Class Action

  • January 20, 2017

    7th Circ. Nixes Time Warner Class' Appeal, Citing Spokeo

    The Seventh Circuit on Friday affirmed the dismissal of a Time Warner Cable Inc. subscriber’s proposed class action against the company for storing former customers’ personal information, saying the man had neither alleged nor offered any evidence of concrete harm, citing Spokeo.

  • January 20, 2017

    Chancery Tosses Claims Over Alleged UPS Cigarette Scheme

    A Delaware Chancery judge late Thursday threw out derivative claims accusing United Parcel Service Inc. directors of faulty oversight that led to an alleged scheme to haul untaxed cigarettes, ruling the suing shareholders hadn’t shown it would have been futile to take the claims to the company’s board.

  • January 20, 2017

    Buyers, Lowe's Settle Flooring Formaldehyde Class Action

    A putative class of consumers has settled claims accusing Lowe's Home Centers and Armstrong Flooring of selling laminate flooring with dangerous levels of formaldehyde, according to papers filed Friday.

  • January 20, 2017

    Face Scan Storage Not Actual Injury, Video Game Maker Says

    The maker of an NBA video game asked a New York federal judge on Friday to toss a putative class action claiming the company collected and retained facial scans of gamers because the players didn’t suffer any actual harm.

  • January 20, 2017

    Mitsubishi To Pay $75M To End Direct Buyers' CRT Claims

    Direct buyers of Mitsubishi televisions urged a California federal judge Thursday to approve the company's agreement to resolve their antitrust claims for $75 million in the sprawling cathode ray tube price-fixing multidistrict litigation.

  • January 20, 2017

    Korean Ramen Buyers Win Class Cert. But Not Sanctions

    A California federal judge Thursday certified two purchaser classes of Korean ramen noodles alleging a price-fixing conspiracy among noodle manufacturers and their U.S. affiliates, saying the buyers’ experts had adequately shown classwide antitrust impact from the alleged collusion, but declined to impose sanctions regarding evidence preservation.

  • January 20, 2017

    FHFA Supplants Fannie Mae Shareholders In Deloitte Suit

    The Federal Housing Finance Agency took over from Fannie Mae shareholders as the plaintiff in a lawsuit against auditing firm Deloitte & Touche LLP over mortgage-crisis losses after a Florida federal judge found that FHFA, as the conservator of government-sponsored Fannie Mae, has the sole power to bring any claims.

  • January 20, 2017

    Hatchimals Buyers Say Defect Cracked Their Christmas Fun

    Parents who waited in long lines and shelled out big bucks for Hatchimals were left with egg on their faces when 2016’s hottest Christmas gift proved to be defective in that it didn’t, well, hatch, according to a proposed class action filed in California federal court Thursday.

  • January 20, 2017

    Investors, Banks Trade Shots In Libor Case

    Investors this week continued to spar with the banks they accuse of manipulating the London Interbank Offered Rate over the dismissal of investor claims last year, while the court ordered another plaintiff to resubmit its complaint.

  • January 20, 2017

    Fiat Chrysler Investors Sue Over Emissions, Recall Missteps

    Fiat Chrysler investors on Thursday launched a proposed class action lawsuit in New York federal court accusing the automaker of inflating its stock price by making false statements related to the use of emissions software and failing to implement recalls and mandated safety compliance protocols.

  • January 20, 2017

    United Flight Attendants Want Quick Change In Pay Reporting

    A class of United Airlines Inc. flight attendants asked a California federal judge on Thursday to quickly rule in their favor regarding claims that the airline violated state wage statement laws and instruct the company to update its practices.

  • January 20, 2017

    Cohen Milstein Pushes For Class Counsel Nod In ERISA Suit

    Two law firms on Thursday continued their push to be appointed co-lead counsel in a putative class action accusing New Jersey’s St. Joseph’s Healthcare System of ERISA violations, telling a federal judge that four other courts have deemed them worthy of the role in similar suits.

  • January 20, 2017

    Agile Lied About Birth Control Patch Study, Investor Says

    Agile Therapeutics Inc. misled investors into thinking that a contraceptive patch it was developing would get U.S. Food and Drug Administration approval, even though more than half the participants had dropped out of the clinical study and the patch didn’t meet industry standards, a second potential class of shareholders alleged in New Jersey federal court on Friday.

  • January 20, 2017

    Debt Collector AllianceOne Can’t Duck Deception Claims

    A Pennsylvania federal judge rejected arguments Thursday that purportedly misleading claims in a debt collection letter sent by AllianceOne had not caused a concrete and particularized enough injury to support class claims leveled under the Fair Debt Collection Practices Act.

  • January 20, 2017

    Cosmetics Co. Merger Suit Settled With $5.6M For Investors

    A $5.6 million settlement to resolve class claims brought by the shareholders of Physicians Formula Holdings Inc. over an ignored merger offer in 2012 received the approval of the Delaware Chancery Court on Friday.

  • January 20, 2017

    Class Action Group Of The Year: Cohen Milstein

    With a series of notable victories across a variety of practice areas — topped by an $835 million settlement that concluded more than a decade of litigation against The Dow Chemical Co. — Cohen Milstein Sellers & Toll PLLC secured itself a repeat selection as one of Law360's Practice Groups of the Year.

  • January 20, 2017

    Morgan Stanley, UBS Must Provide ISDAfix Gov't Probe Docs

    A New York federal judge on Friday ordered BNP Paribas, ICAP, Morgan Stanley and UBS to hand over documents they provided to government investigators regarding fixing the ISDAfix benchmark rate, which is used to set terms for swaps transactions, to a pension fund bringing a potential class action over the alleged manipulation.

  • January 20, 2017

    Judge Refuses Stipulated Stay in Uber Drivers Class Action

    A federal judge in New York on Friday refused to stay a class action suit by Uber drivers demanding to be classified as employees, saying that it would take too long for the Supreme Court to decide whether the National Labor Relations Act precludes enforcement of class action waivers in mandatory arbitration agreements.

  • January 20, 2017

    NHL Says Boston U. CTE Center Won't Hand Over Documents

    The National Hockey League says that the Boston University CTE Center is refusing to hand over documents and materials on its research into the causes of the degenerative brain condition, asking a Minnesota federal court to force the hand over of materials, including documents related to the posthumous diagnosis for one of the named plaintiffs in litigation alleging the league failed to warn players of the dangers of repeated head trauma in hockey.

  • January 20, 2017

    NJ Racetrack Guard Loses Bid To Revive Wage Suit

    A New Jersey state appeals court on Friday refused to revive a Meadowlands Racetrack security guard's putative class action against the racetrack operator, finding that the business is not bound by a state statute requiring employers to pay certain wages to workers providing building services at state-owned and state-leased facilities.

Expert Analysis

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Another Jurisdiction, Another Disclosure Settlement?

    Sean J. Griffith

    A year after the Delaware Chancery Court announced in Trulia that the paragon of nuisance settlements — the “disclosure only” settlement — would no longer be welcome, deal litigation is still common and, increasingly, it is avoiding Delaware. This is because of the failure of the forum-selection solution advertised in Trulia, says professor Sean Griffith of Fordham University School of Law.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow to the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.