Class Action

  • July 29, 2016

    Planet Fitness Member Contract Class Action Trimmed In NJ

    A New Jersey federal judge on Thursday trimmed most claims from a putative class action alleging Planet Fitness Inc.'s membership agreements violate state consumer protection laws and suggested that the case may be remanded to state court in light of its reduced size.

  • July 29, 2016

    SunEdison Plan Members Denied Bid To Revive ERISA Suit

    A Missouri federal judge on Friday shot down an attempt by former SunEdison employees to revive a proposed class action against company directors who the workers say violated the Employee Retirement Income Security Act by offering inflated company stock as a retirement plan investment option.

  • July 29, 2016

    2nd Circ. Affirms Nix Of Ex-DHB GC's Suit Over $1.9M Fees

    The Second Circuit on Friday tossed a suit brought by the former general counsel of defunct DHB Industries Inc. seeking to recover $1.9 million in fees, saying he lacked standing to dispute certain fee awards stemming from a class settlement resolving securities fraud allegations against DHB's founder.

  • July 29, 2016

    Macy's Wins Arbitration Over Unpaid Time For Bag Checks

    A California federal judge on Thursday tossed a proposed class's claims and pushed individual claims against Macy's into arbitration on Thursday, saying the former employee can't bring wage-and-hour suit over mandatory security checks of their bags, per an existing agreement.

  • July 28, 2016

    J&J Denied Bid For Speedy 5th Circ. Appeal In Hip MDL

    The Fifth Circuit on Thursday ruled that a Johnson & Johnson unit facing thousands of lawsuits over its hip prosthetics can't get an expedited appeal after a trial loss, just days after patients argued that the second bellwether trial was too complex and voluminous to warrant a speedy appeal.

  • July 28, 2016

    Valeo Agrees To $2.1M Settlement With Auto Dealerships

    Valeo Japan Co Ltd. and affiliates have agreed to pay $2.1 million to auto dealers in multidistrict litigation in Michigan federal court in which the dealers accuse the company of conspiring to fix the prices of air conditioning systems.

  • July 28, 2016

    11th Circ. Won't Revive Fla. Real Estate Fraud Case

    The Eleventh Circuit on Thursday upheld a lower court’s dismissal of allegations that a pair of developers conspired to defraud high-end real estate buyers in Florida by falsely inflating property sale prices, saying the buyers’ “unwieldy, everything-but-the-kitchen-sink approach to pleading” failed.

  • July 28, 2016

    Groupon Strikes $2.5M Deal To Settle Overtime Suit

    Groupon has reached a $2.5 million settlement with a proposed class of company sales representatives to settle their claims under the Fair Labor Standards Act and Illinois Minimum Wage Law that they were misclassified as exempt employees and thus denied overtime, according to Illinois federal court records.

  • July 28, 2016

    Ad Agency Deal With Unpaid Interns Gets Early Approval

    A New York state court gave initial approval Wednesday to a settlement that calls for Arnold Worldwide LLC to compensate a group of unpaid interns $500 apiece to resolve a proposed class action lawsuit, according to court documents.

  • July 28, 2016

    9th Circ. Says Church Hospital Can’t Get ERISA Exemption

    The Ninth Circuit on Tuesday affirmed the claims of a proposed class of employees who contend the Dignity Health hospital chain underfunded their pension plan by $1.2 billion, saying a hospital affiliated with a Catholic church does not qualify for Employee Retirement Income Security Act religious exemptions.

  • July 27, 2016

    General Mills Beats 'Creative' Gluten Labeling Suit

    General Mills on Wednesday defeated a proposed class action concerning supposedly gluten-free Cheerios that had been made with the wrong flour, receiving dismissal from a federal judge who derided the suit as "creative."

  • July 27, 2016

    Cemex Will Face Class Action Over Fuel, Environmental Fees

    A Florida federal judge Tuesday denied a motion to dismiss a putative class action against building materials supplier Cemex, ruling that Deere Construction LLC's allegations that Cemex charged deceptive surcharge fees to clients are substantive enough to proceed with the case.

  • July 27, 2016

    Kate Spade Can't Escape Suit Over Outlet Pricing

    Kate Spade & Co. couldn't zip up a proposed class action in California federal court alleging false price discounts at its outlet stores when a judge Tuesday said allegations by the three consumer plaintiffs are "more than specific enough" to lay a factual basis for fraud claims.

  • July 27, 2016

    Vets Get $3.9M Fee Award After Previous PTSD Benefit Deal

    The U.S. Court of Federal Claims on Tuesday awarded nearly $3.9 million in attorneys’ fees to a class of more than 2,000 veterans who had previously settled with the Pentagon over allegations it wrongly downplayed their post-traumatic stress disorder-related disabilities.

  • July 27, 2016

    DynCorp Wage Suit Belongs In Kuwait, 5th Circ. Says

    The Fifth Circuit on Tuesday rejected a former DynCorp employee’s attempt to revive a putative class action accusing the company of cheating him and others of overtime pay and benefits earned on a Kuwaiti logistics contract for the U.S. Army, ruling that his employment agreement called on any such litigation to happen in Kuwait.

  • July 26, 2016

    BMW Gets Class Fee Bid Reduced In Mini Cooper Engine Deal

    A New Jersey federal judge on Tuesday gave final approval to BMW's $30 million class settlement over allegedly defective Mini Cooper engines, also awarding the plaintiffs $2.1 million in attorneys' fees after the automaker argued that their $2.3 million fee bid was too high.

  • July 26, 2016

    9th Circ. Tosses Canon Antitrust Class Action

    The Ninth Circuit on Tuesday shuttered an electronics repair shop’s proposed antitrust class action alleging Canon is illegally stingy with independent service facilities, finding that California law doesn’t force the company to provide parts and other supplies for repairs.

  • July 26, 2016

    9th Circ. Won't Block Truck Driver Arbitration Ruling

    The Ninth Circuit declined on Tuesday to block a lower court from deciding whether a dispute between Swift Transportation Co. Inc. and a proposed class of truck drivers alleging they were misclassified as independent contractors must be arbitrated, rejecting the company’s bid to have a case management order vacated.

  • July 26, 2016

    Food Co. Workers' $2.9M Wage Suit Win Can't Trump Ch. 11

    A California federal judge ruled on Tuesday that workers who won $2.9 million in a wage-and-hour class action against a fruit and vegetable processing company must get in line with the company's other creditors in a subsequent Chapter 11 bankruptcy.

  • July 26, 2016

    State Street To Pay $530M In Foreign Exchange Fee Deal

    State Street Corp. said Tuesday it would pay $530 million to resolve federal and proposed class claims that it overcharged customers on foreign exchange transactions, resolving a long-running investigation into those practices.

Expert Analysis

  • 'Taking My Talents To South Beach': Law Firm Version

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    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Your 401(k) Plan: A Ticking Time Bomb Of Liability?

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    No one understands the concept and obligations of “fiduciary duty” better than legal professionals — and yet, many law firm partners and principals may be overlooking a significant source of liability in their practices, says Tom Zgainer, CEO and founder of America’s Best 401k.

  • Auto Dealers Need Another Route For Service Advisers

    Michael A. Hepburn

    The U.S. Supreme Court’s ruling in Navarro v. Encino Motorcars left overtime eligibility in limbo for 45,000 service advisers. Anticipating a final ruling on Navarro and the upcoming Fair Labor Standards Act salary changes for other dealership employees, dealers can prepare now to minimize liability for service advisers by evaluating compensation and hours for these essential team members, say attorneys at Sutherland Asbill & Brennan LLP.

  • More Challenges For Class Plaintiffs After Campbell-Ewald

    David J. Lender

    Six months after the U.S. Supreme Court's decision in Campbell-Ewald v. Gomez, lower courts have been divided on the key legal questions raised in the case. While some courts have refused to dismiss putative class actions, several district courts have reached a different conclusion and chose to deem cases moot, say attorneys at Weil Gotshal & Manges LLP.

  • The State Of Commercial Litigation Funding In Canada

    Lincoln Caylor

    Canadian courts have long had a framework for assessing third-party litigation funding agreements in class actions. However, if parties have been regularly relying on such funding in Canadian commercial disputes, it has gone unnoticed, say Lincoln Caylor and Ranjan Agarwal of Bennett Jones LLP.

  • One Month Later: Reflections On The Impact Of Spokeo

    Brandon N. Robinson

    Rather than busting open or shutting closed the door to privacy-related actions under the Fair Credit Reporting Act, the U.S. Supreme Court's opinion in Spokeo v. Robins struck a more nuanced approach, tightening up standing requirements to more clearly filter out frivolous lawsuits, while preserving Congress’ flexibility to address serious information-related harms in the future, say Brandon Robinson and Gregory Cook at Balch & Bingham LLP.

  • Spokeo's Impact On Data Breach Litigation

    Cinthia Granados Motley

    For the privacy litigation bar, a major issue is whether the U.S. Supreme Court's Spokeo decision changes the current landscape on what is sufficient actual or imminent injury in data breach cases, say Cinthia Granados Motley and Laurie Kamaiko of Sedgwick LLP.

  • The Perils Of EB-5 Class Action Litigation

    Tammy Fox-Isicoff

    The failure of several EB-5 regional centers and projects over the past year have spurred a rash of class actions. Unfortunately, many capable litigators are filing these suits without carefully assessing several important factors, such as who should be a member of the class, what the desired remedy should be, and whether members will have the same long- and short-term interests, says Tammy Fox-Isicoff at Rifkin & Fox-Isicoff PA.

  • 3 Ways To Handle Class Waivers In Employment Agreements

    Adam Rosenthal

    In reaching its decision in Lewis v. Epic Systems, the Seventh Circuit created considerable uncertainty about the future of class waivers in the employment context. Employers and their counsel must carefully weigh a variety of factors before deciding to adopt or amend an arbitration agreement that includes a class waiver, says Adam Rosenthal at Sheppard Mullin Richter & Hampton LLP.

  • A Look At Shareholder Remedies In Japan

    Dominic J. Auld

    Attorneys with Bleichmar Fonti & Auld LLP review recent legislative developments that make Japan an attractive forum for securities litigation, and identify certain hurdles that could derail collective action against Japanese issuers such as Mitsubishi.