Class Action

  • January 19, 2017

    Boeing Worker Loses Second Cert. Bid In OT Suit

    A Boeing employee claiming the aerospace giant improperly classified him as exempt from overtime premiums lost his renewed bid for class certification Wednesday when a Washington federal judge found that his proposed class was still too varied.

  • January 19, 2017

    Zico Coconut Water 'No Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

  • January 19, 2017

    Golden Corral Roped Into Overtime Class Action

    Golden Corral Corp. may offer customers an endless buffet, but it has shown itself to be less bountiful to those it employs as associate managers by wrongfully exempting them from federal and state overtime pay requirements, according to a lawsuit filed in Pennsylvania federal court Wednesday.

  • January 19, 2017

    Customer Fights Soap Maker's Bid To Duck 'Natural' Suit

    The leader of a proposed class action accusing Beaumont Products Inc. falsely peddling its Clearly Natural Essentials soaps as "natural" despite containing synthetic ingredients urged a New York federal judge Wednesday to ignore a dismissal request “that will serve no useful purpose.”

  • January 19, 2017

    Colgate Seeks To Brush Away Toothpaste False-Ad Suit

    Colgate-Palmolive asked a New York federal judge on Wednesday to toss a proposed class action alleging the company overstated the tooth-whitening power of one of its toothpaste brands, saying federal labeling regulations eclipse any state laws on the subject.

  • January 19, 2017

    Wal-Mart's 'Sloppy' Bike Assembly Causes Injuries, Buyer Says

    Wal-Mart Stores Inc. was smacked Wednesday with a proposed class action in Florida federal court looking to hold the mega-retailer liable for at least $5 million in damages caused to consumers who were allegedly injured due to the “sloppy” in-store assembly of bicycles.

  • January 19, 2017

    Securus, Private Prisons Co. Facing Another Recording Suit

    Prison phone service provider Securus Technologies Inc. and the successor to the Corrections Corporation of America Inc. were hit with another suit Wednesday alleging illegally recorded communications between attorneys and their clients, with a proposed class action filed by a pair of litigators in Kansas federal court.

  • January 18, 2017

    Landowners Seeking $150M in Gas Royalties Get Class Cert.

    An Oklahoma federal judge granted class certification Tuesday to landowners claiming Chaparral Energy LLC withheld $150 million in gas royalties through improper deductions, but excluded a fraud claim and narrowed the group to those with agreements that don’t release the well operator’s obligation to pay production costs.

  • January 18, 2017

    Yazaki Settles Car Parts Antitrust Claims For $212M

    Japanese automotive parts supplier Yazaki Corporation and Chiyoda Manufacturing Corporation agreed on Wednesday to pay $212 million and $1.15 million, respectively, to settle a lawsuit in Michigan federal court with purchasers of their products alleging the companies conspired to fix prices for in-car electronic systems.

  • January 18, 2017

    Ikea Ruling Puts Stamp On Novel Post-Spokeo Strategy

    The Ninth Circuit on Friday backed an Ikea shopper's unorthodox argument that her ZIP code collection claims against the retailer should return to state court because she lacked standing to pursue them in federal court, giving ammunition to a class action litigation strategy many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling.

  • January 18, 2017

    Remington Seeks Final OK Of Faulty Trigger Suit Settlement

    Remington Arms Co. LLC on Tuesday asked a Missouri federal court for final approval of a settlement to end a class action brought by gun owners in which it agreed to replace allegedly defective faulty trigger mechanisms in its best-selling Model 700 rifle and pay up to $12.5 million to class counsel.

  • January 18, 2017

    Class Seeks Del. Supreme Court Rescue In Lululemon Case

    Attorneys for Lululemon Athletica Inc. stockholders told Delaware's Supreme Court on Wednesday that the Chancery Court wrongly shot down their challenge to a suspiciously timed $80 million stock sale by the sports clothing company's chairman.

  • January 18, 2017

    Oil Co. Directors Say Nigerian Assets Bought In Good Faith

    The directors of oil exploration firm Erin Energy Corp. argued Wednesday to have a derivative suit dismissed in Delaware Chancery Court, saying they acted in good faith when approving a pair of transactions to buy offshore assets in Nigeria.

  • January 18, 2017

    Newark Beats Taxi, Limo Cos. Suit Over Uber Agreement

    The city of Newark on Wednesday beat a suit brought against it by a group of New Jersey taxicab and limousine companies over the city's agreement allowing Uber Technologies Inc. to operate outside of regulations that the taxi and limo companies must follow, after a federal judge dismissed the case.

  • January 18, 2017

    $5M Deal On J&J Bedtime Baby Products OK’d

    An Illinois federal judge granted final approval Wednesday to a $5 million settlement that ends four lawsuits accusing Johnson & Johnson of selling bath products that deceived parents into believing their babies would sleep longer.

  • January 18, 2017

    Merck Says K-Dur Buyers Can't Save Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have asked a New Jersey federal court to deal them a quick win in long-running pay-for-delay litigation over potassium supplement K-Dur, saying direct purchasers of the medication can’t prove the drug was a market unto itself and that they were wrongly edged out of that market.

  • January 18, 2017

    Lincoln National Faces Class Suit Over Insurance Cost Hikes

    Lincoln National Corp. was slapped with a putative class action in Pennsylvania federal court on Tuesday alleging that it breached the terms of its life insurance policies by jacking up rates in an attempt to shift costs to its customers and force coverage cancellations.

  • January 18, 2017

    Olive Oil Buyers Take 50 Cents A Bottle To End False Ad Suit

    A group of consumers who claim they were misled by “Imported From Italy” labels on Filippo Berio olive oil asked a California federal court on Wednesday to give initial approval to a preliminary settlement reached with Salov North America Corp.

  • January 18, 2017

    Del. Justices Kick Wal-Mart Investor Suit To Chancery

    The full Delaware Supreme Court on Wednesday criticized the lack of coordination between investors’ attorneys from two separate suits targeting an alleged Wal-Mart Mexico bribery scandal, ordering a lower court to contemplate whether one shareholder group’s rights were violated by the other’s case.

  • January 18, 2017

    Lufthansa Unit Forges $1.1M OT Deal With Metal Workers

    A unit of Deutsche Lufthansa AG agreed to pay $1.1 million in a deal with a class of sheet metal workers who had claimed they were misclassified as independent contractors and denied overtime, according to papers filed in Maine federal court on Wednesday.

Expert Analysis

  • 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.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.