Class Action

  • June 20, 2016

    Symantec Wins 9th Circ. False Ad Row Over Software Breach

    A Ninth Circuit panel tossed a putative class action claiming Symantec Corp. hid a Norton Antivirus software breach, agreeing in an unpublished opinion on Monday with the lower court that the plaintiff failed to identify how consumers were misled.

  • June 20, 2016

    Uber A Required Party To Rider's Price-Fixing Suit, Judge Finds

    A New York federal judge on Monday signed off on a request by the CEO of Uber to insert the ride-hailing company into a proposed class action over price-fixing allegations.

  • June 20, 2016

    Shareholders Lose Suit Over Glaucoma Drug Trial

    A New Jersey federal judge on Monday threw out a proposed shareholder class action claiming Aerie Pharmaceuticals Inc. misled investors about the potential of a new glaucoma treatment, saying the investors had taken the company's statements out of context.

  • June 20, 2016

    Bass Pro Loses 5th Circ. Bid to Escape Discrimination Suit

    Bass Pro Outdoor World Inc. lost its bid to dodge allegations from the U.S. Equal Employment Opportunity Commission of hiring discrimination against minorities in the Fifth Circuit on Friday, with a panel affirming the agency could seek damages while alleging a pattern of discrimination.

  • June 20, 2016

    Sony PS3 Settlement Covers Up To 10M Console Buyers

    Sony Interactive Entertainment America LLC has reached a settlement with a proposed class of 10 million purchasers of the Sony PlayStation 3, whose ability to run on other operating systems expired with a 2010 firmware update, according to California federal court records.

  • June 20, 2016

    Online Travel Cos. Beat Most Ill. Cities' Tax Claims

    An Illinois federal judge ruled Monday that online travel booking companies such as Expedia and can dodge claims for underpaid local hotel taxes from all but one of a group of 13 Illinois municipalities.

  • June 20, 2016

    $225M Auto Parts Price-Fixing Deal Gets Final Nod

    A Michigan federal judge on Monday gave final approval to a $225 million deal to settle claims by purchasers of auto parts in multidistrict litigation accusing a raft of companies of having a role in a conspiracy to rig prices on parts.

  • June 20, 2016

    High Court Punts On Auto Service Advisers OT Pay Case

    The U.S. Supreme Court punted Monday on whether car dealership service advisers are exempt from overtime under the Fair Labor Standards Act, issuing a limited ruling ordering the Ninth Circuit to reconsider the matter without taking into account U.S. Department of Labor regulations that the justices said were issued without adequate explanation.

  • June 17, 2016

    Char-Broil Settles Class Action Over Safety Of Grill Igniters

    Two consumers and Char-Broil LLC informed a Florida federal court Friday that they settled a putative class action by consumers who say Char-Broil grills had defective igniters that caused at least one explosion and many other unsafe situations.

  • June 17, 2016

    Riddell Must Face Youth Football Helmet Suit, Judge Says

    Riddell Inc. can't escape a proposed class action brought by a youth football league accusing the sports equipment company of misleading consumers about the concussion-reduction benefits of its youth helmets because the claims are plausible, a West Virginia federal judge said Friday.

  • June 17, 2016

    Union Scores 'Major Victory' As Judge Trims Airline Pilots Row

    A California federal court Thursday trimmed a proposed class action brought by American Eagle pilots who claim their union treated Trans World Airlines pilots preferentially after American Airlines’ acquisition of TWA, a ruling the union hailed as a major victory.

  • June 17, 2016

    Investors Seek Nod For $35M HSBC Deal In Yen Libor Suit

    HSBC struck a $35 million settlement with investors in a proposed class action alleging the bank fixed yen-denominated Libor rates, in the second monetary deal reached this year with a major bank in the New York federal action over the alleged rate manipulation.

  • June 17, 2016

    NJ Transit Settles Workers' Racial Bias Suit For $3.65M

    New Jersey Transit has agreed to pay $3.65 million to settle a putative class action accusing the public transportation agency of allowing widespread racial discrimination in promotions, pay and discipline, the plaintiffs’ attorney said on Friday.

  • June 16, 2016

    Harlequin Romance Novelists Seek OK Of $4.1M Royalty Deal

    Harlequin Enterprises Ltd. will pay $4.1 million to resolve a class action claiming the romance novel publisher cheated some of its authors out of e-book royalties, after the Second Circuit partially revived the suit, according to a Thursday filing in New York federal court.

  • June 16, 2016

    High Court Stays Out Of Spat Over Wage Action Arbatrability

    The U.S. Supreme Court declined Thursday to get involved with a Fifth Circuit ruling from March that held a broadly worded arbitration agreement allowed the arbitrator to decide whether a group of employees alleging unpaid overtime can bring class and collective actions under their agreement.

  • June 16, 2016

    HSBC Inks $1.6B Deal To End 14-Year Investor Class Row

    Hours before the kickoff of a second trial in the case, HSBC Holdings PLC said Thursday it had reached a $1.575 billion deal to resolve a securities class action over alleged fraudulent lending practices, signaling an end to 14 years of litigation that included a $2.4 billion judgment vacated by the Seventh Circuit last year.

  • June 16, 2016

    Shareholders Lose Class Status Again In Statoil Fight

    A Texas appellate court on Tuesday once again decertified a class of Brigham Exploration Co. shareholders who allege the company was undervalued in its $4.4 billion acquisition by Statoil ASA, saying the class had been improperly defined.

  • June 15, 2016

    Key Fixodent MDL Experts Properly Nixed, 11th Circ. Rules

    The Eleventh Circuit on Wednesday upheld a Florida federal court's decision to throw out the plaintiffs' key expert testimony in multidistrict litigation against Procter & Gamble Co. and Wal-Mart Stores Inc. claiming that zinc in Fixodent denture glue can cause neurological damage, a ruling that doomed the litigation.

  • June 15, 2016

    Covisint's $8M Investor Deal Notice Deficient, Judge Rules

    A New York federal judge on Wednesday rejected a proposed notice informing Covisint Corp. shareholders of an $8 million settlement in a class action alleging that the cloud-based endeavor’s initial public offering documents were misleading.

  • June 15, 2016

    Uber Reaches $7.5M Deal Over Driver Background Checks

    Uber Technologies Inc. has agreed to pay $7.5 million to end proposed class actions accusing the ride-hailing company of violating the Fair Credit Reporting Act by using background checks without applicants’ knowledge or authorization to make hiring decisions, according to documents filed Wednesday in California federal court.

Expert Analysis

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • Spotlight On Spokeo: Ruling Represents Win For Businesses

    Joseph W. Jacquot

    Regardless of how the Ninth Circuit handles the remanded case, the U.S. Supreme Court’s decision in Spokeo v. Robins places new safeguards against baseless and costly class actions, and will prevent the federal courts from being used by plaintiffs lawyers for actions more appropriately left to the discretion of government enforcers, says Joseph Jacquot, a partner with Foley & Lardner and former deputy attorney general of Florida.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • 'Happy Birthday': Journey To The Public Domain

    Tamara Kurtzman

    With a landmark class action settlement scheduled to be approved next month, the iconic song that has ushered in birthdays of everyone from royalty and presidents to citizens and children alike will — for the first time in over 100 years — undisputedly fall in the public domain. The return of “Happy Birthday to You” to the public domain is unquestionably a resounding victory against ever-increasing false copyright claims, says Tama... (continued)

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • The Back-End Of E-Discovery

    Steve Wilson

    Despite the obvious need for effective e-discovery, many firms still rely on outdated, inefficient methods, such as paying hourly paralegals to conduct manual reviews of case-related electronically stored information. This approach can turn e-discovery into a lengthy, expensive and error-prone process. There are four things firms should look for in an e-discovery solution, says Steve Wilson, vice president of product design at Accusoft.