Class Action

  • July 24, 2017

    Groupon’s Deals Exclude People With Disabilities, Suit Says

    Chicago-based discount website Groupon Inc. discriminates against people with disabilities by not offering tickets for accessible seating at events and not providing options to book accessible hotel rooms, a consumer said Friday in a proposed class action.

  • July 24, 2017

    Barclays Forex Rigging Settlement Nets $8.75M In Atty Fees

    Counsel for Axiom Investment Advisors LLC will receive $8.75 million from a $50 million settlement with Barclays Bank LLC in a New York federal court action filed over purported misuse of a foreign exchange trading system to boost bank profits. 

  • July 24, 2017

    Consumer Denied Cert. In Midland Credit Debt Notice Suit

    An Illinois federal judge denied class certification Monday to a consumer allegedly sent an inaccurate debt collection letter by Midland Credit Management Inc., saying there are no objective criteria by which a class of those injured could be created.

  • July 24, 2017

    Peet’s Can’t Ditch Coffee Subscription Auto-Renewal Suit

    A San Francisco judge on Monday rejected Peet’s Coffee’s attempt to end a putative class action alleging the company violated California's Automatic Renewal Law by failing to properly notify customers it would renew coffee and tea subscriptions, rejecting the chain's findings the class couldn't prove an injury.

  • July 24, 2017

    Equus Investor Fights Bid To Toss Equity Perk Suit

    Attorneys for a proposed class seeking to undo an approved Equus Total Return Inc. stock incentive plan parried suggestions Monday that their complaint alleged too little, too late during Delaware Chancery Court arguments on a company dismissal motion.

  • July 24, 2017

    AIG Unit Urges 9th Circ. To Rethink $8.6M Coverage Ruling

    An AIG affiliate urged the Ninth Circuit on Friday to reconsider a ruling that left it on the hook for $8.6 million for infringing a patent by software company Magma Design Automation Inc., saying the court hadn’t fully considered a phone call that could turn the case on its head.

  • July 24, 2017

    11 Teva Entities Can't Escape Pa. Generic Price-Fixing Suit

    A Pennsylvania federal judge ruled Monday that 11 generic pharmaceutical entities based outside the state still must face price-fixing allegations in a union health insurance plan’s putative class action, but she threw out claims against four drugmakers that do not sell drugs in the state, finding the court lacked jurisdiction.

  • July 24, 2017

    Class Says Experian Can’t Block American Eagle TCPA Deal

     A class that reached a proposed $14.5 million settlement with American Eagle Outfitters in a Telephone Consumer Protection Act suit over unsolicited texts told a New York federal court Friday that Experian's marketing unit lacks standing to object to the deal because it was dismissed from the case.

  • July 24, 2017

    Wells Fargo Fights Investor's Class Cert. Bid In RMBS Suit

    Wells Fargo Bank NA has slammed a bid for class certification from an investor suing the bank over its alleged failures as trustee of two residential mortgage-backed securities trusts, telling a New York federal court on Monday that the proposed class is unworkable.

  • July 24, 2017

    Janssen, Bayer Must Face Third Bellwether In Xarelto MDL

    A Louisiana federal judge on Friday refused to grant Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. a quick win in a patient’s suit accusing them of not warning about the possibility of dangerous internal bleeding associated with the blood thinner Xarelto, allowing the third bellwether trial in the multidistrict litigation to move forward. 

  • July 24, 2017

    TerraForm Brass Reach $20M Settlement Of Solar Deal Suit

    Directors of TerraForm Global Inc., one of the yieldcos affiliated with bankrupt SunEdison Inc., unveiled Friday the deal settling, for $20 million, Delaware Chancery Court derivative claims connected to an Indian solar project deal, but the resolution requires a ruling from the New York bankruptcy court allowing insurance funding.

  • July 24, 2017

    Consumer Urges 2nd Circ. For En Banc Review In TCPA Suit

    A consumer suing Lincoln Automotive Financial Services for violating the Telephone Consumer Protection Act has asked for the full Second Circuit to rethink his case, saying the smaller panel decision finding that consent given in contracts isn’t revocable conflicts with many other courts of appeal.

  • July 24, 2017

    IRS Asks To Stay Court Order Barring Tax Preparer Fees

    Despite a D.C. federal judge’s ruling barring the Internal Revenue Service from regulating tax return preparers, the IRS said Monday that it wants to continue charging them a fee while it decides whether to appeal the judge’s decision.

  • July 24, 2017

    $97.5M JC Penney Investor Settlement Gets Initial OK

    A Texas federal judge ruled Monday to grant preliminary approval to a deal for J.C. Penney to pay $97.5 million and make other concessions to a class of investors who’d accused the retailer of lying about its financial health, following the recommendation of a magistrate judge.

  • July 24, 2017

    PwC Beats ERISA Challenge To Retirement Plan’s Terms

    A New York federal judge handed a win to PricewaterhouseCoopers LLP on Monday in a suit from former employees who alleged a PwC benefit plan ran afoul of the Employee Retirement Income Security Act, saying the workers were trying to rewrite the plan instead of simply seeking its enforcement.

  • July 24, 2017

    Petrobras Seeks To Expand 2nd Circ. Win In Investor Suit

    Brazilian oil giant Petrobras and several banks that underwrote its debt securities asked the Second Circuit on Friday to rehear a decision that decertified two investor class actions but affirmed part of a certification order, saying the circuit conflicted with U.S. Supreme Court precedent.

  • July 24, 2017

    Arbiter Must Resolve If Employee Can Arbitrate Class Claims

    A California appellate court ruled Monday that an arbitrator should be the one to decide whether a former employee of home loan company Network Capital Funding Corp. can pursue class claims in an arbitration proceeding over alleged wage violations, rejecting the company’s contention that the decision should be left to the courts.

  • July 24, 2017

    Forever 21 Faces Class Action For Charging NYC Sales Tax

    A Forever 21 customer hit the retail clothing chain with a proposed class action in New York federal court Monday accusing the company of collecting sales taxes from online New York City customers whose orders should have been tax-exempt.

  • July 24, 2017

    Hilton Denied Bid To DQ Atty, Expert In Robocall Suit

    A Florida federal judge Monday rejected a Hilton Worldwide Holdings Inc. subsidiary’s motion to disqualify the counsel and expert witness for consumers in a proposed class action over alleged unwanted robocalls, ruling that the hotel company had not shown it had a confidential relationship with the witness. 

  • July 24, 2017

    NHL Can Keep Experts In Concussion Class Cert. Fight

    A Minnesota federal judge refused Monday to exclude expert testimony the National Hockey League used to bolster its bid to defeat class certification in multidistrict litigation alleging the league hid the dangerous effects of concussions, finding that requiring the NHL to revise the opinions would be too burdensome.

Expert Analysis

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • Northern District Of Illinois Is Botching TCPA Fax Rule

    David Almeida

    While the D.C. Circuit’s recent decision eliminating the solicited fax rule under the Telephone Consumer Protection Act seems clear on its face, at least two opinions from the Northern District of Illinois have inexplicably disregarded that holding, say David Almeida and Mark Eisen of Benesch Friedlander Coplan & Aronoff LLP.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Enforcing Arbitration Clauses In Product Packaging

    Abby Sacunas

    Two recent U.S. Supreme Court decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. Under certain states’ laws, such clauses may be enforceable — so long as reasonable notice is provided, along with notice that failure to return the product constitutes assent, says Abby Sacunas of Cozen O'Connor.

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • 9th Circ. Price Advertising Decision Threatens Retailers

    Rick Shackelford

    The Ninth Circuit's recent decision in Linda Rubenstein v. Neiman Marcus comes amid a wave of lawsuits targeting retailers for deceptive pricing. Though unpublished and without precedential effect, the decision will embolden plaintiffs to file similar class actions against retailers and could make it more difficult for them to succeed on motions to dismiss, say Rick Shackelford and Colin Fraser of Greenberg Traurig LLP.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.