Class Action

  • August 7, 2015

    Estee Lauder Creams Class Action Over Anti-Aging Claims

    Estee Lauder Cos. Inc. on Friday nixed a putative class action claim brought by consumers alleging the beauty company overhyped the anti-aging properties of its skin creams, with a New York federal judge finding that the named plaintiff waited too long to notify the company about her problem.

  • August 7, 2015

    FedEx's $228M Driver Wage Deal Stalled By Release Worries

    A California federal judge on Thursday postponed ruling on FedEx Corp.'s $228 million proposed settlement with California FedEx Ground drivers who say the company misclassified them as independent contractors, shorting their wages and benefits, saying he's concerned about asking plaintiffs to release their break claims.

  • August 7, 2015

    State Exam For NYC Teachers Called Flawed, Not Biased

    A New York federal judge ruled Friday that a state certification exam for teachers administered by the New York City Board of Education does not violate the civil rights of black or Hispanic applicants because the test, although flawed in certain respects, is demonstrably related to the job of teaching to certain standards.

  • August 7, 2015

    Urban Outfitters Ducks Out Of Visa, MasterCard Fee Suit

    Urban Outfitters Inc. agreed Friday to settle its claims against Visa Inc. and MasterCard Inc. as part of multidistrict antitrust litigation over the credit card companies’ interchange fees, according to a filing in New York federal court.

  • August 7, 2015

    Neustar Inks $2.6M Deal To End Investors' FCC Contract Row

    Neustar Inc. reached a $2.6 million deal with investors Thursday, ending their attempt to revive class claims that Neustar higher-ups misled shareholders about a fumbled bid for a lucrative Federal Communications Commission contract.

  • August 7, 2015

    OSG Investors Pitch $16M Settlement In Securities Action

    Stichting Pensioenfonds DSM Nederland and other Overseas Shipholding Group Inc. investors, who accuse a slew of accounting, financial industry and executive-suite defendants of failing to disclose tax liabilities tied to the formerly bankrupt tanker company, pitched a partial class action settlement to a Manhattan federal judge on Thursday.

  • August 6, 2015

    Judge Won't Swallow Frito-Lay Wage Class Action Deal

    A California magistrate judge on Wednesday shot down Frito-Lay Inc.’s proposed $600,000 settlement of a putative wage and overtime class action brought by maintenance mechanics, holding that the plaintiffs’ broad claims don’t offer enough evidence to support class certification and fairness rulings.

  • August 6, 2015

    9th Circ. Sends 5 Merck Diabetes Drug Suits To State Court

    The Ninth Circuit sent back to California state court Thursday, five lawsuits over an alleged link between pancreatic cancer and Merck Sharp & Dohme Corp.'s diabetes drugs, reversing a district judge's finding that the suits were a de facto mass action.

  • August 5, 2015

    Stripper OT Class Wins Cert. After Calif. Appellate Victory

    A California judge Wednesday certified a class of hundreds of exotic dancers challenging a strip club’s claims that they’re independent contractors, after a state appeals court requested re-evaluation under the California Supreme Court’s Ayala decision holding that workers with common job controls can be certified.

  • August 5, 2015

    AmEx Ruling Prompts Questions On $7B Interchange Fee Deal

    A judge revealed details Tuesday about the improper communications between a lead plaintiffs' attorney in an antitrust class action against American Express Co. and a MasterCard Inc. lawyer, leading to questions about whether that misconduct threatens a related $7.25 billion settlement with MasterCard Inc. and Visa Inc. that the pair worked on.

  • August 4, 2015

    Philly Court Proves Its Mettle Crafting Nationwide Yaz Deal

    A Pennsylvania state judge's key role shepherding an overnight negotiation that resulted in Monday's nearly $60 million nationwide settlement ending claims against Bayer Corp. over alleged heart attacks and strokes caused by Yaz, Yasmin and Ocella birth control pills highlights the Philadelphia County court's prowess in handling complex mass tort litigation.

  • August 4, 2015

    Libor Judge Calls Out Forex Judge On Antitrust Logic

    The judge overseeing sprawling multidistrict litigation over Libor manipulation took a few pages out of her latest order to defend her 2013 dismissal of all the antitrust claims from the case following criticism from a fellow Manhattan federal judge involved in a similar dispute over foreign exchange rate-fixing.

  • August 4, 2015

    Judge Trims Class Action Over Roofing Shingle Defects

    An Illinois federal court has trimmed a proposed class action against Tamko Building Products Inc. over fiberglass roofing shingles that allegedly contain design problems that causes them to crack and fall apart well before the products' 30-year warranty period ends.

  • August 4, 2015

    BP Unit Wins Class Cert. Evidence In Solar Panel Row

    A California federal judge on Tuesday ordered a proposed putative class to cough up information to a BP LLC unit that will bolster their certification bid in a suit claiming BP sold them faulty solar panels, saying BP has a right to those documents before the plaintiffs move for certification.

  • August 4, 2015

    2nd Circ. Jumpstarts Truckers' Challenge To NY Road Tolls

    The Second Circuit on Tuesday revived truckers' proposed class action claiming the New York Thruway Authority charges unconstitutionally excessive tolls, ruling the state of New York did not have to be included as a defendant to have its interests represented in the suit.

  • August 4, 2015

    HomeTown Buffet Serves Up $2M Deal In Wage Dispute

    HomeTown Buffet and Old Country Buffet will fork over $2 million to settle a proposed California class action brought by workers who claim the restaurants failed to provide breaks or reimburse employees for gas mileage, according to a Monday federal court filing.

  • August 4, 2015

    Delta Sanctioned $3M For ‘Ineptitude’ In Bag Fee MDL

    Delta Air Lines Inc. was ordered Monday to pay $2.7 million in fees for its “ineptitude and missteps” in withholding documents from plaintiffs in a baggage fee-fixing multidistrict litigation, when a Georgia federal judge increased a special master’s recommended sanction over 45 percent.

  • August 4, 2015

    Health Drink Maker Inks $1.35M Deal To Exit False Ad Suit

    A drink manufacturer accused in a class action of falsely claiming that its products can improve joint health has agreed to a $1.35 million cash settlement, according to a motion for preliminary approval of the deal filed in California federal court on Monday.

  • August 4, 2015

    PetroChina Dodges Class Action Over Corruption Claims

    A New York federal judge on Monday threw out a securities class action lawsuit against PetroChina Co. Ltd. that accuses it of failing to disclose corruption at the Chinese oil and gas company, finding the plaintiff-investors failed to establish that company reports contained falsities when they were released.

  • August 4, 2015

    Judge Won't Fully Toss Riddell Helmet Concussion Suit

    A New Jersey federal judge on Monday refused to dismiss a number of claims in a false advertising putative class action over the safety of football helmets made by Riddell Inc., saying the amended complaint cured many of the issues identified in the case previously.

Expert Analysis

  • Can Consumer Privacy Slow The Rise Of TCPA Class Actions?

    Heather Cantua

    Given recent case law, perhaps some courts are placing a higher value on customer privacy than on runaway Telephone Consumer Protection Act class actions. Regardless, if phone carriers continue to succeed in withholding customer information, then the impact on plaintiff efforts to ascertain and certify TCPA cellphone classes could be significant, say attorneys at Reed Smith LLP.

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)

  • Coupon Sales Tax Rules Create Thorny Compliance Problems

    Adam P. Beckerink

    The crux of the issue in Wong v. Whole Foods Market Group Inc. and similar cases around the country is whether, when a customer uses a coupon, sales tax should be collected on the full retail price or the discounted price. The 44 states, plus the District of Columbia, that levy sales taxes deal with this issue differently, resulting in a Herculean compliance task for multistate businesses, say attorneys with Reed Smith LLP.

  • Madden Has Far-Reaching Implications For Loan Investors

    Scott A. Cammarn

    The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • Uniforms And Unpaid Interns And Minimum Wage! Oh, My!

    Michael J. Puma

    Three hot topics in wage-and-hour law for employers today are uniform policies, unpaid internships and minimum wage requirements. With pressure from media coverage, political and social justice organizations and plaintiffs’ counsel, employers should adopt certain best practices to avoid liability and reduce the risk of class action litigation, say attorneys at Morgan Lewis & Bockius LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.

  • 9 Reasons Class Counsel Get Their Fee Requests Denied

    Peter E. Masaitis

    What do Scrooge McDuck, Montgomery Burns and plaintiff class action attorneys have in common? They can sometimes be a tad greedy. When counsel appear to be putting their own interest in collecting a large fee award in front of the interests of class members, courts are likely to say try again. Several recent examples highlight the top reasons why courts are likely to reject a proposed settlement, says Peter Masaitis of Alston & Bird LLP.

  • 11th Circ. Doesn't Corral Small-Dollar Class Actions

    E. Colin Thompson

    The Eleventh Circuit's unpublished, nonbinding decision in Karhu v. Vital Pharmaceuticals Inc. provides defendants more ammo in challenging the certification of classes of purchasers of small-dollar products and services, but it will not necessarily discourage the filing of such actions in the circuit, says Colin Thompson of DLA Piper LLP.