Class Action

  • March 20, 2018

    BREAKING: Justices Keep Securities Class Actions Alive In State Courts

    The U.S. Supreme Court on Tuesday ruled that state courts can continue to hear certain securities class actions brought under federal law, delivering a blow to underwriters and newly public companies that argued such claims belong only before federal judges.

  • March 19, 2018

    Valeant, Pershing Get Initial OK On $290M Investor Deals

    A California federal judge granted preliminary approval Monday to two settlements totaling $290 million from Pershing Square Capital Management LP and Valeant Pharmaceuticals International Inc. to resolve investor claims of an insider-trading scheme ahead of their failed takeover bid for Allergan Inc.

  • March 19, 2018

    Investor Claims Over Tanking Blackberry Z10 Sales Revived

    Three years after their initial claims were tossed, a putative class of investors accusing BlackBerry Ltd. of inflating the value of its stock by hiding poor performance of its Z10 smartphone saw their suit revived after a New York federal judge halted a dismissal attempt of their newly amended complaint, finding Monday that important information had emerged.

  • March 19, 2018

    Fla. OKs Budget With Cash For Two Citrus Canker Judgments

    A lengthy legal fight ended for thousands of Florida homeowners Friday when Gov. Rick Scott signed the 2018-19 state budget, including $52 million for judgments they won as compensation for Florida's having cut down their healthy citrus trees in an effort to eradicate the plant disease citrus canker.

  • March 19, 2018

    Monster Drinkers Face Uphill Battle In False Ad Cert. Bid

    A California federal judge on Monday tentatively refused to certify a nationwide class of potentially hundreds of thousands of Monster energy drink buyers on claims that certain slogans the company put on its beverages’ labels tricked them into thinking the caffeine-laden drinks don’t bear any health risks.

  • March 19, 2018

    Hotel Giants Hit With Search-Engine Antitrust Class Action

    Hospitality giants such Hyatt Hotels Corp., Hilton Worldwide Holdings Inc., Marriott International Inc. and Wyndham Worldwide Corp. were named in a class action Monday, alleging the companies are engaged in an anti-competitive agreement to not advertise against each other via Google and other search engine-generated results.

  • March 19, 2018

    Aon Hewitt Sheds Caterpillar Plan ERISA Suit

    Caterpillar Inc. retirement plan participants suing Aon Hewitt for allegedly violating the Employee Retirement Income Security Act through an advisory fees kickback scheme saw their proposed class action thrown out Monday, when an Illinois federal magistrate judge found the suit lacked evidence to support its claims.

  • March 19, 2018

    Firms Battle Over Repping Class In Westinghouse WARN Suit

    Two law firms are battling it out in New York bankruptcy court to see who will lead a proposed class action against Westinghouse Electric on behalf of workers laid off on short notice, with both firms trading barbs and beating their chests in an attempt to muscle out the competition.

  • March 19, 2018

    Investor Suit Against Target Won't Be Revived, Judge Says

    A Minnesota federal judge on Monday said she would not reconsider the dismissal of a proposed securities class action accusing Target of misleading investors amid its tumultuous expansion into Canada, saying public statements company executives had made during the expansion don't meet the standard for securities fraud.

  • March 19, 2018

    Judge OKs Eagan Avenatti's Exit From Ch. 11

    A California bankruptcy judge has approved a settlement ending the bankruptcy of defunct class action law firm Eagan Avenatti LLP — owned by the attorney representing Stormy Daniels in her legal battle against President Donald Trump — that allows a former partner to collect $4.85 million to resolve his claims of allegedly unpaid fees.

  • March 19, 2018

    Fingerhut Hit With TCPA Suit Over Calls Seeking Payment

    Catalog and online retailer Fingerhut got slapped with a putative class action in Illinois federal court on Monday by an Illinois man who says the company has been placing unlawful calls seeking payment for products he never purchased, in violation of the Telephone Consumer Protection Act.

  • March 19, 2018

    UBS Can't Escape Or Arbitrate Laid-Off Workers' Claims

    An Illinois federal judge on Monday rejected UBS Securities LLC’s attempt to dismiss or force arbitration of proposed class and collective action allegations that it forces laid-off workers to sign away any claims against it in order to receive some deferred compensation, a scheme that allegedly disproportionately affects its older staff.

  • March 19, 2018

    Facebook, Users Urge Quick Wins In Biometric Privacy Suit

    A putative class of Facebook users urged a California federal court Friday to find the social media giant unlawfully used facial-recognition technology to collect biometric data without appropriate consent, while the company argued the case should be tossed since no injury has been shown.

  • March 19, 2018

    Building Materials Co. Agrees To $2.5M Deal In OT Suit

    Allied Building Products Corp. has agreed to pay $2.5 million to settle a proposed class action in California accusing the company of failing to pay overtime and provide meal breaks to a group of drivers and loaders.

  • March 19, 2018

    Teachers’ RICO Claims In Loan Fight Fall Flat: Judge

    A Pennsylvania-based student loan servicer dodged a proposed class action Monday claiming it illegally converted federal teaching grants to loans, when an Ohio federal judge found allegations under the Racketeer Influenced and Corrupt Organizations Act and for unjust enrichment fell short of pleading requirements.

  • March 19, 2018

    3M Says Philly-Area Contamination Suit Should Stay On Hold

    3M Co., a Tyco International unit and three other companies accused of contaminating the water supply in the Philadelphia area pushed back Friday against an attempt by residents to resume the case, arguing that they haven't given a good reason to lift the judge's stay before two related cases are decided at the Third Circuit. 

  • March 19, 2018

    $9.3B Oracle-NetSuite Merger Row Survives Dismissal Bid

    A Delaware Chancery judge refused on Monday to toss stockholders' challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Inc., finding there are enough potential conflicts between Oracle's directors and its founder Larry Ellison, who also controls NetSuite, that the investors didn’t have to take their legal challenge to the board before suing.

  • March 19, 2018

    Rite Aid Defends Rx Discount Program In Co-Pay Cost Row

    A customer can’t sue Rite Aid Corp. for charging patients with private insurance higher co-pays than cash-paying customers who enroll in its generic-drug discount program because there’s nothing legally requiring it to match the prices, the pharmacy told a California federal court Friday, hoping to ditch a potential class action.

  • March 19, 2018

    Scotts Can't Get Quick Win In Bird Seed Class Action

    A California federal judge declined Monday to grant Scotts Miracle-Gro Co.’s bid to throw out a class action alleging the lawn and garden products maker knowingly sold bird food laced with toxic pesticides, ruling it can’t get a quick win based on a 2017 U.S. Supreme Court ruling.

  • March 19, 2018

    Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling

    The U.S. Supreme Court on Monday decided not to take up a Japanese airline’s challenge to a Ninth Circuit ruling that allowed a price-fixing suit to proceed against it, setting the stage for All Nippon Airways to duke it out with consumers before a jury this summer.

Expert Analysis

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Are Orders Denying Class Cert. Appealable In PAGA Cases?

    Felix Shafir

    For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.

  • Opioid Solutions: Insurance, Legislation Or Litigation?

    Adam Fleischer

    The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive and raise questions as to whether the cost of the opioid battle is more justifiably absorbed by public health legislation, the private pharmaceutical industry or insurers, says Adam Fleischer of BatesCarey LLP.

  • When 'A' Stands For Preemption

    Steven Boranian

    The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an ANDA, or abbreviated new drug application — as opposed to an NDA, or new drug application — federal regulation of drug labeling preempts state-law failure-to-warn claims, says Steven Boranian of Reed Smith LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Why Most Slack-Fill Claims Should Fail On The Merits

    Sarah Brew

    Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.

  • The Arbitrability Of Claims Arising Under PAGA

    M.C. Sungaila

    If an employee asserts representative claims seeking civil penalties from his employer under California’s Private Attorneys General Act, are they arbitrable by agreement of the parties? Courts should adopt a unified approach to this question and allow representative PAGA claims to be arbitrated, so long as they are not outright waived, say M.C. Sungaila and Marco Pulido of Haynes and Boone LLP.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.

  • Clarity For Cos. Facing Wage Claims In Colo. And Beyond

    Martine Tariot Wells

    The Colorado Supreme Court's recent decision in Hernandez v. Ray Domenico Farms is notable because it clarifies for employers (including multijurisdictional employers) and employees alike that unpaid wage claims under Colorado law have the same statute of limitations as claims under the Fair Labor Standards Act, say attorneys with Brownstein Hyatt Farber Schreck LLP.