Class Action

  • February 22, 2017

    Williams-Sonoma Nears Trim Of Thread Count Labeling Suit

    A California federal judge said during a hearing Wednesday he would likely grant some, but not all, of Williams-Sonoma's requests to trim claims and products from a putative class action alleging the company misleads customers about the thread count of its bedding.

  • February 22, 2017

    McDonald's Liable For Franchisee Wage Violations, Suit Says

    Fast food workers engaged in a putative class action suit alleging McDonald’s violated wage laws asked a California federal judge on Tuesday to deny the company’s second bid for summary judgment, arguing that the restaurant chain is liable even if the violations were committed by a Bay Area franchisee.

  • February 22, 2017

    9th Circ. OKs Dreamworks’ Win In ‘Turbo’ Profits Suit

    The Ninth Circuit refused to revive a securities class action against DreamWorks Animation SKG Inc. alleging the animation studio misled investors about the profit potential of the 2013 cartoon flick “Turbo,” finding that the investors failed to show they were fraudulently deceived.

  • February 22, 2017

    Mobile Game Maker Can't Ditch Investor Suit Over $115M IPO

    A New York federal judge on Wednesday largely kept intact a consolidated class action claiming game maker iDreamSky Technology Ltd. misled investors ahead of its $115.5 million initial public offering, saying generalized disclosures don’t shield the developer from its obligation to report issues with its popular mobile game “Cookie Run.”

  • February 22, 2017

    High Court Shouldn't Hear $7B Visa, MC Deal, Retailers Say

    A pair of merchant trade groups asked the Supreme Court on Tuesday to refuse to hear the appeal of retailers seeking to reinstate a $7.25 billion antitrust settlement with Visa and MasterCard over interchange fees that was shot down by the Second Circuit, calling the deal an “enormously unpopular and worthless mandatory settlement.”  

  • February 22, 2017

    Consumers Win Bid To Remand General Mills Labeling Claims

    Accusations by a group of consumer organizations that General Mills wrongly labels granola products containing chemical pesticides as healthy and natural are heading back to a D.C. trial court after a federal judge on Wednesday found jurisdiction lacking because the allegations did not directly implement federal statutes.

  • February 22, 2017

    NJ Time Limit Backs Cert. Bid In Avis Fee Suit, Court Told

    Car renters alleging that Avis Budget Group Inc. didn’t tell them they would be charged for an electronic toll-payment service told a New Jersey federal judge Tuesday that a recent case in the state Supreme Court supports their bid for class certification because their contract claims are timely.

  • February 22, 2017

    Lawyers Seek Up To $41M From Halliburton Asbestos Deal

    Boies Schiller Flexner LLP and Kahn Swick & Foti LLC lawyers who reached a $100 million investor settlement with Halliburton over its asbestos liability disclosures told a Texas federal court Tuesday they would seek up to $40.8 million after a decade's litigation and two trips to the U.S. Supreme Court.

  • February 22, 2017

    Wells Fargo Settles TCPA Suit For $15.7M

    A Georgia man has asked a federal judge to sign off on a $15.7 million settlement deal to end a proposed class action alleging that Wells Fargo violated the Telephone Consumer Protection Act by allegedly using an autodialer to make calls to about 3.4 million consumers.

  • February 22, 2017

    Avis Renter Says She Shares ACE Fraud Claim With Class

    An English consumer who attempted to lead a class action accusing Avis and subsidiary Budget Rent-A-Car of fraudulently offering supplemental insurance in their rental car contracts has asked the 11th Circuit to recertify her class.

  • February 22, 2017

    NHL Denied Class Cert. Expert's Bibliography In CTE Suit

    A Minnesota federal judge denied the NHL’s bid to obtain the annotated bibliography for a report prepared by an expert for a proposed class of former players alleging claims over head injuries in hockey, as the parties continue to fight over discovery materials.

  • February 22, 2017

    Ex-Tata IT Workers Seek Class Status In Bias Case

    Two former Tata Consultancy Services Ltd. employees urged a California federal court Tuesday to certify two classes of workers alleging the information technology outsourcing agency systemically discriminates against non-South Asians, arguing there could be thousands of class members.

  • February 22, 2017

    T-Mobile Retailer Calls Wage Suit Request 'Tree Without Roots'

    A T-Mobile retailer shot back Tuesday at a move to compel it to produce information that two former sales representatives said was relevant to their discovery requests in a proposed wage class action, calling the move a fishing expedition.

  • February 22, 2017

    Nike Outruns Outlet Price Tag Class Action

    An Oregon federal judge has dismissed a consumer’s proposed class action suit against Nike Inc., putting an end to claims that the company duped shoppers at its outlet stores with false suggested retail prices on items, leading them to believe that they were getting a discount.

  • February 22, 2017

    Wal-Mart Investors Defend Mexico Bribes Suit

    Shareholders in Wal-Mart Stores Inc. who sued corporate officers in Delaware for turning a blind eye to corruption in Mexico have argued that it would be a denial of due process to dismiss their case after a similar suit was tossed in Arkansas.

  • February 22, 2017

    Viacom Urges NJ Court To Toss Child Tracking Privacy Row

    Counsel for Viacom Inc. urged a New Jersey federal court Wednesday to toss the sole remaining claim in a putative class action accusing Nickelodeon of tracking the online activity of children under 13, arguing that the media company only collected anonymous information that could not be used to identify users.

  • February 22, 2017

    Wells Fargo To Pay $2M In TCPA Student Loan Call Suit

    Wells Fargo Bank N.A. will pay $2 million to around 446,000 consumers to end a Telephone Consumer Protection Act suit brought by student loan borrowers who say they were called with automatic dialers, according to a settlement filed in Georgia federal court on Wednesday.

  • February 22, 2017

    Exxon Rushed Refinery Repairs Before $537M Sale, Suit Says

    ExxonMobil Corp. is facing a proposed class action in California state court accusing the oil giant of hazardously operating a refinery in the run-up to an explosion that released harmful pollutants into the air, and then rushing shoddy repairs in the aftermath of the blast to push through a half-billion-dollar sale.

  • February 22, 2017

    NFL Class Says Ex-Player Is Spreading Deal Misinformation

    The lead counsel for the class of former players in the NFL concussion settlement told a Pennsylvania federal court that a retired running back, Fred Willis, is spreading false information about the settlement agreement, telling class members that the doctors set up under the agreement are chosen by the NFL and directing them to a network of “player-friendly” doctors that he set up.

  • February 22, 2017

    AbbVie Wants Out Of Testosterone MDL Before Bellwethers

    AbbVie Inc. and Abbott Laboratories have asked an Illinois federal judge to let them out of a massive multidistrict litigation over the marketing and sale of testosterone gel products, arguing the consumers haven’t shown a connection between the drug and the alleged increased risk of heart attack and stroke.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Why Abolishing Basic Would Backfire — Badly

    Douglas W. Greene

    In the current environment, the risk of attacks on the fraud-on-the-market doctrine — established by the U.S. Supreme Court in Basic v. Levinson — seems high, and a general class action reform bill has already been introduced in the House. But Basic ballasts the system of securities law enforcement by protecting investors while providing companies with predictable procedures and finality upon settlement, says Douglas Greene of Lane Powell PC.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Del. High Court's Volcano Ruling Confirms Corwin's Potency

    Gail Weinstein

    The Delaware Supreme Court's recent decision in Volcano Stockholders Litigation is consistent with the Delaware courts’ continued expansive interpretation of the seminal Corwin v. KKR Financial decision, which has resulted in a strong trend of early dismissal of post-closing damages actions challenging noncontroller M&A, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Van Patten V. Vertical Fitness Is No TCPA Killer

    David Martinez

    As Telephone Consumer Protection Act litigation continues to grow at a staggering rate, the Spokeo defense remains an intriguing, if unsettled, means of attacking TCPA claims in federal court. Van Patten v. Vertical Fitness might not be the TCPA killer defendants have hoped for, but it is at the very least a welcome refuge for companies under siege, say Michael Reif and David Martinez of Robins Kaplan LLP.

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Why The Reform Act Needs Reforming

    Douglas W. Greene

    Two provisions in the Private Securities Litigation Reform Act have grown to be problematic for public companies — the safe harbor for forward-looking statements and the lead-plaintiff procedures. Although these issues won’t make the legislative agenda anytime soon, we defense lawyers can make a difference, says Douglas Greene of Lane Powell PC.