Class Action

  • November 21, 2014

    Eli Lilly, Takeda Win Dismissal Of Ark. Taxpayer Actos Suit

    A Louisiana federal judge on Thursday threw out a proposed class action alleging that Takeda Pharmaceutical Co. and Eli Lilly & Co. ripped off taxpayers by hiding the risks of their diabetes drug Actos, after the Arkansas Supreme Court ruled the drug was properly prescribed by doctors.

  • November 20, 2014

    Kenneth Cole's $279M Going-Private Deal Survives NY Appeal

    A New York appeals court on Thursday upheld the dismissal of a shareholder suit over Kenneth Cole Productions Inc.'s $279 million go-private deal, ruling that majority shareholders' actions were shielded by the business judgment rule.

  • November 20, 2014

    8th Circ. Denies Rehearing On $5.8M Tyson Don-Doff Award

    A divided Eighth Circuit on Wednesday declined a rehearing bid and let stand a $5.8 million judgment awarded to a class of Tyson Foods Inc. employees in a compensation dispute over the time they spent putting on and taking off protective gear.

  • November 20, 2014

    Judge Scolds McGuire Attys, Calls Sprint Pay Case 'The Worst'

    A California federal judge Thursday scolded attorneys with McGuireWoods LLP for not handing over contact information for potential class members in a lawsuit claiming Sprint Nextel Corp. didn't pay retail consultants and store managers for hours worked, saying the parties’ squabbling made the case “the worst” on his docket.

  • November 20, 2014

    United Healthcare Dodges Chiropractor's TCPA Suit

    UnitedHealthcare Inc. on Wednesday ducked a proposed class action brought by a chiropractor alleging violations of the Telephone Consumer Protection Act after an Illinois federal judge said that the chiropractor’s provider agreement stipulated that his complaint had to be arbitrated.

  • November 20, 2014

    9th Circ. Ruling Means Closer Scrutiny Of FLSA Claims

    An employer-friendly Ninth Circuit decision that clarified how specific workers pursuing Fair Labor Standards Act suits must be to survive dismissal bids added an arrow to wage-and-hour defendants' quivers and represents a trend toward courts demanding more details from class and collective action plaintiffs, management-side lawyers say.

  • November 20, 2014

    Boston Scientific Slammed With $18.5M Verdict In Mesh Trial

    A West Virginia federal jury on Thursday hit Boston Scientific Corp. with an $18.5 million verdict in the second federal trial over injuries allegedly caused by its pelvic mesh devices, days after the company was slapped with a $26.7 million verdict in Florida over a different pelvic mesh product.

  • November 19, 2014

    Ex-Pfizer Workers Lose Benefits Bid In Suit Over Wyeth Deal

    A Pennsylvania federal judge on Tuesday refused to grant severance benefits to a proposed class of former Pfizer Inc. workers who alleged in an Employee Retirement Income Security Act suit that they were owed the benefits after an employment transfer that followed the company's $68 billion acquisition of Wyeth Pharmaceuticals.

  • November 19, 2014

    Honda Repair Deal OK'd In Faulty Side Air Bag Class Action

    Honda North America Inc. on Wednesday won final approval in California federal court for its settlement of a class action alleging some Honda Accord side air bags deploy inadvertently, with the automaker agreeing to make repairs worth more than $6 million on thousands of affected vehicles.

  • November 19, 2014

    7th Circ. Slams 'Selfish' $6.5M Deal In Supplement Suit

    The Seventh Circuit on Wednesday shot down a “selfish” $6.5 million settlement negotiated by NBTY Inc. in a glucosamine supplement false labeling class action, saying the settlement was apparently contrived to ensure “meager” benefits to class members and maximum fees to attorneys.

  • November 19, 2014

    NCAA Loses Fight To Depose Ex-Hausfeld Atty On $51M Fees

    A California federal judge on Wednesday rejected the National Collegiate Athletic Association's request to depose a former Hausfeld LLP attorney who once accused the firm of improper billing, saying the NCAA didn't show how the deposition would help it fight Hausfeld's $51 million fee bid in college athletes' likeness class action.

  • November 19, 2014

    Enterprise, Vanguard Seek OK For $18.9M Airport Fee Deal

    Enterprise Leasing Company-West LLC and Vanguard Car Rental USA LLC, which rents vehicles under the Alamo and National brands, asked a Nevada federal judge Tuesday to approve an $18.9 million settlement to resolve a class action alleging the companies improperly passed on airport concession fees to their customers.

  • November 19, 2014

    Activision Brass Reach $275M Deal To End Shareholder Action

    The leaders of Activision Blizzard Inc. have agreed to a $275 million settlement of consolidated shareholder derivative and class action litigation over what investors say was a tainted $8.2 billion deal to buy back Vivendi SA's controlling stake, the game maker said Wednesday.

  • November 19, 2014

    Regions Investors Again Win Class Cert. In Stock Inflation Suit

    An Alabama federal judge on Wednesday certified for the second time a class of shareholders suing Regions Financial Corp. over alleged misrepresentations related to its 2006 acquisition of AmSouth Bancorp, following a remand from the Eleventh Circuit on the issue of price impact.

  • November 19, 2014

    BP Plaintiffs Can't Force Disputed Spill Payments: 5th Circ.

    The Fifth Circuit on Tuesday upheld a lower court’s refusal to order payments from BP Exploration & Production Inc.’s $9.2 billion settlement over the Deepwater Horizon disaster to several claimants after the method used to calculate the payments was overturned by the appeals court last year.

  • November 19, 2014

    Frontier Can't Escape TCPA Suit With Settlement Offer

    A Connecticut federal judge on Tuesday wouldn’t let Frontier Communications Corp. skirt a proposed class action accusing it of placing thousands of illegal telemarketing calls, saying that a settlement offer it made to the plaintiff didn’t moot her claims.

  • November 19, 2014

    Investor Suits Over $1.2B Multimedia Games Buyout Combined

    A Texas federal judge agreed Tuesday to consolidate two putative shareholder class actions alleging casino games maker Multimedia Games Holding Co. Inc.'s proposed $1.2 billion buyout by Las Vegas-based Global Cash Access Holdings Inc. cheats shareholders.

  • November 18, 2014

    General Mills Settles Suits Over 'Natural' Granola Bar Labels

    General Mills Inc. settled four proposed class actions alleging the company lied to consumers when it labeled Nature Valley granola bars as being “100 percent natural” and agreed not to use the phrase on products that contain artificially produced ingredients, the plaintiffs’ attorneys said Tuesday.

  • November 18, 2014

    Smart & Final's $3M Deal OK'd In Class Wage Suit

    A California judge on Tuesday gave final approval to bulk goods retailer Smart & Final Stores LLC’s $3 million settlement of a class action alleging the company shorted the wages of more than 16,000 Golden State workers.

  • November 18, 2014

    Fidelity's $6.25M False-Ad Class Deal Gets Green Light

    A California judge on Tuesday granted final approval to Fidelity & Guaranty Life Insurance Co.’s agreement to raise interest rates or refund fees for roughly 67,000 current and former policyholders, in a $6.25 million deal to settle class claims that Fidelity falsely advertised its policies as investments.

Expert Analysis

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • Multistate Class Actions Face Tough Test At 3rd Circ.

    Joel E. Tasca

    Adding to its recent trend of case law raising the bar for plaintiffs seeking class certification, the Third Circuit's ruling in Grandalski v. Quest Diagnostics Inc. will make it even more difficult for consumers to gain certification of multistate classes when state law claims are being asserted, say Burt Rublin and Joel Tasca of Ballard Spahr LLP.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Random Selection Is Best For MDL Bellwether Trials

    Matthew A. Holian

    The inadequacies of party selection are particularly troubling when compared to random selection, which yields representative plaintiffs, is fair to both sides, and also produces valuable information for courts and litigants, say Loren Brown and Matthew Holian at DLA Piper LLP and Dov Rothman at Analysis Group Inc.

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • The Root Cause Of Skyrocketing Defense Costs

    Douglas W. Greene

    The costs of defending securities class actions continue to increase, and the root cause is the convergence of two related factors — the prevailing view that securities class actions are “bet the company” cases, and the consequent reflexive hiring of BigLaw firms, says Douglas Greene of Lane Powell PC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Culling Consent From 11th Circ. TCPA Case

    David N. Anthony

    After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.