Class Action

  • January 19, 2018

    NY Judge Reverses Standing Ax In Excellus Breach Row

    The New York federal judge overseeing consolidated actions over a 2015 data breach at Excellus BlueCross BlueShield on Friday reinstated claims brought by customers who claimed their data had been exposed but not misused, reversing her earlier decision that these plaintiffs hadn't alleged an injury sufficient to establish Article III standing. 

  • January 19, 2018

    Counsel Scores $2M In Fees From Trump Fla. Golf Club Spat

    Counsel for members of a golf club owned by President Donald Trump landed a fee award of $2.1 million in Florida federal court Friday, following the class’ win of a $5.7 million refund triggered by the club’s change in ownership when Trump took over Jupiter Golf Club LLC.

  • January 19, 2018

    Expert Ups Suggested Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees in the uncapped NFL concussion settlement updated his recommendations on Friday, telling a Pennsylvania federal court that additional information from class counsel convinced him to raise the cap from 15 percent to 22 percent.

  • January 19, 2018

    Loews Wants Out Of 20% Restaurant Service Charge Suit

    Loews Corp. and subsidiary Loews Hotels Holding Corp. on Friday urged a Florida federal court to dismiss a proposed class action alleging a failure to inform customers at hotel restaurants that bills included a 20 percent service charge, saying that the allegations raised in the “shotgun pleading” are lacking in detail. 

  • January 19, 2018

    7th Circ. Won't Revive Claims Of 1,000 Pfizer Suits In MDL

    The Seventh Circuit on Friday declined to revive claims in more than 1,000 lawsuits against Pfizer Inc. included in the multidistrict litigation for testosterone replacement therapy drugs, finding the suits’ state law claims about the company’s drug Depo-Testosterone were preempted by federal drug regulations.

  • January 19, 2018

    Vegetarians Lose False Ad Row With Buffalo Wild Wings

    A New York federal judge on Friday tossed a suit brought by a proposed class of vegetarians accusing Buffalo Wild Wings Inc. of frying nonmeat items in beef tallow, saying the suit hasn’t specified any injury besides the price paid for the fried food.

  • January 19, 2018

    Hacking Suit Should Be Tossed, Fiat Chrysler Tells Judge

    Fiat Chrysler Automobiles urged an Illinois federal judge Thursday to rethink his decision to keep alive a suit by Jeep owners who say certain models are vulnerable to hacking, with the carmaker contending the motorists have changed their argument.

  • January 19, 2018

    Jason Natural Can’t Quash Deodorant Labeling Suit

    Jason Natural Products Inc. lost a bid Friday to nix a proposed class action by consumers who claim they were misled by a “pure natural” label on its deodorant, when a California federal judge said that a jury should decide if the label is misleading to a reasonable consumer.

  • January 19, 2018

    Golden State Warriors, Fans Will Arbitrate App-Spying Suit

    The National Basketball Association’s Golden State Warriors and a proposed class will mediate claims that the team secretly recorded private conversations through a smartphone app, according to a joint filing that was approved in California federal court Friday.

  • January 19, 2018

    NY Judge Denies Uber’s Proposed $3M Settlement

    A New York federal judge on Friday denied preliminary approval for a proposed $3 million agreement to settle claims that Uber Technologies Inc. improperly accounted for taxes and other charges in calculating a service fee it deducted from fares earned by New York drivers.

  • January 19, 2018

    Ford, Class Fight Exhaust-Odor Deal Objector In 11th Circ.

    Ford Motor Co. and representatives of a class of Floridians who drove Ford Explorers that may have had a defective exhaust system have asked the Eleventh Circuit to throw out an objection to the settlement, saying the deal was fair to drivers and acknowledged the risk that they would lose at trial.

  • January 19, 2018

    Fiat Chrysler Says Tire Defect Claims Are Too Old

    Fiat Chrysler asked a Delaware federal court Thursday to toss a proposed class action alleging that a defect in certain Chrysler and Dodge vehicles caused their tires to corrode or deflate, arguing the suit's consumer fraud and warranty claims are time-barred and others have no factual basis.

  • January 19, 2018

    PayPal Ducks Shareholder Suit Over FTC Venmo Inquiry

    A California federal judge on Thursday granted PayPal's bid to dismiss a proposed shareholder class action stemming from a Federal Trade Commission investigation into the company’s Venmo app, saying the shareholders failed to show PayPal's board faced a substantial likelihood of liability on any claims.

  • January 19, 2018

    Abbott, Plaintiffs Seek Stay Of Depakote Suits, Pending Talks

    Abbott Laboratories Inc. and AbbVie Inc., along with more than 200 plaintiffs, asked an Illinois federal judge Friday to pause dozens of cases over birth defects allegedly caused by a seizure medication, as the drugmakers participate in settlement negotiations.

  • January 19, 2018

    Wells Fargo RMBS Suit Shouldn't Get Class Cert., Judge Says

    A New York federal judge has said that a suit that accuses Wells Fargo Bank NA of failing to properly oversee residential mortgage-backed securities for Royal Park Investments and other investors shouldn’t be allowed to move forward as a class action.

  • January 19, 2018

    KBR Investors Defend Suit Over UK Fraud Investigation

    A group of KBR Inc. investors hit back Thursday against its attempt to dismiss their proposed class action, saying the engineering and construction services company was wrong to suggest they hadn't laid out specific allegations or that they lacked sufficient evidence to support accusations of bribery and corruption.

  • January 19, 2018

    Rams Ticket Holders Urge Court To Force Owner's Deposition

    A proposed class of Rams fans who had their season tickets canceled when the NFL team moved to Los Angeles urged a Missouri federal court Thursday to force team owner Stan Kroenke to appear at a deposition after he declined to appear as requested.

  • January 19, 2018

    CBA Precludes Meal, Rest Break Claims, Calif. Judge Says

    A California federal judge on Thursday put to rest claims by a proposed class of Kiewit Infrastructure West Co. workers that they weren’t given adequate meal breaks and rest periods, saying the company was exempted from liability by a valid collective bargaining agreement.

  • January 19, 2018

    Class Action Group Of The Year: Hogan Lovells

    Hogan Lovells in 2017 handled a variety of class actions and multidistrict litigation for big-name clients including Mylan NV and Anthem Insurance Co., securing victories such as a precedential decision for Hormel Food Corp. in a false labeling class action to earn it a spot among Law360’s Class Action Practice Groups of the Year.

  • January 19, 2018

    9th Circ. Asks Calif. Court About Insurance Interest Disclosure

    The Ninth Circuit on Thursday asked the California Supreme Court to weigh in on whether Northwestern Mutual Life Insurance Co. and other insurers are exempt from disclosing compound interest charges on policy loans.

Expert Analysis

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • Ruling On Short Sandwiches May Cast A Long Shadow

    J. Philip Calabrese

    One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • A Closer Look At Consumer Finance Law In 2017, And Beyond

    Alan Wingfield

    In 2017, as in 2016, consumer financial services still ranked as one of the most thoroughly regulated industries in the U.S. For many companies, a year that began with definite promise instead concluded with much still contested and many threats newly ascendant, say Alan Wingfield and Amir Shachmurove of Troutman Sanders LLP.

  • Structuring Unpaid Internships After Wang V. Hearst

    Michael Pepperman

    The Second Circuit's recent decision in Wang v. Hearst Corporation, coupled with a recent announcement from the U.S. Department of Labor, demonstrates that the flexible, multifactor “primary beneficiary” test for unpaid interns established in Glatt v. Fox Searchlight Pictures is now easier for employers to satisfy, say Michael Pepperman and Ivo Becica of Obermayer Rebmann Maxwell & Hippel LLP.

  • Will The UK Open Its Doors To US-Type Class Actions?

    Lauren-McGeever.jpg

    While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.

  • Applying BMS To Federal Class Actions: Due Process Matters

    J. Gordon Cooney

    One of the most significant questions raised by last year's landmark Bristol-Myers Squibb decision is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process, say attorneys with Morgan Lewis & Bockius LLP.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.