Class Action

  • October 27, 2014

    11th Circ. Releases FriendFinder From IPO Class Action

    The Eleventh Circuit on Friday upheld the dismissal of a proposed securities class action that accused FriendFinder Networks Inc. executives of selling their shares contrary to an initial public offering's 180-day lockup agreement, echoing the Florida trial court's motion that the plaintiffs lack standing.

  • October 24, 2014

    Toshiba, Others OK'd For $12M DRAM Deals In Ontario Court

    An Ontario court has granted final approval to roughly $12.2 million in settlements from Toshiba Corp., Infineon Technologies Corp. and two other companies in class actions over an alleged conspiracy to price-fix dynamic random access memory devices, pushing the total recovery to $79.5 million.

  • October 24, 2014

    Fannie Mae Pays $170M To Clear Investors' Subprime Suit

    Fannie Mae has agreed to pay $170 million to shareholders to settle a consolidated class action alleging the federal mortgage giant misrepresented its exposure to subprime loans in the runup to the 2008 mortgage crisis, according to documents filed in New York federal court Friday.

  • October 24, 2014

    JPMorgan Derivative Suit Over RMBS Practices Gets Quashed

    A California federal judge on Thursday dismissed a shareholder derivative lawsuit against the top brass at JPMorgan Chase & Co. over the bank’s residential mortgage-backed securities business that led to a $13 billion settlement with the government, saying the plaintiffs haven’t properly pled claims of false statements and self-dealing.

  • October 24, 2014

    1st Circ. Says CVS Properly Removed Wage Row

    The First Circuit on Friday reversed the remand of a putative wage class action against CVS Pharmacy Inc., saying CVS’ removal shouldn’t have been nixed for being filed past the 30-day deadline outlined in the Class Action Fairness Act, since the act includes exceptions when a suit’s damages can be readily calculated.

  • October 24, 2014

    Bankrupt Olive Oil Co.'s Owners Dodge False Labeling Suit

    A New York federal judge on Friday threw out a class action targeting the owners of bankrupt Kangadis Food Inc. personally for the company’s alleged misleading claims about the purity of its olive oil, citing a lack of evidence linking the Kangadis family to the alleged fraud.

  • October 24, 2014

    Calif. Appeals Court Revives Farmers 'Good Driver' Suit

    A California appeals court on Thursday revived a class action claiming Farmers Insurance Exchange violated unfair competition law by providing “good driver discounts” to eligible drivers, finding a lower court incorrectly interpreted an earlier remand to mean it could only consider dismissal instead of additional evidence.

  • October 24, 2014

    Jury Awards Costco $37M In LCD Price-Fixing Trial

    A Washington federal jury on Thursday awarded Costco Wholesale Corp. about $37 million after finding that AU Optronics Corp. and dozens of other electronics companies fixed the price of liquid crystal display panels, tasking just six LCD makers with footing the damages bill.

  • October 23, 2014

    Health Software Co. Escapes Class Claim Via 'Safe Harbor'

    A California federal judge this week tossed a shareholder class action against a health records software provider and its high-ranking directors and officers after finding that their optimistic projections about the future of electronic medical records fell under the safe harbor provision of the Private Securities Litigation Reform Act.

  • October 23, 2014

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

  • October 23, 2014

    Chevron Pays $4M To End Refinery Wage Fight

    Chevron USA Inc. on Thursday won approval from a California judge for its $4.2 million settlement of class claims that it stiffed almost 1,400 current and former oil refinery employees by not paying wages for time spent on required pre- and post-shift meetings.

  • October 23, 2014

    'Kobe' Beef Off Menu As Calif. Chain Settles False Ad Suit

    Owners of the Barney's Beanery restaurant chain officially settled a putative class action alleging they falsely advertised menu items as containing Kobe beef when a California judge approved a deal Thursday requiring the chain to correct its menus and issue gift certificates to thousands of affected customers.

  • October 23, 2014

    NY Top Court Urges SimplexGrinnell Wage Recovery

    The New York Court of Appeals on Thursday advised the Second Circuit they should not give the Department of Labor deference in deciding whether SimplexGrinnell LP government contractors may pursue claims of past underpayment, and should read the relevant statute as requiring prevailing wages for all the contractors’ work.

  • October 23, 2014

    Walgreen Workers' Attys Blasted For 'Form Declarations'

    The California Court of Appeal refused Thursday to revive a putative class action accusing The Walgreen Co. of not giving employees meal breaks, after dozens of witnesses recanted mostly identical declarations overseen by the plaintiff's lawyers, raising questions about how the documents were prepared.

  • October 23, 2014

    Whirlpool Can't Get Moldy Washer Claims Ruled Time-Barred

    Whirlpool Corp. failed Wednesday to persuade an Ohio federal judge to dismiss as time-barred the claims made by one of the named plaintiffs in the ongoing class action trial over an alleged mold-related washer defect, when the judge found that reasonable jurors could still disagree on the issue.

  • October 23, 2014

    7th Circ. Won't Resurrect Redbox Video Privacy Class Action

    The Seventh Circuit on Thursday refused to revive a proposed class action accusing Redbox Automated Retail LLC of illegally disclosing consumers' personally identifiable information to a customer service contractor, ruling the data sharing was necessary for the contractor to perform its duties.

  • October 22, 2014

    FDIC, Citi Settle 9th Circ. Appeal Over Colonial Bank Failure

    Citigroup Global Markets Inc. has reached a settlement agreement with the FDIC in a Ninth Circuit appeal alleging a number of banks spurred on Colonial Bank's failure by selling it poor-quality mortgage-backed securities, and the bank insurer said Wednesday it expects Bank of America Corp. to exit the suit shortly as well.

  • October 22, 2014

    Attys Pocket $54M From Steel Price-Fixing Class Deals

    An Illinois federal judge awarded $54 million in attorneys' fees to counsel in a consolidated class action against steelmakers accused of scheming to inflate prices, saying Wednesday that the attorneys had effectively handled hard-fought, complex litigation that lasted six years.

  • October 22, 2014

    Judge Approves Bashas' $6.5M Settlement In Bias Suit

    An Arizona federal judge on Tuesday gave preliminary approval to Bashas' Inc.’s $6.5 million settlement with a class of Hispanic workers who accused the grocery chain owner of nearly a decade of discrimination by paying them less than white workers.

  • October 22, 2014

    Propane Co. Pays $500K To End Mich. Price Gouging Suit

    AmeriGas Partners LP, the nation's largest residential propane supplier, will pay more than $500,000 to reimburse thousands of Michigan customers to resolve class action accusations of price gouging last winter amid a propane shortage, Michigan Attorney General Bill Schuette said on Wednesday.

Expert Analysis

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • Settling After Class Denial — If Only It Were That Easy

    Michael V. Rella

    The denial of class certification, while significant, does not conclusively dispatch a class claim. The class claim might reappear even after the defendant settles with the former lead plaintiff and the final judgment is entered, say James Goldfarb and Michael Rella of Murphy & McGonigle PC.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • Readying For A New First Monday

    Fred T. Isquith

    Fall is in the air. September is flying by. In a few weeks the U.S. Supreme Court will be convening again. But while there are securities cases on the docket, there is nothing as momentous as Halliburton, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • BP Damages Will Be Punishing, Though Not Punitive

    B.D. Daniel

    After the Phase One rulings in the Deepwater Horizon oil spill litigation, any oil spill plaintiff still seeking punitive damages from BP PLC will face a gauntlet of legal obstacles, which is good reason to doubt BP will ever pay punitive damages in personal injury cases — a small consolation given BP's potential liability for civil penalties, says B.D. Daniel of Beck Redden LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Permissive Joinder Trend In GM Cases Benefits Plaintiffs

    Bob Langdon

    Cases filed against General Motors Co. over faulty ignition switches in states with permissive joinder may yield damages closer to those caused by auto accidents from defective vehicles compared with claimants that try their luck under Kenneth Feinberg's settlement plan, says Bob Langdon of Langdon & Emison.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.