Class Action

  • May 12, 2016

    Bloomberg Pays $5.5M To Settle Call Center Wage Suit

    Bloomberg LP has agreed to pay almost $5.5 million to resolve a proposed class action brought by New York call center employees who claimed that the news and financial data service underpaid them, according to court documents on Wednesday.

  • May 12, 2016

    Friendly’s Franchisees Can't Escape Wage Suit, For Now

    A Pennsylvania federal court on Wednesday denied a bid by Friendly's Ice Cream LLC to dismiss its franchisees from a putative class action accusing the chain of various wage violations, saying the restaurant chain's motion can't be made at this stage.

  • May 12, 2016

    Texas Hospital Can't Escape Paramedics' Overtime Suit

    A Texas federal judge on Wednesday determined that a helicopter paramedic's putative class action alleging a Houston hospital didn't pay overtime and made the crews work through lunch breaks can proceed and denied the hospital's bid to duck the claims.

  • May 11, 2016

    Swift Transportation Gets Judge's Nod For $3.6M OT Deal

    A California federal judge on Wednesday signed off on a $3.6 million settlement to resolve collective action claims that Swift Transportation Co. failed to pay customer service representatives proper overtime wages in violation of the Fair Labor Standards Act.

  • May 11, 2016

    Lyft Raises Calif. Driver Deal To $27M After Refusal Of 1st Try

    Lyft Inc. agreed Wednesday to pay $27 million to close out a proposed class action brought by California drivers who say they were misclassified as independent contractors, more than doubling an earlier offer thrown out by a California federal judge last month.

  • May 11, 2016

    Weight Watchers Escapes Investor Suit Over Slimming Stock

    Weight Watchers International Inc. beat a proposed investor class action alleging the company concealed problems with a new software rollout and threats from competition when a New York judge ruled Wednesday the complaint’s allegations about why customers left amounted to possible “industry gossip.”

  • May 11, 2016

    SC Golf Resort, H-2B Workers Settle Wage Suit For $2.3M

    Jamaican workers who accused a South Carolina golf resort of cheating them out of wages under the H-2B visa program on Wednesday reached a $2.3 million settlement agreement that will end their class action. 

  • May 11, 2016

    Chancery Tosses Class Suit Over $446M MLP Pipeline Deal

    Saying that Delaware’s partnership laws are “explicitly contractual,” a Chancery Court judge dismissed a class suit Wednesday challenging a $446 million pipeline deal that gave a master limited partnership only one-third of the return granted to the MLP’s controlling general partners.

  • May 11, 2016

    Class Counsel Wins $2.5M In Honeywell Chromium Settlement

    The attorneys representing a class of property owners alleging Honeywell International Inc. caused property damage and health risks through chromium pollution in Jersey City, New Jersey, will get $2.5 million in fees as part of a $10 million settlement blessed by a judge Wednesday, after a fee dispute had stalled its finalization.

  • May 11, 2016

    Ocean Spray Growers Denied Cert. In Phony-Auction Suit

    A bloc of cranberry growers for Ocean Spray and other “handler” companies was denied class certification on Tuesday in their suit accusing the juice and snack company of pushing down their prices to favor other growers, when a federal judge ruled that the class failed many of the basic tests for certification.

  • May 11, 2016

    Suit Over Rams’ Move To LA Will Play Out In St. Louis

    A proposed class action filed by a group of disgruntled fans of the former St. Louis Rams football team was punted back to Missouri state court on Tuesday after a federal judge found that despite the NFL team’s “bald assertion” that owner Stan Kroenke was a citizen of Wyoming, he actually lived in Missouri.

  • May 11, 2016

    CVS Affiliate Settles Worker Overtime Claims For $1.47M

    An Arizona federal judge has approved a $1.47 million settlement between a CVS Pharmacy affiliate and a class of corporate employees claiming they had been misclassified as exempt from overtime pay, and subsequently dismissed the litigation.

  • May 10, 2016

    Atty In Tom's 'Natural' Labeling Suit Might Escape Sanctions

    A Florida magistrate judge on Tuesday recommended that an attorney who filed objections on behalf of himself and a class member to a $4.5 million settlement with Tom’s of Maine Inc. over “natural” toothpaste claims should not be sanctioned, finding the dual objections did not amount to a conflict of interest.

  • May 10, 2016

    RushCard To Pay $20.5M To End Users' Outage Suit

    RushCard has reached a deal to reimburse all charges for thousands of customers who were allegedly shut out of their prepaid card accounts in October, paying up to $19 million for users’ outside losses and $1.5 million in attorneys’ fees, lawyers confirmed to Law360 on Tuesday.

  • May 10, 2016

    Fresh Market Strikes $5M Deal To End Workers’ FLSA Suit

    Fresh Market agreed to pay $5 million to settle a Fair Labor Standards Act collective action accusing the upscale grocery chain of stiffing department managers on overtime pay, according to documents filed Tuesday in Connecticut federal court.

  • May 10, 2016

    $2M Settlement Reached In Pipe Price-Fixing Class Action

    Two iron pipe fitting companies accused of fixing prices will pay more than $2.6 million to settle a class action with indirect purchasers of their products, according to documents filed Tuesday in New Jersey federal court.

  • May 10, 2016

    2nd Circ. Revives Overpriced Medical Record Fees Row

    A proposed class of former patients who accused a group of hospitals and their records administrator of overcharging for copies of their medical records have plausibly alleged that they were injured because of the excessive fees, the Second Circuit ruled Tuesday, overturning a lower court’s dismissal of the dispute.

  • May 10, 2016

    Vizio To Pay $2.3M To End TV Buyers' Video Streaming Row

    Vizio Inc. has reached a $2.3 million settlement in a proposed class action alleging Vizio falsely advertised that its 2014 smart televisions could access streaming video content through an Amazon app, a Monday filing in California federal court said.

  • May 10, 2016

    Alorica Agrees To $9.25M Settlement In Wage-And-Hour Action

    Alorica Inc., a national call center operator, has agreed to pay $9.25 million to resolve a collective action claiming that it underpaid customer service representatives across the country, according to documents filed on Monday in California federal court.

  • May 10, 2016

    $150M 'London Whale' Settlement Gets Judge's OK

    JPMorgan Chase & Co. will pay $150 million to settle fraud allegations tied to its “London Whale” trading debacle, after a New York federal judge gave final approval to the class action settlement on Tuesday morning.

Expert Analysis

  • Securities Class Actions: American Phenomenon Goes Global

    Matthew Solum

    Countries outside the U.S. are implementing class action systems, and it is becoming increasingly important for issuers to pay attention to this evolving landscape given the increasing likelihood of parallel securities claims brought both in the United States and abroad, say attorneys with Kirkland & Ellis LLP.

  • Online Arbitration Clauses After Sgouros: Down But Not Out

    Edward P. Boyle

    Unless and until Congress alters the arbitration landscape, online retailers would be wise to follow the “reasonable communicativeness” path highlighted by the Seventh Circuit's ruling in Sgouros v. Transunion, because agreements that clearly evidence a user’s assent could mean the difference between a consumer arbitration and a class action, say Edward Boyle and Shahin Rothermel at Venable LLP.

  • 6 Ways Lawyers Can Enhance Cross-Office Communication

    N. Courtney Hollins

    Building relationships with your partners and keeping a finger on the pulse of firmwide legal activity yields strong benefits. However, many attorneys never quite pick up on this important tool while in the trenches of practice. Courtney Hollins and Dan Ujczo at Dickinson Wright PLLC offer tips for cultivating a strong firmwide communication network.

  • 5 Takeaways From 9th Circ. Ruling In TWC Timecard Case

    Adam Rosenthal

    This week, the Ninth Circuit issued a crushing blow to a plaintiff who sought to use the California Labor Code to extract millions of dollars in penalties from his former employer, Time Warner, based entirely on the theory that over a 13-month period he was “underpaid” $15.02 and is owed compensation for precisely one minute. The decision restores some sanity to wage-and-hour jurisprudence, says Adam Rosenthal of Sheppard Mullin Ri... (continued)

  • Gig Economy: Settlements Leave Labor Issues Unsettled

    Miriam A. Cherry

    Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • The Fight For Streaming Royalties Is Going Over The Top

    Nathaniel L. Bach

    A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.