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  • March 26, 2014

    6th Circ. Rejects Stock-Inflation Suit Against KeyCorp

    The Sixth Circuit on Wednesday affirmed the dismissal of a putative class of KeyCorp 401(k) participants' claims that they paid inflated prices for company stock, saying the plaintiffs had failed to plead that KeyCorp's alleged misrepresentations caused a sharp drop in its stock value.

  • March 26, 2014

    Qualcomm Execs Dodge Derivatives Suit Over Bonus Pay

    A Delaware federal judge on Wednesday killed a derivatives suit accusing Qualcomm Inc. executives of using an allegedly misleading proxy statement to coerce shareholders into approving stock bonuses so the company could reap tax benefits, ruling the shareholders had a choice with the vote.

  • March 26, 2014

    11th Circ. Says Citi Trends Can't Force Arbitration In FLSA Suit

    Store managers at clothing retailer Citi Trends will still be able to join an overtime class action despite signing arbitration agreements, the Eleventh Circuit said Tuesday, finding that a federal court in Alabama did not abuse its discretion when it barred the retailer from compelling arbitration with the class of managers.

  • March 26, 2014

    Lloyd's Insurer Freed From Footing Convergys' TCPA Deal

    A New York federal court on Tuesday enforced a policy exclusion and handed Certain Underwriters at Lloyd's, London, a quick win in its lawsuit challenging coverage for Convergys Corp.'s settlement of a Telephone Consumer Protection Act class action.

  • March 26, 2014

    General Mills Can't Crush Calif. Granola Bar Class Actions

    A California federal judge refused Wednesday to dismiss three proposed class actions accusing General Mills Inc. of deceptively marketing its Nature Valley snacks as all-natural when they actually contain genetically modified organisms, though he trimmed some claims from two of them.

  • March 26, 2014

    Walgreen Shells Out $23M To Settle Wage Class Actions

    Walgreen Co. settled nine consolidated wage-and-hour class actions for $23 million in California federal court on Tuesday, brought by employees who accused the company of failing to pay overtime for mandatory security checks and not allowing adequate rest periods.

  • March 26, 2014

    Ill. Panel Lets Insurers Escape $8M Fax-Blast Coverage

    An Illinois appeals court on Tuesday flipped a ruling that stuck two Zurich American Insurance Co. units with the $8 million tab from a fax-spamming class action settlement, applying Pennsylvania precedent that unsolicited communications are not accidental rather than policyholder-friendly Illinois law.

  • March 26, 2014

    Wells Fargo To Pay $15M In Wage-and-Hour MDL

    Wells Fargo & Co. will fork over $15 million to settle the claims of nearly 4,500 home mortgage consultants in a collective action in Texas federal court alleging that the bank and its predecessors failed to pay them overtime, according to documents filed Tuesday.

  • March 26, 2014

    Class, Recovery Service Battle Over $7.25B Swipe Fee Deal

    Class plaintiffs in the $7.25 billion settlement over Visa Inc. and MasterCard Inc.'s alleged plot to fix credit card swipe fees urged a New York federal judge Monday to bar a claim-recovery service from the case, while the service rebutted arguments that it had attempted to mislead class members.

  • March 25, 2014

    7th Circ. Won't Revive Live Nation Bundling Suit

    The Seventh Circuit refused Tuesday to revive a putative class action accusing Live Nation Entertainment Inc. of unfairly and illegally bundling parking fees with concert tickets, ruling that it failed to state a claim under the Illinois Consumer Fraud and Deceptive Business Practices Act.

  • March 25, 2014

    EEOC Must Pay Attys' Fees From Tossed Propak Bias Suit

    A Fourth Circuit panel on Tuesday upheld a $189,000 attorneys’ fees award against the U.S. Equal Employment Opportunity Commission in a class action that accused Propak Logistics Inc. of refusing to hire non-Hispanics, agreeing that the suit was moot when it was filed.

  • March 25, 2014

    JPMorgan Pays $16M To Settle Bankers' OT Class Action

    JPMorgan Chase & Co. has agreed to pay $16 million to settle a proposed class and collective action alleging it failed to pay its business bankers overtime, according to documents filed in New York federal court on Tuesday.

  • March 25, 2014

    Microsoft Dodges Phone-Tracking Class Action

    A Washington federal court on Tuesday tossed out a pending class action against Microsoft Corp. that accused the company of illegally tracking customers via their smartphones.

  • March 25, 2014

    Judge Iffy On Proposed Guitar Center OT, Break Settlement

    Guitar Center Inc. employees who say the retailer failed to provide adequate overtime pay and breaks urged a California judge on Tuesday to approve a proposed settlement covering 5,000 workers, but the judge cast doubt on the deal, saying it offers “very trivial recovery” for the class.

  • March 25, 2014

    Capital One Pays $3M To Escape Eavesdropping Class Action

    A putative class of Capital One Bank NA cardholders in five states have secured a $3 million settlement of claims that the bank covertly recorded outbound customer service calls, according to documents filed Monday in California federal court.

  • March 25, 2014

    Samsung Washer Plaintiffs Can't Consolidate With Other Suits

    A New Jersey federal judge said Monday he would not reconsider an order refusing to consolidate proposed class actions accusing Samsung Electronics America Inc. of selling faulty washing machines, agreeing that one of the suits alleges a broader range of defects than the others.

  • March 24, 2014

    Borrowers Denied Cert. In Sallie Mae Student-Loan Case

    A California federal judge on Monday refused to certify a proposed class action seeking to represent approximately 100,000 California student-loan borrowers who say Sallie Mae Inc. illegally charged them late fees or excessive interest, finding some of the potential subclasses insufficiently similar.

  • March 24, 2014

    High Court Won't Hear Appeal Of ERISA Claim Time Limits

    The U.S. Supreme Court on Monday declined to review a lower court ruling tossing a retiree's proposed Employee Income Retirement Security Act class action, which the petitioner had argued was an ideal vehicle for resolving a circuit split over when claims accrue.

  • March 24, 2014

    SunEdison Ditches Retirement-Plan Stock Value Suit

    A Missouri federal judge tossed a putative class action by retirement-plan members alleging MEMC Electronics Materials Inc., now SunEdison Inc., illegally hid production problems and thus caused its stock value to fall, ruling Monday there was no evidence the plan should have stopped investing in company stock.

  • March 24, 2014

    Starbucks Baristas Lose Class Cert. Bid In Wage Action

    A California federal judge on Monday refused to certify four proposed classes in a suit alleging Starbucks Corp. did not allow for required rest breaks or meal periods, finding that each of the proposed classes were overinclusive.

Expert Analysis

  • 2014 Cases To Watch For Securities Litigators

    Joe Crace

    The federal securities litigation landscape is likely to look very different come December 2014. Among potential significant developments is the U.S. Supreme Court issuing yet another broad, defendant-friendly interpretation of the Securities Litigation Uniform Standards Act, which will make it even more difficult for plaintiffs to bring state law class actions that in any way relate to transactions in covered securities, say Joe Crace and Brant Phillips of Bass Berry & Sims PLC.

  • How To Use Risk Analysis To Calculate Settlement Value

    Brian Henthorn

    In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS concluded that decision analysis is an inherently flawed tool for calculating settlement values of civil cases. However, the error is not in the tool, but rather in how it is used. Done correctly, decision analysis can and should be used to assist counsel in calculating discounted settlement values, say Richard Lane White and Brian Henthorn of Gnarus Advisors LLC.

  • 9th Circ. Raises Bar For Standing In GHG Citizen Suits

    Svend A. Brandt-Erichsen

    The Ninth Circuit has let a ruling stand that may sharply limit the availability of Clean Air Act citizen suits targeting greenhouse gas emissions. It remains to be seen whether the denial will have any impact on suits pursuing procedural remedies, says Svened Brandt-Erichsen of Marten Law PLLC.

  • 6 Tips For Creating Effective Trial Graphics

    Aaron Stienstra

    These days, jurors and judges are so accustomed to seeing graphics — on the street, on the Web, on their smartphones — that they expect to see something good in the courtroom. The best graphics are composed of consequential information, clearly displayed, with emphasis on what matters most, paired with artwork that adds meaning. This simultaneously compels people to think, feel and make decisions, says Aaron Stienstra, design director at The Focal Point LLC.

  • Takeaways From 9th Circ. FCRA Ruling Against Spokeo

    Doug Meal

    The Ninth Circuit's recent Fair Credit Reporting Act decision against Spokeo Inc. likely will be welcomed by plaintiffs in data privacy and data security actions who have struggled to show injury and frequently faced dismissal on that ground. However, the 2010 decision on which the ruling relied stands in some tension with case law in other courts, suggesting this may have limited force outside the Ninth Circuit, say attorneys with Ropes & Gray LLP.

  • The Future Of Compelled Arbitration In Calif. Courts

    Kenneth Sulzer

    In light of emerging “rules” compelling arbitration in California courts and the present trend of enforcing arbitration agreements and upholding class action waivers, an important question remains: How will plaintiffs respond? say Kenneth Sulzer and Keith Goodwin of Proskauer Rose LLP.

  • Halliburton: Do Plaintiffs Have A Fix In Affiliated Ute?

    Claire Loebs Davis

    In the building frenzy over the possible demise of the fraud-on-the-market presumption in the upcoming U.S. Supreme Court ruling in Halliburton Co. v. Erica P. John Fund, one theory that has been repeatedly put forward is that plaintiffs’ attorneys could sidestep the formidable obstacle of proving classwide reliance by taking advantage of a high court ruling in Affiliated Ute Citizens v. U.S. However, a key distinction has been widely forgotten, says Claire Loebs Davis of Lane Powell PC.

  • Stakes Are High For ERISA Fiduciaries

    Michael R. Dube

    A U.S. Supreme Court decision favorable to the plaintiffs bar in Fifth Third Bancorp v. Dudenhoeffer could mean renewed exposure for Employee Retirement Income Security Act fiduciaries — including company retirement plan committees — to vexatious, costly and burdensome litigation of precisely the sort that Congress believed it was cracking down on when it passed the Private Securities Litigation Reform Act, say Michael Dube and Michael Gass of Choate Hall & Stewart LLP.

  • Court Split Over Medical Device Claims Persists

    Andrew L. Campbell

    A recent decision by the California Court of Appeal in Coleman v. Medtronic Inc. has widened the judicial divide over preemption of state law tort claims in cases implicating Class III medical devices. If courts continue to apply the narrow interpretation favored by Coleman, the violation of almost any U.S. Food and Drug regulation could potentially provide a basis for common law negligence and/or strict liability claims under state law, say attorneys at Faegre Baker Daniels LLP.

  • Calif. Court Dims 'Shine The Light' Law For Plaintiffs

    Vincent Loh

    The California Court of Appeal's recent decision in Boorstein v. CBS Interactive Inc. appreciably limits the ability of plaintiffs to bring suit under California's "Shine the Light" law, and provides a road map for those seeking to escape “liability traps” based on mere technical violations of the law, says Vincent Loh of Robins Kaplan Miller & Ciresi LLP.