Class Action

  • September 22, 2017

    Syngenta Looks To Speed Appeal Of $218M GMO Corn Verdict

    Syngenta urged a Kansas federal judge Thursday to certify as a final judgment the $218 million jury verdict won by a class of Kansas farmers in multidistrict litigation over the agricultural company’s promotion of genetically modified corn, arguing it’s necessary to prevent needless delay of its appeal.

  • September 22, 2017

    BofA Loses Bid To Drop Class Allegations In Loan Suit

    A Colorado federal judge has denied Bank of America’s bid to strike class allegations from a suit accusing the bank and its contractors of working together to deny loan modifications to eligible homeowners under the Home Affordable Modification Program.

  • September 22, 2017

    Judge OKs $151M Elk River Spill Class Settlement

    A West Virginia federal judge granted preliminary approval Thursday to a class settlement worth up to $151 million with American Water Works Co. and Eastman Chemical Co. to end claims from a 2014 coal-processing spill in the Elk River.

  • September 22, 2017

    Attys Want $1.6M Cut Of App Privacy Deal With Tech Giants

    The attorneys who worked out a $5.3 million deal with tech companies including Twitter, Instagram and Yelp in a consolidated proposed class action over alleged user privacy violations asked a California federal judge Friday to award $1.6 million in fees for their work.

  • September 22, 2017

    Chiquita Can't Escape New Complaint In MDL, Judge Told

    Relatives of banana workers and others who were attacked and in some cases killed by a right-wing Colombian paramilitary group funded by Chiquita urged a Florida federal court Friday in sprawling multidistrict litigation to deny the company's bid to dismiss their newest complaint, filed in Ohio in March, arguing it doesn’t duplicate their Florida suit’s claims.

  • September 22, 2017

    LendingClub Fights Shareholder Cert. In Stock Drop Suit

    LendingClub Corp. asked a California federal judge Thursday not to certify a class of investors suing over the company hiding defective internal controls, saying the “lawyer-controlled” named plaintiff had an unusual investment history that made it ill-equipped to lead the class.

  • September 22, 2017

    Home Depot Data Breach Attys Score $15.3M In Fees

    The attorneys representing banks and other financial institutions in litigation over Home Depot's 2014 data breach won a $15.3 million fee award on Friday that represents only a slight reduction to their hotly contested request, as a Georgia federal judge gave his final blessing to a $27.25 million settlement.

  • September 22, 2017

    Ex-NJ Justice Can Serve As Master In Fraud Suit, Judge Says

    A New Jersey federal judge on Thursday ruled that a former New Jersey Supreme Court justice and current Ballard Spahr LLP partner will remain the special discovery master in a proposed asbestos fraud class action, rejecting defendants' claims that the onetime jurist has conflicts of interest.

  • September 22, 2017

    Rams Fans Want Info On Seat License Pricing At LA Stadium

    A proposed class of Rams fans whose season tickets were canceled when the team moved to LA asked a Missouri federal court on Friday to force the NFL team to hand over documents related to its discussions over pricing personal seat licenses at its new stadium, arguing they're relevant as the Rams have refused to give them a chance to purchase the new licenses.

  • September 22, 2017

    Ex-Uber Drivers Say Data Breach Caused Real Harm

    A pair of former Uber drivers urged a California federal judge Thursday to keep their proposed class action against the company alive, arguing that they have suffered real harm, including identity theft, from a 2014 data breach that compromised drivers’ personal information.

  • September 22, 2017

    CVS Customers Kiss Drug Packaging Claims Goodbye

    A CVS Health subsidiary beat a proposed class action on Thursday when a California federal judge found that the consumers who filed the suit spent more time talking about Hershey’s chocolate than they did about actual harm from arthritis drugs that were allegedly stored improperly.

  • September 22, 2017

    Toyota Owner Objects To $278.5M Takata Air Bag Settlement

    A class member in multidistrict litigation over dangerously defective Takata Corp. air bags objected Thursday to a $278.5 million settlement with Toyota Motor Corp., saying the deal devotes too little of the money to class members.

  • September 22, 2017

    Shareholder Drops Renewable Energy Co. Stock Slip Suit

    The lead shareholder in a proposed stock drop class action against the renewable energy company Amyris Inc. voluntarily dropped the claims in California federal court Thursday ahead of Friday’s due date for submitting an amended complaint.

  • September 22, 2017

    Judge Wants More Info On $9.75M CalPERS Consultant Deal

    A California judge on Friday held off on approving a $9.75 million settlement between an actuarial consultant to the California Public Employees' Retirement System and a class of long-term care insurance policyholders who claim their rates unexpectedly increased, requesting more details about overall possible damages.

  • September 22, 2017

    Burger King Can't Pause Receipt Suit Pending Dismissal Bid

    A Florida federal judge on Friday rejected Burger King’s bid to pause a proposed class action accusing it of printing too many card digits on receipts, saying the likelihood of the restaurant succeeding in its bid to ax the suit isn’t so high that he needs to impose a stay while deciding the motion.

  • September 22, 2017

    EEOC Targets More IHOP Locations Over Sexual Harassment

    Two days after bringing sexual harassment claims against IHOP locations in Illinois, the U.S. Equal Employment Opportunity Commission brought a class action against several franchisees of the restaurant chain in Nevada federal court Thursday, alleging rampant sexual harassment, an illegal policy that discouraged employees from reporting such incidents, and retaliation against workers who complained.

  • September 22, 2017

    Fiat Investors Want Emissions Claims Kept In Stock Drop Suit

    A proposed class of Fiat Chrysler Automobiles NV investors told a New York federal court Thursday that there’s no reason to trash their emissions-related allegations because they’ve shown the automaker’s executives knew about possible “defeat devices” in Fiat’s vehicles and thus intended to deceive investors about potential emissions problems.

  • September 22, 2017

    TGI Friday's Must Rework $19.1M Wage Deal, Judge Says

    A New York federal judge on Thursday rejected a proposed $19.1 million settlement between a putative class of 28,800 TGI Friday's tipped workers and the restaurant chain, saying it contains confidentiality and release provisions that could not “pass muster.”

  • September 22, 2017

    Facebook Drops Nonvoting Stock Plan, Trial Is Canceled

    Facebook dropped its plans Friday to create a nonvoting class of stock that would have allowed CEO Mark Zuckerberg to retain control of the company while divesting 99 percent of his stake to charity, an about-face that scotched a Delaware Chancery Court trial scheduled for next week.

  • September 22, 2017

    Lyft Hit With TCPA Suit Over Texts To Reassigned Numbers

    Lyft Inc. sends owners of recycled telephone numbers unsolicited promotional text messages in violation of the Telephone Consumer Protection Act, says a proposed class action filed Friday in Ohio federal court.

Expert Analysis

  • Opinion

    Equifax Breach Reminds Us Why We Need The 7th Amendment

    Jean Sternlight

    The Consumer Financial Protection Bureau’s arbitration rule restores transparency and accountability to our justice system and allows people to exercise their Seventh Amendment rights. However, the House of Representatives has voted to block it and the rule is now in jeopardy, says Jean Sternlight, director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

  • Keys To Estimating Damages In Deceptive Pricing Cases

    Stephen Hamilton

    The liability fundamentals of deceptive pricing cases are easy to understand: To the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.

  • Why A Subway Sandwich Class Settlement Didn't Measure Up

    Gerald Maatman Jr.

    The Seventh Circuit recently rejected a class action settlement involving Subway sandwich purchasers who sued for alleged consumer fraud, calling the settlement "worthless" in terms of alleged relief to the class. Companies defending such litigation cannot expect to "buy peace" by simply paying off plaintiffs lawyers, say Gerald Maatman Jr. and John Marrese of Seyfarth Shaw LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Financial Crisis Anniversary

    Trends In Credit Crisis Settlements

    Faten Sabry

    Between 2007 and July 2017, settlements related to the financial crisis totaled $133.2 billion. Ten years after the onset of the crisis, members of NERA Economic Consulting analyze the “settlement ratio” for select mortgage-backed securities settlements and other trends.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.