New Jersey consumers have hit appliance maker Viking Range LLC and parent company The Middleby Corp. with a putative class action over allegedly defective door hinges on certain Viking refrigerators that they say put users in harm's way.
DNA tester 23andMe Inc. was hit with a proposed class action Wednesday, in which the company is accused of falsely advertising its saliva collection kit and personal genome service product as accurately providing health reports on more than 240 genetic medical conditions.
A class of 300 delivery drivers sued Jimmy John's Gourmet Sandwich franchise operator Bushwood Investments LLC in Kansas federal court Wednesday, alleging the company's failure to compensate them for work expenses in violation of the Fair Labor Standards Act and the Kansas Wage Payment Act.
A contractor hired by New York’s Metropolitan Transit Authority to manage some of its parking lots issued tickets with no recourse to contest the fines, according to a putative class action filed Tuesday accusing the MTA and its contractor of unjust enrichment and due process violations.
Employees of chicken wing chain Planet Wings Inc. recently launched a putative class action in New York federal court, alleging the restaurant failed to pay overtime and spread-of-hours wages.
Hospitality software firm Micros Systems Inc. was hit Wednesday with a proposed class action in Tennessee federal court, in which the company is accused of violating the Fair Labor Standards Act, the California Labor Code and California Unfair Competition Law by not paying workers required overtime wages.
A Metropolitan Life Insurance Co. agency sent junk faxes without the required opt-out notices to at least 40 people in violation of the Telephone Consumer Protection Act, according to a putative class action filed Tuesday in California federal court.
Consumer reporting agency General Information Services Inc. sued a pair of Chubb Group insurers in Pennsylvania on Monday over their refusal to cover the settlement of a long-running class action accusing it of illegally divulging arrest record information to a potential employer.
A Staten Island man recently hit Rite Aid Corp. with a proposed class action in New York federal court, alleging the pharmacy chain falsely advertises that its store-brand glucosamine and chondroitin supplements can ease arthritis symptoms, despite overwhelming scientific evidence to the contrary.
The Canadian government has been hit with twin class actions over a mass postal mailing that marked recipients as medical marijuana users, allegedly revealing private health information and threatening the employment and physical security of 40,000 class members.
The former NHL players suing the league over its handling of concussions face the same daunting obstacles as their NFL counterparts, attorneys say: a string of collective bargaining agreements that could boot their claims out of court, and potential difficulty linking their symptoms to hits they took during their professional careers.
The widow of a Bristol-Myers Squibb Co. employee filed a putative class action against the company Tuesday, accusing it of taking out a $6 million insurance policy against her husband without his knowledge or consent.
A PVR Partners LP investor filed a class action in Pennsylvania federal court Tuesday, alleging that PVR's proposed $5.6 billion merger with competitor Regency Energy Partners LP is inadequate and unfair, and that the companies intentionally misled shareholders to get their approval for the deal.
The National Hockey League was hit with a putative class action in D.C. federal court on Friday by 10 former NHL players who say they suffer from pathological and debilitating effects of brain injuries caused by concussive impacts sustained during their professional careers.
A woman who says her photo was used to make fake profiles on IAC/Interactive Corp.-owned dating sites, including Match.com, filed a $1.5 billion putative class action Thursday seeking to force the sites to use facial recognition technology to protect customers from fraudulent profiles.
Vitamin Shoppe Industries Inc. on Thursday sued law firm Seeger Weiss LLP in New York federal court, arguing the firm had misused its trademarks on a website designed to solicit plaintiffs for a class action over alleged misrepresentations related to its BodyTech protein supplements.
The retailer Hobby Lobby Stores Inc. was hit with a putative class action lawsuit in Pennsylvania federal court on Thursday alleging its point-of-sale machines were not accessible to blind people, requiring those customers to divulge their PIN codes to complete a purchase.
The NCAA has sued video game maker Electronic Arts Inc. and Collegiate Licensing Co., reportedly alleging they breached their contractual obligations to the association and can't use a $40 million settlement to bow out of an antitrust class action brought by student-athletes alleging unauthorized use of their likenesses.
Hertz Global Holdings Inc. was hit with a putative class action in New Jersey federal court Wednesday accusing it of misleading investors about its projected financial results and the spinoff of its Advantage Rent A Car unit, allegedly resulting in them paying inflated stock prices.
A putative class of shareholders in a flash memory storage company say its stock price was artificially inflated by executives’ false promises that Facebook Inc. and Apple Inc. were still buying the company’s products, according to a suit filed Tuesday in California federal court.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonene McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
If the U.S. Supreme Court review in Halliburton II results in an outcome that significantly reduces the feasibility of class proceedings, we likely will see more plaintiffs put through their evidentiary paces on the element of reliance and a judiciary more amenable to rigorously exploring the evidence of same. Such a return to parity should find support from all constituencies seeking justice in the securities litigation arena, say Matthew Matule and Aaron Morris at Skadden Arps Slate Meagher & Flom LLP.
As the Thanksgiving holiday approaches, employers are likely giving thanks for the growing trend among federal courts to reign in what many perceive to be overly aggressive litigation tactics employed by the Equal Employment Opportunity Commission. There have been a surprising number of cases over the past year in which the EEOC has been dressed down, says Chuck Knapp at Faegre Baker Daniels LLP.
Although only a trial court-level opinion, Gambrell v. Hess Corp. now offers litigants in New Jersey state court unambiguous direction on whether offers of judgment have any place in class action proceedings, say Paul Halasz and Matthew Stuart Miller of Day Pitney LLP.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.
If industry executives did not suffer previously from heartburn when thinking about the Consumer Financial Protection Bureau’s complaint process, now is the time for them to reach for the antacids, says Brett Kitt, counsel with Greenberg Traurig LLP and former senior counsel at the CFPB.
At long last, the U.S. Supreme Court will address the fraud-on-the-market presumption of reliance established by the court in 1988. Securities litigators on both sides of the aisle are understandably anxious, because our entire industry is about to change — either a little or a lot. I say “change” because the ruling in Halliburton cannot and will not do away with securities litigation, says Douglas Greene of Lane Powell PC.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.