Class Action

  • February 23, 2018

    Expert's Calculations Are Focus At Close Of MassMutual Trial

    MassMutual and a class of hundreds of term life insurance policyholders faced off over dividends during closing arguments in a California trial Friday, with the class claiming MassMutual was ignoring the policies’ profits and MassMutual countering that the class was relying on a misleading manipulation of the numbers.

  • February 23, 2018

    Calif. Panel Says Staffing Co. Can't Arbitrate Wage Claims

    The Federal Arbitration Act doesn’t apply to an employment agreement a truck driver signed with a staffing firm that placed him, a California state court ruled Friday, adding that the employer can’t enforce a provision in that contract barring him from pursuing class action claims.

  • February 23, 2018

    Airline Pushes Supreme Court To Hear Filed-Rate Fight

    All Nippon Airways Co. Ltd. told the U.S. Supreme Court on Thursday that, if a ruling stands that found the airline can’t escape price-fixing claims by pointing to the existence of federal regulations, the courts risk being turned into “ill-equipped” regulators.

  • February 23, 2018

    JPMorgan Inks $2.25M TCPA Deal Over Robocalls

    A Georgia federal court Friday was asked to preliminarily approve JPMorgan Chase Bank NA’s $2.25 million settlement of Telephone Consumer Protection Act claims that the bank autodialed the cellphones of hundreds of thousands of customers after they verbally asked that the calls to stop.

  • February 23, 2018

    Insurer Says Policy Won't Cover Claims Over $3B Verizon Deal

    U.S. Specialty Insurance Co. on Friday asked a federal judge to rule that it doesn’t have to defend IDT Corp. chairman Howard Jonas against a stockholder suit stemming from an IDT spinoff’s $3 billion wireless spectrum sale to Verizon, arguing that the spinoff isn’t covered by IDT’s policy.

  • February 23, 2018

    Blue Bell Creamery Seeks Dismissal of Investor Listeria Suit

    Blue Bell Creameries USA Inc. urged Delaware’s Chancery Court late Thursday to dismiss a derivative suit that seeks damages for alleged director and officer failures to protect products from pathogenic listeria contamination blamed for sickening customers.

  • February 23, 2018

    Texas Justices Say Payday Lender Can Arbitrate Claims

    The Texas Supreme Court affirmed on Friday a ruling that found borrowers must arbitrate class claims alleging Cash Biz LP wrongfully used the criminal justice system to collect unpaid loans, finding the payday lender hadn’t waived arbitration by “substantially invoking the judicial process” in filing criminal complaints.

  • February 23, 2018

    Hotels Move For Cert. In Expedia False Ad Suit

    A pair of hotels are pushing to certify their proposed class action accusing Expedia of luring customers with false advertisements and then diverting them to make reservations at places where it gets a cut, telling a California federal court Thursday that a class action is the best way for their Lanham Act claims to proceed.

  • February 23, 2018

    Rakoff Questions $285M Atty Fees In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff on Friday pressed lawyers for a class of investors in Petrobras securities who inked a $3 billion fraud settlement with the oil giant and its auditor to justify their request for $285 million in attorneys’ fees, calling on Petrobras to join him in scrutinizing the plaintiffs’ billing records.

  • February 23, 2018

    Trump Golf Club Members Seek OK Of $5.4M Settlement

    Members of a golf club owned by President Donald Trump asked a Florida federal judge on Friday for initial approval of a $5.4 million class settlement that would end a suit alleging they were denied refunds of their deposits when Trump took over Jupiter Golf Club LLC in 2012.

  • February 23, 2018

    Endo, Auxilium And GSK Reach Deal In Testosterone MDL

    Drugmakers Endo, Auxilium and GlaxoSmithKline notified an Illinois federal judge on Friday of a tentative deal to settle their cases in the testosterone replacement therapy MDL, in which thousands of patients claim drugmakers failed to warn of risks of heart attack and other health conditions.

  • February 23, 2018

    BofA Looks To Trim Ex-Banker’s Meal, Rest Break Claims

    Bank of America urged a California judge on Friday to rethink her tentative ruling and trim meal and rest break claims from a former banker’s putative class action, arguing that as an ex-employee, she’s not entitled to injunctive relief and therefore shouldn’t be allowed to pursue the claims.

  • February 23, 2018

    2nd Circ. Gives 2nd Shot To Schwab's Libor Claims

    A Second Circuit panel on Friday breathed new life into claims brought by Charles Schwab Corp. against a slew of the world’s largest banks over their alleged manipulation of the London Interbank Offered Rate, finding that the investment firm should be given a chance to replead some of its case.

  • February 23, 2018

    Opioid MDL Attys Clash With DEA Over Drug Data

    Attorneys targeting drug manufacturers and distributors in multidistrict litigation over the opioid crisis are clashing with the U.S. Drug Enforcement Administration regarding access to vast amounts of government data on painkiller sales, according to filings in Ohio federal court on Friday.

  • February 23, 2018

    SWS Investors Lose Bid For Higher Stock Price Post-Sale

    Investors who sued to get 39 percent more for their stock after the 2015 sale of financial services firm SWS Group Inc. yet wound up getting 7.8 percent less after a Chancery Court appraisal got no help from Delaware’s Supreme Court Friday, which let stand the trimmed price of $6.38 per share.

  • February 23, 2018

    NYC Toll Fees Are Excessive, Drivers Claim

    Some of the fees drivers must pay to use New York City's cashless toll system for bridges, tunnels and roads are illegally excessive, a proposed class of commuters has alleged in New York federal court.

  • February 23, 2018

    Ex-SEC Chair Urges Delay Of Post-IPO Suit Policy Debate

    Former SEC Chairman Harvey Pitt on Friday urged current Chairman Jay Clayton to put on “the back burners” the idea of allowing companies to bar investors from filing lawsuits after an initial public offering, saying debating the subject would divert the agency’s “limited resources.”

  • February 23, 2018

    Shopper Drops Suit Over Whole Foods Data Breach

    Whole Foods escaped a proposed class action in Ohio federal court accusing the company of failing to protect customer data following a September data breach that affected the grocer's taprooms and restaurants, with the consumer on Thursday agreeing to dismiss her claims.

  • February 23, 2018

    SC Federal Court Lacks Jurisdiction, Says

    A U.S. District Court in South Carolina lacks personal jurisdiction in a proposed class action suit claiming overcharged a state resident for taxes and fees when he booked through the site, the company said Thursday in a motion to dismiss.

  • February 23, 2018

    Immigrants Sue Private Prison Co. Over 'Forced Labor'

    Private prison company CoreCivic Inc. was hit with a proposed class action on Thursday on behalf of immigrant detainees, alleging that CoreCivic is operating forced labor camps that violate the human rights of the detainees while it reaps profits of more than $1.5 billion annually.

Expert Analysis

  • Website Accessibility Suits Highlight Need For DOJ Rule

    David Baris

    Financial institutions are the latest target of website accessibility suits under the Americans with Disabilities Act, with New York and Florida seeing a significant uptick in such litigation this year. These cases are not easily dismissed, and compliance risk remains high in the absence of a clear standard from the U.S. Department of Justice, say David Baris and Lori Sommerfield of Buckley Sandler LLP.

  • The Continuing Evolution Of Personal Jurisdiction

    Kevin Penhallegon

    It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.

  • A New Era In Global Securities Litigation: Part 4

    Joni Jacobsen

    American plaintiffs firms are at the forefront of forming foundations of international investors bringing shareholder fraud actions. The law is developing not only in Europe, but in Canada, Australia and Asia as well, say attorneys with Dechert LLP.

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Looking Closer At A Record Year For Securities Cases

    Stefan Boettrich

    The pace of securities class action filings, settlements and dismissals in 2017 each reached levels not seen in at least a decade — and 2018 is already looking up. Last year also saw record low settlement metrics, but they do not necessarily portend low aggregate settlements in 2018 and beyond, says Stefan Boettrich of NERA Economic Consulting.

  • A New Era In Global Securities Litigation: Part 3

    David Kistenbroker

    In addition to the Netherlands, the U.K. and Germany have also experienced rapid proliferation of collective actions in the recent past. As collective action vehicles in Europe develop, issues with enforcement and implementation have emerged, say attorneys with Dechert LLP.

  • A New Era In Global Securities Litigation: Part 2

    Joni Jacobsen

    Shareholder plaintiffs barred from U.S. courts post-Morrison are looking to foreign jurisdictions. The Netherlands in particular is the European Union member state at the forefront of this sea change in securities litigation, say attorneys with Dechert LLP.

  • A New Era In Global Securities Litigation: Part 1

    David Kistenbroker

    Shareholder plaintiffs barred from U.S. courts are looking to courts in foreign jurisdictions to litigate alleged securities fraud and seek redress. To understand and prepare for this sea change, multinational defendants should be aware of jurisdictions in which they could be sued, as well as those in which they may be able to obtain global relief, say attorneys with Dechert LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.