Class Action

  • June 24, 2014

    Texas Appeals Court Affirms Class Cert. Against Life Partners

    A Texas appeals court refused to overturn class certification Monday in a suit alleging Life Partners Inc. breached its contract and fiduciary duty by withholding overpayments made on life settlements when the insured died early, affirming a district court's decision.

  • June 24, 2014

    Capital One Again Fails To Ditch Overdraft Fee Class Action

    A Florida federal judge on Monday found for the third time that national banking regulations don’t protect Capital One NA from a class action over allegedly illegal overdraft fee practices, saying a recent Ninth Circuit preemption decision does not thwart the account holders’ state law claims.

  • June 24, 2014

    NY Hospital Can't Duck Fraud, Other Claims In Tax Dispute

    A New York federal judge on Monday refused to toss two class complaints alleging New York-Presbyterian Hospital bargained away former medical residents' rights to Federal Insurance Contributions Act tax refunds in an Internal Revenue Service settlement, saying most of the claims are adequately pled.

  • June 24, 2014

    Wal-Mart Heart Supplement Class Action Stops Beating

    Wal-Mart Inc. on Monday evaded a false advertising class action targeting allegedly misleadingly labels on its Equate brand heart health supplements when a California federal judge found no enforceable standard against which to measure the product’s marketing claims.

  • June 23, 2014

    Investors Can Add Eurodollar Claims To Libor Rigging Suit

    A New York federal judge on Monday allowed investors to add claims that Barclays PLC and Rabobank’s day-to-day trading in the Eurodollar futures market manipulated Libor, part of multidistrict litigation against top banks for their role in the rate-rigging scandal.

  • June 23, 2014

    Calif. High Court Ruling A Nail In DR Horton's Coffin

    The California Supreme Court drove another nail into the coffin of the National Labor Relations Board's controversial D.R. Horton ruling Monday, putting a notch in the win column for employers in the nationwide battle over the validity of mandatory arbitration agreements in which workers waive their rights to pursue class claims, lawyers say.

  • June 23, 2014

    NJ Court Won't Revive TCPA Class Action, $15M Settlement

    A New Jersey appeals court on Monday refused to resurrect a Telephone Consumer Protection Act class action against Westfield Rental Mart Inc., finding that the defendant’s insurer was properly allowed to intervene in the case to derail a nearly $15 million settlement.

  • June 23, 2014

    High Court Sends Securities Class Actions Back To Basic(s)

    The Supreme Court on Monday declined to upend Basic v. Levinson, the bedrock of securities class actions, instead breathing new life into it by giving defendants a clear chance to rebut its central provision earlier on and rebalancing the scales of litigation in order to protect “tenable” investor claims.

  • June 23, 2014

    Unanimous Halliburton Decision Belies Dogmatic Discord

    Though the U.S. Supreme Court on Monday unanimously decided to give defendants room to challenge securities fraud class actions, experts say that it's clear a significant segment of the bench cast their votes in begrudging fashion.

  • June 23, 2014

    9th Circ. Allows Nordstrom, Bloomingdale's Arbitration Pacts

    The Ninth Circuit on Monday upheld arbitration agreements used by Bloomingdale's Inc. and Nordstrom Inc. that contained provisions requiring employees to waive their rights to bring class actions alleging overtime and other employment law violations.

  • June 23, 2014

    Judge Axes Tommy Hilfiger's $1.8M Worker Payroll Deal

    A California federal judge refused to approve a $1.85 million settlement in a class action accusing Tommy Hilfiger Retail LLC and parent company PVH Corp. of violating state labor code by using a fee-saddled payroll program to compensate employees, finding Friday that the settlement structure might not be in the class’s best interest.

  • June 23, 2014

    University of Miami Hospital Gets Wage Suit Trimmed

    A Florida federal judge on Monday trimmed a putative class action accusing the University of Miami Hospital of underpaying employees, ruling that the plaintiff included almost no details about an implied contract he alleged the university breached.

  • June 23, 2014

    Ford Dodges Fraud Claim In Defective Engine Row

    A Pennsylvania federal judge on Friday pared claims in a putative class action alleging certain Ford Motor Co. vehicles come equipped with a defective engine that leads to an array of problems including sudden deceleration and loss of power, tossing a fraud claim but keeping the breach of warranty claims in play.

  • June 23, 2014

    Calif. High Court OKs Class Waivers, Except For PAGA

    The California Supreme Court ruled Monday that arbitration agreements with mandatory class waivers are generally enforceable in light of the landmark Concepcion ruling from the nation's highest court, but carved out an exception by stating that Private Attorneys General Act claims can't be waived.

  • June 20, 2014

    9th Circ. Revives UPS Overcharging Row, Cites Choice Of Law

    The Ninth Circuit revived customers' proposed class action alleging United Parcel Service Inc. charges more-expensive air delivery rates for packages actually transported by ground, holding Friday that the lower court erred by ruling on the merits of UPS’ dismissal motions without first making a choice-of-law finding.

  • June 20, 2014

    Sutter Monopoly Suit Fails To Nail Down Geographic Market

    A California federal judge on Friday threw out a putative class action accusing Sutter Health of conspiring to monopolize medical services in Northern California, ruling that the plaintiffs failed to show that a proposed geographic market Sutter supposedly controls was plausible.

  • June 20, 2014

    BMW Dodges Water Damage Safety Risk Class Action

    A California federal judge on Thursday tossed a putative class action accusing BMW of North America LLC of concealing design defects in its X5, X3 and 5 series vehicles that allegedly cause trunk leaks and electrical problems, saying the class must amend its negligence, warranty and state law claims to keep the suit in play.

  • June 20, 2014

    State Farm Can't Nix Coverage Claim Over $9M TCPA Award

    An Illinois appellate court has allowed the plaintiff in a junk fax class action another shot at suing State Farm Fire and Casualty Co. for coverage on an $8.9 million judgment it won, even though it found that the plaintiff improperly delayed service of its original complaint, according to an opinion published Thursday.

  • June 20, 2014

    Martha Stewart, HSN Beat Chinese Cutlery Action

    A California federal judge on Friday cleared celebrity chef Emeril Lagasse, Martha Stewart Living Omnimedia Inc. and the Home Shopping Network of class claims that they misled consumers into believing that shoddy Chinese-made knives came from a German town famous for cutlery, citing a dearth of particulars in the complaint.

  • June 20, 2014

    Avis Settles Managers' OT Class Action, Fla. Judge Says

    A Florida federal judge on Friday closed a case between Avis Budget Car Rental LLC and shift managers allegedly given short shrift on overtime pay, saying the court received notice from both sides that a settlement agreement has been reached.

Expert Analysis

  • Post-LIBOR Puffery, Loss Causation And 20(a) Liability

    Andrew J. Ehrlich

    The Second Circuit's recent Carpenters Pension decision may provide comfort to companies subject to SEC reporting requirements that general statements about risk management, the integrity of a company and its policies, or the presence of internal controls are insufficiently specific as a matter of law to establish a material misstatement in the circumstance where a company admits misconduct about a particular matter. The impact of ... (continued)

  • Can Bankrupt Law Firms Claw Back 'Unfinished Biz' Profits?

    Lauren Friend McKelvey

    On June 4, the New York Court of Appeals will hear arguments arising from the Thelen LLP and Coudert Brothers LLP bankruptcies as to whether former partners of bankrupt law firms must turn over profits earned after the bankrupt firms’ dissolution on billable-hour client matters they brought to their new firms. While the decision will only be binding precedent in New York, it will likely be cited by the prevailing side as persuasive... (continued)

  • Advice From Counsel: The Emerging E-Discovery Playbook

    Mike Kinnaman

    E-discovery is increasingly considered its own specialty area and most corporations today have a dedicated manager or team working on greater efficiency, transparency and cost predictability. However, challenges remain, and in a recent study 30 Fortune 1,000 companies cited growing data volume, data mapping and cross-practice collaboration as their three biggest e-discovery concerns, says Mike Kinnaman of FTI Consulting Inc.

  • Looks Like Price-Fixing Among Class Action Plaintiffs Firms

    Joseph Ostoyich

    Defendants almost uniformly require up-front budget proposals and routinely require law firms to bid to represent them. But absent class members get less competitive results. It's a common practice — rather than bid down the price of their services to the absent class members, firms refuse to bid against each other and instead offer their customers a single, agreed-upon price. It is an outcome that seems ironic, at best, in a price... (continued)

  • New Fla. Data Breach Law Presages Greater Enforcement

    Gary P. Timin

    The expansion of data breach protections under the Florida Information Protection Act has been met with a barrage of political and media coverage at a time of ongoing disclosures of large data breaches from both private businesses and public institutions. These factors portend greater enforcement of data-breach notice requirements, data security obligations and the disposal of "unneeded" customer records in Florida, say Gary Timin ... (continued)

  • And Now A Word From The Panel: What's Good For America?

    Alan Rothman

    To paraphrase Charles Erwin Wilson, former Secretary of Defense and chairman of GM, is what’s good for General Motors good for America? Should practitioners be less revved up to seek an MDL when the defendant is the U.S. government rather than a private litigant? As the Judicial Panel on Multidistrict Litigation speeds into the Windy City for this month’s hearing, it will consider a group of cases filed against the United States, s... (continued)

  • Will Earthquakes Shake Up The Shale Wastewater Debate?

    Mark Fitzsimmons

    Increases in seismic activity across areas coinciding with oil and gas activities have brought added attention to hydraulic fracturing. However, the challenge for plaintiffs in earthquake cases is that the alleged damages have been relatively modest, though if class certification is granted in Finn v. EOG Resources Inc. that could change the nature of these cases significantly, say Mark Fitzsimmons of Steptoe & Johnson LLP and Samu... (continued)

  • Retailers Benefit From Jurisdiction, Abstention Defenses

    Scott M. Pearson

    In a blow to the plaintiffs' bar, the California Supreme Court recently weakened two state consumer protection statutes in Loeffler v. Target Corp., holding neither may be used by consumers to challenge sales tax reimbursement charges. Loeffler’s application of the primary jurisdiction and abstention defenses to Consumers Legal Remedies Act claims is a welcome development for defendants in consumer class actions, say Scott Pearson ... (continued)

  • VIDEO: A Primer On Halliburton V. Erica P. John Fund

    Thomas A. Dubbs

    This June, the U.S. Supreme Court will issue its opinion on Halliburton Co. v. Erica P. John Fund, a decision that may shape securities litigation for generations. Labaton Sucharow LLP partners Thomas Dubbs, who attended the March 5 oral arguments, and Christopher McDonald offer in this segment a plaintiffs bar perspective on the main points of the case, as well as what’s at stake for securities class actions.

  • 3 Missed Takeaways From The Sony Data Breach Case

    Joshua Mooney

    Plenty has been written about the New York trial court's holding that Sony Corporation was not entitled to insurance coverage under general liability policies for the multitude of data breach lawsuits filed against it in connection with the Sony PlayStation data breach. However, comparably little attention has been given to the decision's other holdings, which could have a broader and more long-lasting impact on privacy litigation,... (continued)