Class Action

  • March 24, 2017

    Gay Surviving Spouses Win Fla. Death Certificates Suit

    A Florida federal judge has shot down the state's policy of requiring a court order before it will add a surviving same-sex spouse to a death certificate when the death preceded the overturning of Florida's ban on gay marriage.

  • March 24, 2017

    Fiat Chrysler Prevails In Recall Suit Over Jeep Fuel Tanks

    A Missouri federal judge on Friday released Fiat Chrysler from a proposed class action brought by Jeep owners alleging the automaker attempted to downplay a fuel tank defect, saying there’s no evidence that press releases regarding the defect posted on the automaker’s website were ever sent to dealerships.

  • March 24, 2017

    Yamaha Beats Bid To Revive Motor Defect Action At 9th Circ.

    Owners of Yamaha outboard motors who claim a defect caused dangerous corrosion had their putative class action sunk by the Ninth Circuit on Friday when a panel found they couldn’t show how the alleged defect led to an unreasonable safety hazard.

  • March 24, 2017

    Sidley, Deloitte Likely Still On Hook For $350M Ponzi Row

    An Oregon federal magistrate judge refused to free Sidley Austin LLP, Deloitte and others from a proposed class action claiming they aided an alleged $350 million Ponzi scheme, recommending Thursday that some claims be dismissed but saying the investors should have another crack at revising them.

  • March 24, 2017

    E-ZPass Debt Collector Beats Suit Over Recovery Letters

    A New Jersey federal court on Friday tossed a putative class action against a debt collector over allegedly improper letters dealing with unpaid E-ZPass tolls and associated penalties, saying such obligations do not constitute a “debt” under the Fair Debt Collection Practices Act.

  • March 24, 2017

    Big Banks Dodge Currency Buyers' Forex-Rigging Suit

    Foreign currency buyers alleging they were charged falsely inflated prices as a result of a massive, ongoing price-fixing conspiracy by the world’s largest banks saw their latest complaint tossed out Friday by a New York federal judge, who said they failed to show how they suffered any antitrust injury.  

  • March 24, 2017

    Fifth Third Strikes Another Worker FLSA Deal For $1M

    An Ohio federal judge preliminarily approved on Friday a $1.1 million deal that would resolve the second Fair Labor Standards Act action brought by Fifth Third Bank customer service managers who claim they were misclassified and denied overtime pay.

  • March 24, 2017

    Judge Will Allow Class To Object To $75M State Street Fees

    A federal judge in Massachusetts said Friday that he would like to let class members in a $300 million settlement with State Street Corp. over its foreign exchange practices object to the allegedly overstated legal fees in the case, once the special master is finished with his probe.

  • March 24, 2017

    Instacart Delivers $4.6M To Escape Labor Suit

    The grocery delivery service Instacart has reached a $4.63 million settlement resolving proposed class action claims that the tech company misclassified its shoppers as independent contractors when they were actually employees so the company didn’t have to pay minimum wages or overtime, according to court documents filed in Los Angeles Superior court.

  • March 24, 2017

    ADT Agrees To Pay $16M To End Alarm Hackability Suits

    ADT LLC has agreed to pay $16 million to end five separate proposed class actions alleging the home security company deceived consumers about the efficiency of its devices and their vulnerability to hacking, according to documents filed in California federal court on Thursday,

  • March 24, 2017

    Swift Slams Drivers' Bid To Restart Class Suit Pending Appeal

    Swift Transportation Co. slammed a group of drivers’ bid to restart their proposed class action alleging the company misclassified drivers as independent contractors, saying Thursday that the Ninth Circuit is still weighing its appeal of an Arizona ruling that its drivers’ contractor agreements were contracts of employment.

  • March 24, 2017

    Judge Body-Slams WWE, Wrestlers Over Lengthy Briefs

    A Connecticut federal judge on Friday skewered World Wrestling Entertainment Inc. and a pair of former wrestlers that claim the dangers of repeated head traumas were hidden from them, telling both sides their briefs for a summary judgment bid were far too long.

  • March 24, 2017

    Pa. School District Sues Turf Provider Over Defective Fibers

    A Pennsylvania school district on Thursday filed the latest in a number of would-be class action lawsuits accusing Fieldturf USA in Pennsylvania federal court of providing fields that it knew had defective artificial turf fibers.

  • March 24, 2017

    $4M Deal OK'd In PayPal Funds-Hold Saga

    A federal judge in California gave final approval Friday to a $4 million settlement of class claims that PayPal Inc. improperly placed holds on account funds, bringing a close to litigation that saw a previous proposal rejected.

  • March 24, 2017

    GM Drivers Say Experts' Testimony Holds Water

    Several drivers in upcoming trials over General Motors' alleged ignition switch defect on Friday blasted the automaker’s criticisms of their expert witnesses as “meaningless,” telling a New York federal judge that GM fails to address their opinions head on and that its own experts offer unreliable and misleading opinions.

  • March 24, 2017

    Calif. Judges’ Recession Raises 'Absurd,' Appeals Court Told

    A California deputy attorney general argued to a state appellate panel that a lower court misinterpreted a state law regarding salary increases for state judicial officers, resulting in the “absurd consequence” of finding them entitled to a pay raise during the state’s fiscal crisis.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    Fiat Chrysler Wants Hidden Tire Defect Class Suit Tossed

    The maker of Dodge and Chrysler vehicles on Thursday asked a federal judge in New York to dismiss a proposed class action over an alleged costly and hidden tire defect, saying that most named plaintiffs don’t even live in New York and the only one who does belongs to a practically identical suit.

  • March 24, 2017

    Tesla Investors Sue Elon Musk Over SolarCity Merger

    A pair of Tesla Inc. shareholders on Friday filed a putative class action alleging CEO Elon Musk and several other former directors and executives of the electric car maker made false statements about its $2.6 billion purchase of SolarCity Corp. last year.

  • March 24, 2017

    Nephew’s Google Job Prompts Recusal In Confidentiality Row

    A California judge recused himself Friday from presiding over an anonymous Google employee's putative class action alleging the tech giant’s confidentiality policies violate whistleblower rights and state labor statutes, saying that his nephew works for Google Brain and could financially benefit from the case.

Expert Analysis

  • Challenging Personal Jurisdiction In Online Conduct Cases

    Blaine C. Kimrey

    A discussion of personal jurisdiction is conspicuously absent from an Illinois federal judge's recent opinion in Rivera v. Google. However, it seems that a company like Google could rely on past Seventh Circuit and U.S. Supreme Court decisions to dispute personal jurisdiction when there are no contacts between the defendant and the forum state, other than those created by the plaintiffs, say Blaine Kimrey and Bryan Clark of Vedder Price PC.

  • Real Win For Virtual Casino: Lessons For Game Developers

    Christopher Queenin

    The Fourth Circuit's recent ruling in Mia Mason v. Machine Zone provides guidance to video game developers on how to avoid being accused of creating or supporting unlawful gambling or being liable under gambling loss recovery statutes, says Christopher Queenin of Nixon Peabody LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    U.S. Supreme Court nominee Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the Tenth Circuit in Hammond v. Stamps.com, favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • 4th Circ. Joint Employer Test Is Incredibly Broad

    Kurt G. Larkin

    The Fourth Circuit’s recent panel decision in Salinas v. Commercial Interiors, which creates an altogether new and incredibly broad joint employment standard under the Fair Labor Standards Act, makes the National Labor Relations Board’s Browning-Ferris joint employment standard seem temperate at best, say Kurt Larkin and Ryan Glasgow of Hunton & Williams LLP.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • What Consumers Really Think About Reference Price Labels

    Joel Steckel

    Many retailers present a higher reference price, labeled with "compare at," "originally" or some other term, next to the actual selling price of an item. Now that this practice has become the subject of government scrutiny and numerous class actions, empirical research into how such reference prices are actually perceived by consumers is essential, say members of Analysis Group.