Class Action

  • September 28, 2016

    Oil Field Tech Co. Settles Workers' OT Claims For $1.5M

    An oil field technology services company agreed on Wednesday to a $1.5 million deal in New York federal court that would settle claims by a class of technicians that they were stiffed on overtime pay.

  • September 28, 2016

    Navistar To Pay $9.1M To Resolve Shareholder Suit

    Navistar International Corp. has agreed to pay $9.1 million to resolve a shareholder class action accusing the truck manufacturer of making false or misleading statements about the development of a reduced emissions engine, according to documents filed Wednesday in Illinois federal court.

  • September 28, 2016

    TerraForm Settles Suit Over Now-Junked $2B SunEdison Deal

    TerraForm Power Inc. investor Appaloosa Management LP agreed late Tuesday to settle its derivative claims that once targeted the now-scuttled $2 billion acquisition of Vivint Solar Inc. by SunEdison Inc. for promises of corporate governance reform at TerraForm and up to $3 million in legal fees.

  • September 28, 2016

    Auto Parts Cos. To Pay Combined $44M In Price-Fix Deals

    Four more settlements were approved Wednesday in sprawling multidistrict litigation over auto parts price-fixing, with Aisin Seiki Co. set to pay $18.6 million, Sumitomo Riko Co. settling for $11.4 million, Schaeffler Group USA Inc. agreeing to pay $7.6 million and Valeo Inc. paying $6.6 million.

  • September 28, 2016

    Ill. Appeal Topples Neiman Marcus Credit Check Victory

    An Illinois appellate court Tuesday reversed a ruling in favor of Neiman Marcus, saying the department store chain violated state law when it ran credit checks on potential employees.

  • September 28, 2016

    Treadmill Buyers Get Another Chance In False Ad Suit

    An Illinois federal judge said Tuesday he will allow consumers who purchased Precor Inc. treadmills to amend their proposed class action alleging the company knowingly sold the equipment with a defective heart rate monitor, but not before significantly trimming the claims allowed to go forward.

  • September 28, 2016

    Dentists Smiling As Price-Fixing Conspiracy Case Survives

    A New York federal judge in a ruling released Wednesday refused to dismiss a proposed class action accusing dental supply distributors of a vast price-fixing conspiracy, concluding that allegations of collusion and threats have enough bite for the time being.

  • September 28, 2016

    Dodge Brake Defect Suit To Head Cross Country To Calif.

    A New Jersey federal judge sent a proposed class action accusing Fiat Chrysler’s predecessor of hiding a brake defect in certain Dodges back to California where the case originated nearly five years ago, ruling Tuesday the suit no longer has any relation to its current district.

  • September 28, 2016

    Electronic Parts Cos. To Pay $32.6M To End Antitrust MDL

    Five Japanese manufacturers of circuit board components known as electrolytic capacitors will pay $32.6 million to direct purchasers to resolve multidistrict litigation over an alleged conspiracy to fix prices for the components, according to documents filed Tuesday in California federal court.

  • September 28, 2016

    Chancery Tosses Challenge To AOL's $238M Millennial Buy

    A Delaware Chancery judge on Wednesday threw out claims from a Millennial Media Inc. shareholder challenging the company's $238 million acquisition by AOL Inc., ruling allegations that stockholders, who overwhelmingly voted in favor of the deal, didn’t have enough information were too weak to survive.

  • September 28, 2016

    Och-Ziff Brass Escape Derivative Suit Over FCPA Probes

    A New York state judge has tossed a derivative shareholder suit claiming Och-Ziff Capital Management Group LLC's directors allowed the hedge fund manager to violate the Foreign Corrupt Practices Act and hid the misbehavior from investors despite federal investigations, saying the company acted in good faith in investigating the claims.

  • September 27, 2016

    Chicago Must Face Tenured Teacher Dismissal Class Action

    The Chicago Board of Education lost its bid Monday to toss a proposed class action in Illinois federal court alleging it denied tenured teachers due process rights before being laid off in 2012, as the terminations were a result of "individual animus" and not economic necessity or enrollment.

  • September 27, 2016

    National Freight Must Face Driver Misclassification Suit

    A New Jersey federal judge on Monday denied National Freight Inc.’s efforts to dismiss claims that it violated Massachusetts law by misclassifying a putative class of delivery drivers as independent contractors instead of employees, saying the drivers’ claims aren’t preempted by federal law enacted to enforce deregulation of motor carriers.

  • September 27, 2016

    Hartford, Cincinnati Beat Doc's TCPA Coverage Bid

    A Missouri federal judge has ruled that a Hartford unit and Cincinnati insurance Co. don't have to defend a Chicago-area medical office against proposed class claims that it violated the Telephone Consumer Protection Act by sending unsolicited faxes, saying the underlying allegations fall squarely within TCPA exclusions in the insurers' policies.

  • September 27, 2016

    Consumers Lose Class Cert. Bid In Goji Berry Origin Suit

    A California federal judge shot down a class certification bid in litigation accusing a health food seller of misleading shoppers about where its goji berry product came from, concluding Tuesday that a consumer provided no evidence to support his certification arguments.

  • September 27, 2016

    Mattress Retail Chain Puts EEOC Age Bias Claim To Bed

    Mattress Firm Inc. beat a lawsuit brought by the U.S. Equal Employment Opportunity Commission alleging it discriminated against employees of a Nevada retail store for their age when a Nevada judge ruled Tuesday the employees hadn’t shown they were ousted for being older.

  • September 27, 2016

    Water Co. Ducks Spill Suit, As Eastman Loses Bid To Trim

    A federal judge on Monday freed American Water from class action claims over its role in a Freedom Industries Inc. coal processing chemical mixture spill in West Virginia that left 300,000 people without drinking water for days, while also declining to trim claims asserted against Eastman Chemical Co.

  • September 27, 2016

    Ex-Milberg Atty Tagged In Kickback Plot Settles Madoff Suit

    A former Milberg Weiss partner who was sentenced to prison for his role in a scheme to secretly pay individuals who agreed to serve as class action plaintiffs has resolved a separate lawsuit to recover millions of dollars he received by investing in Bernie Madoff’s bogus securities trading business, according to court documents filed Tuesday in New York.

  • September 27, 2016

    2nd Circ. Tosses Appeal In Unfinished WWE Concussion Suit

    The Second Circuit on Friday denied an appeal by a former wrestler suing World Wrestling Entertainment Inc. for allegedly hiding the risks of traumatic brain injury, saying the appeal would have to wait until he and the other wrestlers suing the WWE hash out their claims in district court.

  • September 27, 2016

    Vivendi Loses Appeal In $49M Shareholder Suit At 2nd Circ.

    The Second Circuit on Tuesday left French media giant Vivendi SA on the hook for class claims it misled investors about its finances after assuming $18 billion in debt, saying shareholders provided sufficient evidence in a jury trial to prove it liable for $49.7 million in damages and interest.

Expert Analysis

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Payment Processing Remains CFPB, Litigation Target

    Quyen T. Truong

    A recent Consumer Financial Protection Bureau enforcement action against Wells Fargo relates to multiple regulatory priorities, but its tough treatment of the bank’s payment allocation practices and related disclosures, unlinked to any statutory or regulatory requirements, highlights the risks presented by the payment processing frameworks that already have been the subject of heavy litigation, says Quyen Truong of Stroock & Stroock & Lavan LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • The Evolving M&A Litigation Landscape Post-Trulia

    Daniel E. Wolf

    While the impact of the January 2016 Delaware decision in Trulia is profound, rumors that it represented the demise of M&A litigation were greatly exaggerated. Deal litigation continues, albeit in different forums, with different claims, and subject to different risk mitigation tactics, say Daniel Wolf and David Feirstein of Kirkland & Ellis LLP.

  • Questioning 2nd Circ. Analysis In Aluminum Antitrust Case

    James Robertson Martin

    The Second Circuit recently held in Aluminum Warehousing that consumers that are used as tools to manipulate a defendant’s market can pursue damage claims suffered from manipulation in that market. However, the court went on to hold, consumers that suffered the consequences of a defendant’s unlawful conduct in another market cannot. This seems a bridge too far, says James Robertson Martin of Zelle LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • Calif. High Court Goes Against The Arbitration Grain

    E. Martin Estrada

    The California Supreme Court's recent decision in Sandquist v. Lebo Automotive will likely have a major impact on class action and arbitration litigation. Given the Golden State’s economic prominence, those doing business in California would be wise to take heed of Sandquist in considering how to craft and carry out their arbitration agreements, say Martin Estrada and Bethany Kristovich at Munger Tolles & Olson LLP.