Class Action

  • August 31, 2015

    BofA's $9M, $3.6M Deals OK'd Despite 'Vexatious' Objector

    Bank of America Corp. has won final approval of a $9 million settlement with part-time employees and a $3.6 million deal in another class action over pay stubs, despite the objections of a nonclass member who injected himself into both cases, prompting the bank to call him “vexatious.”

  • August 31, 2015

    PNC Can't Escape Bankers' OT Class Action, 7th Circ. Says

    The Seventh Circuit on Monday upheld a district court judge’s decision to certify a class of bankers from 27 Illinois branches of PNC Bank National Association, holding there was a common question of whether managers instituted an unofficial policy prohibiting employees from claiming overtime.

  • August 31, 2015

    Prudential Investors Win Cert. In Unpaid Policy Suit

    A New Jersey federal judge on Monday certified a class of Prudential Financial Inc. shareholders who claim that when the insurer revealed it had held onto money that should have been paid to policy beneficiaries or state unclaimed property funds, its stock values tumbled, harming investors.

  • August 31, 2015

    Nexium Pay-For-Delay Plaintiffs To Appeal Loss To 1st Circ.

    The plaintiffs in the Nexium pay-for-delay multidistrict litigation against AstraZeneca PLC and generic-drug maker Ranbaxy Inc. on Friday appealed to the First Circuit a Massachusetts federal judge’s refusal in July to grant them a new trial.

  • August 31, 2015

    Cisco Still Off Hook In China, Falun Gong Spying Row

    A California federal judge refused Monday to vacate a ruling that Falun Gong practitioners failed to show Cisco Systems Inc. knowingly provided surveillance systems that the Chinese government used to persecute the religious group, holding a recent Ninth Circuit decision also asserting the Alien Tort Statute didn’t change his opinion.

  • August 31, 2015

    Daiichi Sankyo Shells Out $8.2M In Sex Bias Settlement

    Daiichi Sankyo Inc. has agreed to pay $8.2 million to settle a class action in California federal court with nearly 1,400 female employees who say the drug company paid them less than their male peers, according to a settlement motion filed Friday.

  • August 28, 2015

    Judge Upholds Native Oilfield Drivers' $3.7M OT Award

    A Texas federal judge refused Thursday to overturn a $3.7 million award for former Native Oilfield Services LLC drivers in a wage class action, holding that the pressure-pumping company wasn’t exempt from paying overtime under a Fair Labor Standards Act trucking regulation and that the jury’s unpaid-hours calculations were fair.

  • August 28, 2015

    2nd Circ. Revives Some Of China North Investor Suit

    Oil exploration company China North East Petroleum Holdings Ltd. and one of its top executives are back on the hook for securities fraud after the Second Circuit ruled Friday that Acticon AG's shareholder class action included enough material about reckless behavior to constitute a potential claim.

  • August 28, 2015

    NLRB Upholds Unlawful Arbitration Pact Ruling

    The National Labor Relations Board has signed off on an administrative law judge's decision that applied the controversial D.R. Horton decision in finding that an arbitration agreement not expressly barring workers from bringing class or collective actions still violated federal labor law because it had the practical effect of doing so.

  • August 28, 2015

    2nd Circ. Won't Revive Drug Price Suit Against J&J, Others

    The Second Circuit on Thursday refused to revive a drug price discrimination suit against Johnson & Johnson and other drugmakers, ruling a group of 28 retail pharmacies had failed to show they were harmed by the allegedly anti-competitive practices.

  • August 28, 2015

    HSBC Says Plaintiffs Risk No Recovery If $1.8M Deal Not OK'd

    HSBC PLC urged a Colorado federal judge to approve a $1.8 million settlement reached with putative class members who alleged the bank took kickbacks for steering consumers into inflated flood insurance contracts, saying Friday the group faced the “very real risk” of no recovery without the deal.

  • August 28, 2015

    Trucking Co. To Pay $3.45M To Settle Minimum Wage Suit

    An Arkansas federal judge on Friday granted preliminary approval to a $3.45 million settlement by PAM Transport Inc. to end a class action involving truck drivers who alleged they were not paid minimum wages.

  • August 28, 2015

    International Cos. Escape Vehicle Shipping Price-Fixing MDL

    A New Jersey federal judge on Friday dismissed multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, ruling the claims weren’t actionable under U.S. federal law.

  • August 28, 2015

    Judge Trims Migrant Kid Atty Case, Explains Cert. Denial

    A Washington federal judge on Thursday outlined his reasons for his recent refusal to certify a class of immigrant children trying to obtain attorneys while facing deportation, and trimmed three plaintiffs from the case who have been granted asylum and no longer hold a valid claim.

  • August 28, 2015

    Circuit City Drops Mitsubishi Claims In Price-Fixing MDL

    The bankruptcy trustee of Circuit City Stores Inc. has agreed to drop its claims against Mitsubishi Electric Corp. and various related entities in multidistrict litigation alleging they were part of a conspiracy to fix the prices of cathode ray tubes in televisions, according to a Thursday filing in California federal court.

  • August 27, 2015

    Prison Co. Denied Reconsideration In Detainee Labor Case

    A Colorado federal judge on Wednesday denied a bid by the owner of a private detention center accused of forcing immigration detainees to work for little or no pay to reconsider denying its motion to dismiss under the Trafficking Victims Protection Act, saying the company was just trying to revisit old issues.

  • August 27, 2015

    'Flash Boys' Suits Lose Luster After Exchange Case Tossed

    The prospects of "Flash Boys"-inspired litigation dimmed Wednesday when a New York federal judge ruled that stock exchanges have immunity from private suits claiming they helped high-frequency traders gain an unfair advantage in the marketplace, experts say.

  • August 27, 2015

    Ohio Justices Decertify Class In Auto Dealer Contract Row

    Ohio’s high court on Thursday decertified a class of consumers in a state suit alleging auto dealer Ganley Management Co.’s purchase agreements contained an unconscionable arbitration clause, ruling plaintiffs hadn’t shown that all the class members had been injured.

  • August 27, 2015

    Warranty Claim Cut From Discolored Decking Class Action

    A New Jersey federal judge on Wednesday granted in part TimberTech Ltd.’s motion to dismiss a proposed class action claiming the company’s XLM decking products are prone to splotchy discoloration, finding that the company’s warranty expressly excludes color changes.

  • August 26, 2015

    Boeing Inks Last-Minute Deal In Class Action Over 401(k)

    Boeing Co. agreed Wednesday to a preliminary settlement to resolve a class action brought by 401(k) retirement fund investors accusing the aerospace giant of charging excessive and hidden fees, avoiding a bench trial that was set to begin today in the long-running case, according to Illinois federal court records.

Expert Analysis

  • The Glass-Half-Empty Class Action: Slack-Fill Litigation

    James P. Muehlberger

    We've all popped open that bag of potato chips only to find it seems half-empty. That's slack-fill for you, and despite all of the legitimate explanations in the world for it, that has not deterred some in the plaintiffs' bar, which has seized upon slack-fill litigation as the newest product packaging and labeling class action du jour, say James Muehlberger and Iain Kennedy of Shook Hardy & Bacon LLP.

  • Rebutting Fraud On The Market

    Michelle Reed

    The most recent Halliburton class certification decision addressed one of the key questions left open after the U.S. Supreme Court’s ruling last year — the level of proof necessary to rebut the fraud-on-the-market presumption, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Shedding Light On Conn.'s Pay Secrecy Law

    Daniel L. Schwartz

    Connecticut's Public Act No. 15-196 provides employees in the state with a private right of action against alleged gender pay discrimination. Employees may file a complaint alleging a violation of the law in any court of competent jurisdiction, and the language of the law appears to contemplate collective or multiple plaintiff lawsuits, say Daniel Schwartz and James Leva of Day Pitney LLP.

  • Lessons From 5th Circ. Application Of Scienter Standard

    David Dodds

    The Fifth Circuit’s recent dismissal of a federal securities fraud class action that arose out of the failure of Guaranty Bank serves as a reminder that even where some specific allegations tend to support an inference of scienter, they may not invariably lead to a finding of the required “strong inference,” says David Dodds of Haynes and Boone LLP.

  • FIFA Avoids Concussions — For Now

    Ronald S. Katz

    Amid its well-publicized legal woes, FIFA recently dodged a legal bullet when it was dismissed with prejudice from a concussion class action filed by soccer players and parents. However, it is not likely that this speck of good fortune will last, for at least three reasons, says Ronald Katz, head of Manatt Phelps & Phillips LLP's sports law practice.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Beer Lawsuits Brew Caution For Country-Of-Origin Labeling

    Richard A. Mojica

    A recent flurry of class actions brought under state consumer protection laws in California, Florida and New York involving country-of-origin labeling violations by beer companies serves as a reminder that domestic companies must exercise caution when advertising a product as "imported" or "Made in the USA," say Richard Mojica and Austen Walsh of Miller & Chevalier Chartered.

  • A Standing Ovation For Plaintiffs In Data Breach Cases

    Priya Roy

    Why did the Seventh Circuit find standing in the Neiman Marcus case when the vast majority of data breach cases have been dismissed on standing grounds? Comparing the case to other recent decisions provides some guidance, but it also raises concerns that a company’s data breach response and remedial measures may be used against it as evidence of harm, says Priya Roy of Montgomery McCracken Walker & Rhoads LLP.