Class Action

  • June 26, 2015

    Public Storage's Defenses Trimmed In Fee Class Action

    A Florida federal judge on Friday partially granted a motion for summary judgment of a putative class action claiming Public Storage overcharged customers for its self-storage insurance, agreeing to strike some but not all of Public Storage's affirmative defenses to prevent plaintiffs from recovering their premium payments.

  • June 26, 2015

    ConAgra Must Face 'All Natural' Suit Over Tomato Products

    An Arkansas federal court on Tuesday allowed most claims in a proposed class action to proceed against ConAgra Foods Inc. over labels on its Hunt's canned tomato products that proclaim them to be "100% Natural" despite allegedly containing artificial ingredients including calcium chloride. 

  • June 26, 2015

    CenturyLink Gets OK For $5M Rights-Of-Way Deal

    A federal judge signed off Thursday on a $4.8 million deal between CenturyLink Inc. and New Mexico landowners, ending a class action over fiber-optic cables that were buried, without paying or asking for permission, on railroad rights of way underlying or near their property.

  • June 26, 2015

    Workers In $1.2M Deal Can Use Visa To Prove Employment

    A New York federal judge has handed a victory to foreign workers looking to stake a claim in a $1.2 million settlement of a wage class action against TruGreen Landcare LLC, ruling temporary visas could be used as proof of employment.

  • June 26, 2015

    Sirius XM Pays Labels $210M To Settle Pre-1972 Fight

    Sirius XM Radio Inc. will pay $210 million to the major record labels for its use of pre-1972 records, resolving a large portion of the satcaster's two-year fight over the old tracks.

  • June 26, 2015

    3rd Circ. Says Cash Not Key For Pay-For-Delay Suits

    The Third Circuit ruled Friday that pharmaceutical patent settlements do not need to come in the form of a cash payout from a brand to a generic to face antitrust scrutiny as pay-for-delay agreements under U.S. Supreme Court precedent.

  • June 25, 2015

    Deal Over Carnival Cruise Fiasco Gets Final OK

    A Florida federal judge has agreed to enforce Carnival Corp.’s settlement with dozens of passengers who were stranded at sea for days on a disabled cruise ship in 2013, saying the lone holdout plaintiff hadn’t bothered to show up in court to make his case.

  • June 25, 2015

    11th Circ. Says USAA Can Hike Fla. Home Insurance

    The Eleventh Circuit affirmed Thursday that Florida law requires United Services Automobile Association to obtain affirmative consent before reducing — but not raising — homeowners' limits on building ordinance and law coverage, rejecting a class action appeal over premium hikes.

  • June 25, 2015

    2nd Circ. Won't Revive Dynegy Securities Fraud Class Action

    The Second Circuit on Thursday declined to revive a putative class action alleging various officers and directors of Dynegy Inc. misled investors about a 2011 restructuring, finding that the Texas-based electric utility company provided shareholders with all relevant information at the time and never acted with any intent to deceive them.

  • June 25, 2015

    Ex-Interns Urge Court To Approve $725K ICM Wage Settlement

    Former unpaid interns asked a New York federal judge on Wednesday to give final approval to a settlement with International Creative Management Partners LLC worth up to $725,000, saying the payout would be a fair end to their wage-and-hour class and collective action.

  • June 24, 2015

    Kraft Cheese Buyers Win Slimmed Cert. In 'Natural' Ads Suit

    A California federal judge on Tuesday certified a class of consumers who accused Kraft Foods Group Inc. of falsely marketing its fat-free cheddar cheese as "natural" when it allegedly contains artificial ingredients, but restricted the class to only those who bought the product because of that labeling. 

  • June 24, 2015

    10th Circ. Says Cox Waived Arbitration In Okla. Antitrust Suit

    The Tenth Circuit on Wednesday rejected a bid from Cox Enterprise Inc. to ship out to arbitration ongoing multidistrict litigation accusing the company of tying monthly set-top box payments to its premium cable services, saying the company waited too long to bring up the arbitration request.

  • June 24, 2015

    9th Circ. Nixes Class In False Ad Suit Over Nutrition Drink

    The Ninth Circuit overturned certification in a class action accusing supplement producer Supple LLC of falsely advertising a nutrition drink as effective in treating joint pain in a ruling on Tuesday, saying the class didn't limit itself to buyers who had actually seen the relevant ads.

  • June 24, 2015

    Ill. Court Told To Review Life Insurer's $6M Junk Fax Deal

    An Illinois appeals court on Tuesday directed a lower court to take a second look at Wholesale Life Insurance Brokerage Inc.'s $6 million settlement with a putative class of businesses that received unsolicited faxes from Wholesale, concluding that there are still questions as to whether the deal was reasonable.

  • June 24, 2015

    9th Circ. Ends Buy.com User's $500M Privacy Suit

    The Ninth Circuit upheld a ruling on Tuesday dismissing a $500 million class action against online retailer Buy.com, saying a 1971 law prohibiting retailers from collecting customers' phone numbers during credit card transactions probably doesn't apply to online stores.

  • June 23, 2015

    2nd Circ. Says Magnum Hunter Securities Suit Didn't Pass Bar

    The Second Circuit on Tuesday refused to revive a securities class action that accused oil and gas company Magnum Hunter Resources Corp. of concealing poor financials, agreeing with a lower court that the investors didn't meet their high pleading burden.

  • June 23, 2015

    US Security Associates Settles OT Class Action For $1.25M

    Security services company U.S. Security Associates Inc. agreed on Monday to pay $1.25 million to settle claims that it stiffed a class of fire safety directors on overtime wages and that it made unlawful wage deductions from their paychecks, according to an agreement filed in New York federal court.

  • June 23, 2015

    US Bank Strikes $44M Deal To End Peregrine Class Action

    An Illinois federal judge Tuesday gave tentative approval to a $44.5 million settlement to resolve a class action accusing U.S. Bank NA of facilitating the $215 million theft of customer funds at now-bankrupt futures merchant Peregrine Financial Group Inc.

  • June 23, 2015

    Optiver Gets OK For $17M Crude Oil Manipulation Settlement

    A New York federal judge on Monday approved a $16.7 million class action settlement between investors and Optiver Holding BV, resolving claims that the trading company manipulated oil and gasoline futures contracts over a 24-day period in 2007.

  • June 23, 2015

    XL Prevails In 11th Circ. 'Consent-To-Settle' Fight

    XL Specialty Insurance Co. doesn't have to cover Piedmont Office Realty Trust Inc.'s $4.9 million shareholder-suit settlement, the Eleventh Circuit held Tuesday, two months after the Georgia Supreme Court ruled that Piedmont's failure to obtain XL's consent for the deal doomed its breach of contract suit against the insurer.

Expert Analysis

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Could This Case Change The Cyberinsurance Landscape?

    Daniel S. Marvin

    With the emergence of stand-alone cyberinsurance policies, there was little doubt that courts would ultimately be called upon to weigh in on their scope of coverage. Now, that time may have finally come in an apparent case of first impression in Columbia Casualty Co. v. Cottage Health System, say Daniel Marvin and Robert Stern of Stern & Montana LLP.

  • Statistical Analysis And Class Actions: Part 1

    Nathan D. Woods

    Recent legal decisions and commentary follow a growing trend among courts requiring greater scrutiny of class certification topics earlier in judicial proceedings. Under Rule 23 and the Fair Labor Standards Act's "similarly situated" threshold, courts now hesitate to presume commonality within a proposed class or collective action based on a summary result of aggregate effects, says Nathan Woods of Edgeworth Economics LLC.

  • Rise Of The Small Firm Class Action Business Model

    Jessica J. Sleater

    The current class action litigation environment has spurned the evolution of the big class action firm toward a sleeker, smaller business model for plaintiffs' attorneys. Even though these new firms are small, they have already proven they can stomach risk and are successfully prosecuting actions against the country’s largest companies, say Jessica Sleater and Eric Andersen of Andersen Sleater LLC.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • A Route To Directors' Early Exit From Merger Litigation

    Kevin C. Logue

    It has become all too common in transaction-related stockholder litigation for the pleading net to be cast widely, embroiling disinterested and independent directors into long and costly litigation. The Delaware Supreme Court's decision in the case of Cornerstone Therapeutics Inc. should lead to closer scrutiny of allegations against individual directors, say attorneys with Paul Hastings LLP.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.