Class Action

  • September 4, 2014

    Darden Restaurants Gets 218,000-Member Class Decertified

    A Florida federal judge has decertified a collective action made up of more than 218,000 servers and bartenders who work for a number of restaurants owned by Darden Restaurants Inc. and accuse the company of requiring them to work off the clock, saying the case doesn’t involve uniform treatment.

  • September 4, 2014

    Uber Gets Claims Trimmed From Drivers' Suit Over Tips

    A California federal judge on Thursday trimmed claims from Uber Technologies Inc. drivers' putative class action alleging the car service tricks passengers into paying a 20 percent tip that isn't fully paid to drivers, saying Uber made the alleged misrepresentations before the drivers had established their economic relationships with Uber customers.

  • September 4, 2014

    Deepwater Horizon Ruling Places $18B Bull's-Eye On BP

    The gross negligence finding imposed on BP Exploration and Production Inc. for its role in the Deepwater Horizon disaster is a worst-case scenario for the energy giant, experts say, putting BP on the hook for up to $18 billion in Clean Water Act penalties and leaving open the possibility of billions more in punitive damages.

  • September 4, 2014

    Loestrin Pay-For-Delay Case Can’t Survive Actavis, Judge Says

    A Rhode Island federal judge tossed all claims in multidistrict litigation that Warner Chilcott PLC and two others entered illegal agreements to delay generic versions of Loestrin, saying his decision "was not an easy one" but the deals didn't include cash payments as specified in the U.S. Supreme Court's Actavis ruling.

  • September 4, 2014

    Halliburton Sanctioned For Destroying Deepwater Evidence

    A Louisiana federal judge sanctioned Halliburton Co. for destroying evidence related to the 2010 Deepwater Horizon disaster amid a rash of decisions entered after the first phase of the trial on Thursday.

  • September 4, 2014

    Sign Maker Can’t Skirt TCPA Insurance Coverage Row

    An Illinois federal judge refused Wednesday to drop sign manufacturer G.M. Sign Inc. from Selective Insurance Co.’s suit seeking a declaration it needn’t cover G.M’s claims against an auto dealer supplier in an underlying nationwide Telephone Consumer Protection Act class action, finding G.M. prematurely argued the case’s merits. 

  • September 4, 2014

    Top NY Court Rejects Forest Lab Bid For Coverage From RSUI

    New York's top court on Thursday turned aside a bid by Forest Laboratories Inc. to force excess insurer RSUI Indemnity Co. to help fund a $65 million securities class action settlement over concealed drug safety information, upholding lower courts' findings that other insurers didn't exhaust their policies first.

  • September 4, 2014

    Rakoff Refuses To Revive Paris Baguette Receipt Suit

    U.S. District Judge Jed S. Rakoff has refused to revisit a decision to throw out a proposed class action accusing Paris Baguette America Inc. of putting consumers' credit card expiration dates on receipts, saying the inclusion of the numbers was “merely careless.”

  • September 4, 2014

    Time Warner Pays $1M To Settle Sales Rep Wage Row

    A unit of Time Warner Cable Inc. will pay up to $995,000 to settle a collective action accusing the company of failing to pay overtime to telesales representatives, according to an agreement filed Wednesday in South Carolina federal court.

  • September 4, 2014

    Judge Greenlights Realtor Group's $3.3M Antitrust Deal

    A Michigan federal judge on Thursday signed off on a $3.3 million settlement to end an antitrust class action accusing real estate association Realcomp II Ltd. of instituting policies that restricted certain types of listings and caused brokerage fees in the the state to remain artificially high.

  • September 4, 2014

    Forest Asks 1st Circ. To End Lexapro Marketing Class Action

    Forest Laboratories Inc. asked the First Circuit on Tuesday to throw out a putative class action accusing the company of illegally promoting use of the antidepressant Lexapro by adolescents, saying the claims are barred by California’s safe harbor provision and preempted by federal law.

  • September 4, 2014

    United Wins Dismissal Of Mileage Program Suit

    A New Jersey federal judge on Wednesday tossed a putative class action accusing United Airlines Inc.’s parent company of manipulating rates for frequent-flyer program benefits to extract extra payments from loyal customers, saying the claims were either preempted by the Airline Deregulation Act or failed to state a claim.

  • September 4, 2014

    BP Found Grossly Negligent In Deepwater Spill

    A federal judge on Thursday said BP Exploration and Production Inc. acted with gross negligence in the deadly Deepwater Horizon disaster that spewed millions of barrels of oil into the Gulf of Mexico, opening the energy giant up to billions of dollars in potential penalties.

  • September 3, 2014

    WellPoint Subscribers, Providers Denied Cert. In Rates MDL

    A California federal judge on Wednesday refused to certify six classes in a multidistrict litigation brought against WellPoint Inc. and its insurer subsidiaries for allegedly failing to properly reimburse insurance subscribers and health care providers for covered out-of-network services, calling commonality a "major hurdle" for certification.

  • September 3, 2014

    IBM Workers' OT Class Bid Denied Amid Criticism Of Survey

    A California federal judge refused Wednesday to certify a class of IBM Corp. workers who serviced Kaiser Permanente's health information systems, saying that a survey designed by plaintiffs' counsel lacked “basic indicators of reliability” and that resolving the case would require too much individual inquiry.

  • September 3, 2014

    State Farm Freed From Covering $5M Junk Fax Suit In Ill.

    An Illinois appeals court on Tuesday revised and reissued a ruling that State Farm Fire and Casualty Co. had no duty to defend its policyholder against a $4.9 million junk fax class action, saying a Telephone Consumer Protection Act exclusion barred coverage for all of the underlying claims.

  • September 3, 2014

    9th Circ. Won't Nix Allstate Adjusters' OT Class Cert.

    The Ninth Circuit on Wednesday refused to overturn a California federal judge's order certifying a class of roughly 800 claims adjusters who allege that Allstate Insurance Co. denied them overtime pay, ruling the class met the commonality requirement needed for certification.

  • September 2, 2014

    9th Circ. Won't Revive Yelp Extortion Class Action

    The Ninth Circuit on Tuesday rejected attempts to revive a proposed class action accusing Yelp Inc. of extorting advertising money from small businesses by manipulating and fabricating reviews, ruling Yelp was allowed to remove or rearrange positive reviews.

  • September 2, 2014

    4 Lessons From Carlyle's 7-Year Collusion Case

    Carlyle Group LP made a surprise change of course Friday and moved with its attorneys Latham & Watkins LLP to settle a proposed class action that had threatened a long, messy trial, bringing an end to the nearly seven-year collusion suit that ensnared many of the biggest U.S. private equity firms, roped in dozens of top law firms and left many lessons to be learned from the long road. Here, Law360 takes a look at some of the takeaways.

  • September 2, 2014

    Pfizer Ducks Zoloft False-Ad Claims In Calif.

    Pfizer Inc. on Friday defeated for the second time allegations that it greatly exaggerated the efficacy of its antidepressant Zoloft, when a federal judge in California ruled the proposed class action claims are time-barred and dismissed the suit with prejudice.

Expert Analysis

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Spoiling To Get Out Of Spoliation Sanctions? Here's How

    Glen A. Kopp

    Recent sanctions levied in the putative class action Osberg v. Foot Locker Inc. serve as a potent reminder that adhering to data and document preservation requirements is imperative to avoiding spoliation sanctions, say Glen Kopp and Matthew Baker of Bracewell & Giuliani LLP.

  • Dukes May Have Doomed Toxic Tort Class Certification

    Peter E. Seley

    Heightened focus on commonality and the other Rule 23 prerequisites post-Dukes has been a tremendous hurdle for toxic tort class action plaintiffs as courts reject classes based on the individual nature of exposure, causation and damages and the insufficiency of expert testimony, say attorneys at Gibson Dunn & Crutcher LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • Does 'Consent' Survive Cellphone Number Recycling?

    Perrie M. Weiner

    The new Twitter case in the Northern District of California raises interesting issues regarding the Telephone Consumer Protection Act’s concepts of “consent” and “called party” that have not yet been finally determined by either the courts or the Federal Communications Commission, say attorneys with DLA Piper LLP.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.

  • High Stakes In Play With Rule 68 Decisions

    David Carpenter

    This week, the Eleventh Circuit will hear appeals in two Telephone Consumer Protection Act cases centered on whether a Rule 68 offer of judgment can completely moot a class action. While the court may follow suit and adopt either the Seventh Circuit or Ninth Circuit rule, the door is open for a decision that changes the class action landscape, say David Carpenter and James Cash of Alston & Bird LLP.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.