Class Action

  • January 8, 2016

    Consumers Again Lose Class Cert. Bid In Supple False Ad Suit

    A new proposed class of consumers accusing Supple LLC of falsely promoting its nutritional drinks in infomercials as effective for treating joint pain still isn’t narrow enough to prove specific reliance, a California federal judge said Thursday, after the Ninth Circuit had previously decertified the group.

  • January 7, 2016

    9th Circ. Won't Undo Best Buy's LCD Price-Fixing Win

    The Ninth Circuit on Thursday refused to reverse a lower court's decision to uphold a jury verdict that HannStar Display Corp. participated in a liquid crystal display price-fixing conspiracy that harmed Best Buy Co. Inc., ruling U.S. antitrust law governed HannStar's foreign conduct.

  • January 7, 2016

    Future-Employment Ban Burns Pizza Chain's Wage Suit Pact

    A New York federal judge on Wednesday rejected a proposed collective action settlement between two Manhattan pizzerias and a pair of delivery workers who were allegedly stiffed on wages, saying a clause in the deal that bars them from ever again working for the pizzerias runs contrary to federal labor law.

  • January 7, 2016

    Sanofi Dodges Securities Fraud Class Action In NY

    A New York federal judge tossed a pension fund’s putative class action against Sanofi SA on Wednesday, saying that allegations of a kickback scheme used to drive up sales of the company’s diabetes drugs and artificially inflate Sanofi’s stock price were not sufficiently supported by facts.

  • January 7, 2016

    Sony Settles Interns' Wage Suit, Dodges Another

    A New York federal judge has approved a settlement in a wage-and-hour suit between Sony Music Entertainment and a putative group of former unpaid interns, and signed off on the voluntary dismissal of a similar class action suit that had been lodged by another intern.  

  • January 7, 2016

    SuperValu Hack Victims Haven't Shown Harm, Judge Says

    A Minnesota federal judge on Thursday booted multidistrict litigation involving a proposed class of SuperValu shoppers who alleged they were harmed after the supermarket chain’s payment systems were hacked, saying their claims of possible future injuries were too speculative to give them standing.

  • January 7, 2016

    Schwab Routing Order Class Actions Tossed, Allowing Appeal

    A California federal judge on Wednesday finalized the dismissal of class actions alleging Charles Schwab violated its duty to customers by sending certain securities orders to UBS Securities rather than seek the best possible venue for their trades, a ruling the customers had sought in order to appeal the earlier dismissal to the Ninth Circuit.

  • January 7, 2016

    Madoff Feeder Suit Ends With $55M PwC Settlement

    PricewaterhouseCoopers LLP has agreed to pay $55 million to escape a class action claiming it failed to recognize and alert investors to red flags in funds invested in Bernie Madoff’s Ponzi scheme, bringing an end to seven years of litigation just as the case was headed to trial.

  • January 7, 2016

    Kohl's $4M Manager OT Settlement Gets Final Approval

    A New York federal judge on Wednesday granted final approval of a class and collective action settlement worth up to $4 million that resolve allegations Kohl's Department Stores Inc. misclassified managers as supervisors who were ineligible for overtime.

  • January 7, 2016

    United Fliers Lose Row Over Lost Perks At 7th Circ.

    United Airlines frequent fliers challenging unilateral changes to their benefits after the company merged with Continental Airlines saw their putative class action shot down Wednesday, when the Seventh Circuit ruled United had the right to alter its program.

  • January 6, 2016

    Only High Court Can Settle NLRB's Fight Over Class Waivers

    The National Labor Relations Board ended 2015 with a two-week binge of rulings doubling down on its view that companies can’t require workers to waive class action rights, despite the Fifth Circuit's twice rejecting that view and two other appeals courts weighing the issue. As the arbitration waiver landscape gets more knotted, attorneys say only the Supreme Court can fully resolve the matter.

  • January 6, 2016

    Insurer Must Cover DNA Testing Co. In Privacy Suit

    A Texas federal judge on Thursday ordered Evanston Insurance to defend DNA analysis company Gene by Gene in a proposed class action accusing it of publishing test results on its website without permission, saying the alleged privacy violation falls within the definition of personal injury in the company's insurance policies.

  • January 6, 2016

    Credit Suisse Gets OK For $110M Deal In $1.6B MBS Suit

    A New York federal judge gave a preliminary nod Wednesday to a $110 million settlement to resolve a class action brought by investors alleging Credit Suisse AG used misleading financial disclosure documents to trick them into purchasing $1.6 billion in troubled mortgage-backed securities.

  • January 6, 2016

    3rd Circ. Won’t Revive Ex-Pfizer Workers’ Benefits Spat

    The Third Circuit on Wednesday affirmed that former Pfizer Inc. workers weren’t entitled to severance benefits after the company’s $68 billion acquisition of Wyeth Pharmaceuticals Inc., holding that conflicts of interest and minor flaws in the claims administration process don’t doom the result.

  • January 6, 2016

    Judge Blesses BMW's $30M Mini Cooper Class Settlement

    BMW of North America LLC could pay more than $30 million, including up to $2.3 million in attorneys’ fees, to settle a proposed consumer class action over allegedly defective engines in Mini Coopers, according to a judge’s opinion filed Wednesday in New Jersey federal court.

  • January 6, 2016

    Facebook's $20M Ad Settlement Kosher, 9th Circ. Says

    A split Ninth Circuit panel on Wednesday upheld a lower court’s approval of a contested $20 million privacy settlement requiring Facebook to change policies for using members' pictures in ads and make small payments to class members, overriding objections to the funneling of unclaimed funds to charities.

  • January 6, 2016

    Mental Health Employees Settle Wage Class Action

    Alliance Inc., a service provider for people with special needs, has agreed to pay $330,000 to end a collective action alleging it didn’t pay rehabilitation coordinators for all hours they worked, according to a Tuesday filing in Maryland federal court.

  • January 6, 2016

    Rodeo Cowboys Score Win In Suit Claiming PRCA Monopoly

    A putative class of rodeo athletes who are suing the Professional Rodeo Cowboys Association over allegedly monopolistic practices won a victory Monday when a federal judge in Texas ruled the athletes, who had formed a competing group with separate events, could compete in PRCA events.

  • January 6, 2016

    Dell Drops Panasonic, Sanyo Claims In Ion Battery Row

    Dell Inc. has dropped its claims against Panasonic Corp. and Sanyo Electric Co. Ltd. in multidistrict litigation in California federal court alleging they conspired to fix the prices of lithium ion battery cells, according to an order of voluntary dismissal filed Wednesday.

  • January 6, 2016

    3rd Circ. Says Courts Must Decide On Class In Royalty Fight

    The Third Circuit said in a precedential opinion Tuesday that courts must determine whether disputes are subject to class arbitration unless parties “clearly and unmistakably” delegate this power to arbitrators, favoring Chesapeake Appalachia LLC in a gas lease royalty fight with Scout Petroleum LLC.

Expert Analysis

  • The Unrealized Promise Of Rule 26 Amendments

    Peter Seley

    The promise of the 2010 amendments to Federal Rule of Civil Procedure 26 has not been fully realized, and recent judicial decisions have forced attorneys to again adopt convoluted strategies to avoid discovery of communications between testifying experts and nonattorney party representatives, say Peter Seley and Bryson Smith of Gibson Dunn & Crutcher LLP.

  • Colo. Litigation Financing Ruling Could Have Broad Reach

    Scott M. Pearson

    A Colorado Supreme Court ruling in Oasis Legal Finance v. Coffman that litigation financing programs are nonrecourse “loans” is significant not only because it contradicts well-established law in other states, but also because regulators and consumer class action lawyers could attempt to extend its reasoning to merchant cash advances and other transactions, say attorneys with Ballard Spahr LLP.

  • To Halliburton And Back: What To Expect From Round 3

    George Greer

    In what is now the third interlocutory appeal in the Erica P. John Fund v. Halliburton class certification proceedings spanning more than a decade, the issue concerning the Fifth Circuit — and possibly eventually the U.S. Supreme Court — is how to square Halliburton I and Amgen with Basic and Halliburton II, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • And Now A Word From The Panel: Armchair Quarterback MDL?

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    The NFL's Sunday afternoon television package recently sparked a series of antitrust actions in California and New York. At its December hearing, the Judicial Panel on Multidistrict Litigation will consider creating an MDL proceeding for these class actions, which allege antitrust violations as a result of the exclusive distribution of television rights to the "Sunday Ticket" games, says Alan Rothman of Kaye Scholer LLP.

  • 3rd Circ. TCPA Decisions Are Not Setbacks For Defendants

    Michael P. Daly

    Defendants’ reactions to the Third Circuit’s recent Telephone Consumer Protection Act decisions in Leyse v. Bank of America and Dominguez v. Yahoo have been mostly doom and gloom. Some degree of disappointment is understandable, as both decisions vacated notable defense rulings. But on closer examination they offer not only swords to plaintiffs but also shields to defendants, say Michael Daly and Eduardo Guzman of Drinker Biddle & Reath LLP.

  • Courts Are Dismissing Class Actions Involving Virtual Casinos

    James Gatto

    Two recent decisions in Maryland and Washington federal court represent a significant, positive development for social game companies that use gamblification — the use of gambling mechanics for nongambling purposes — to monetize their games, say James Gatto and Mark Patrick of Sheppard Mullin Richter & Hampton LLP.

  • Hiring Defense Attys: Why An Interview Process Is Vital

    Douglas W. Greene

    Companies named in a securities class action frequently fail to engage in a competitive interview process for their defense counsel, and instead simply retain litigation lawyers at the firm they use for their corporate work. But an interview process involves myriad benefits — including tens of thousands of dollars of free legal advice, says Douglas Greene, chairman of the securities litigation practice at Lane Powell PC.

  • Making The Most Of Document Analytics

    Rand Ghayad

    Recent case law reflects a clear progression toward judicial acceptance of document analytics. In this article, principals at The Brattle Group Inc. and the leader of Reed Smith LLP's records and e-discovery group summarize court opinions on the superiority of using predictive coding over keyword searches and provide an illustration of how a closely related method, topic modeling, can be used in document-intensive investigations.

  • How Trial Counsel Can Take Advantage Of New Federal Rules

    Mark E. Tully

    Will the amendments to the Federal Rules of Civil Procedure actually help streamline cases, reduce discovery costs and improve case management? That is certainly the hope, although the key will be how well judges and counsel take advantage of early case assessment and management techniques, say Mark Tully and Michelle Briggs of Goodwin Procter LLP.

  • US Courts Aren't Helping With EU Data Privacy Relations

    Andre Fiebig

    The disposition of U.S. courts in data privacy cases is likely to undermine whatever mitigating effect that the promise of a U.S. remedy might have in the attempts to reach a deal between the U.S. and the EU. The Seventh Circuit's recent decision in Silha v. ACT is yet another example of this, says Andre Fiebig of Quarles & Brady LLP.