Class Action

  • May 26, 2017

    NFL Cheerleaders' Wage Plot Suit Tossed In Calif.

    A California federal judge dismissed football cheerleaders' lawsuit against the NFL and the majority of its teams over alleged wage-suppression tactics, saying Friday that the antitrust complaint was insufficient and failed to meet the pleading standard.

  • May 26, 2017

    McDonald's Grills Bookkeeping Expert In Unpaid OT Trial

    McDonald’s on Friday grilled an accountant who testified the company could owe potentially $41 million in statutory penalties for arranging overnight shifts at its company-run stores in California so as to stiff thousands of workers on overtime, questioning the accountant’s qualifications and methodologies during cross-examination in the damages trial.

  • May 26, 2017

    Attys Win $10M For Work On $30M Pipe Makers’ Antitrust Deal

    A Tennessee federal judge on Friday awarded $10 million in fees to the attorneys representing a class of direct purchasers accusing several manufacturers of cast iron soil pipes and fittings of fixing prices and pushing out competitors, and also approved the class’ $30 million settlement.

  • May 26, 2017

    Scottrade Says Data Breach Suit Should Stay In Federal Court

    Discount brokerage firm Scottrade Inc. asked a Florida federal judge Thursday not to remand to state court claims brought against it by a putative class of customers over a data breach, arguing that the case should be stayed pending an appeal at the Eighth Circuit.

  • May 26, 2017

    Fla. Chicken Chain, TCPA Class To Refute Settlement Denial

    Fast-casual chicken restaurant operator Pollo Operations Inc. and a proposed consumer class said Friday they will refute a Florida magistrate judge's denial of a $975,000 settlement over alleged federal Telephone Consumer Protection Act violations, noting that the court can expect to see them file a new request.

  • May 26, 2017

    'Productive' Talks Had On Immigration Order Dispute

    U.S. Department of Justice lawyers and advocates for a proposed class of travelers from seven majority-Muslim countries affected by President Donald Trump’s executive order barring them from entering the U.S. held “productive” talks Friday aimed at resolving a New York lawsuit targeting the immigration order.

  • May 26, 2017

    Calif. Sues Sumitomo In Auto Parts Price Fixing MDL

    The state of California sued Japanese auto parts maker Sumitomo Electric Industries Ltd. and its affiliates Friday as part of a massive multidistrict litigation in Michigan federal court over anti-competitive conduct and price-fixing in the auto parts industry.

  • May 26, 2017

    Hertz Charges Hidden Toll Fees For A Profit, Suit Says

    Hertz fails to notify car renters that its transponders don’t work on all toll roads and then charges consumers large, hidden fees for small, unpaid tolls to generate a profit, according to a putative class action filed Thursday in California federal court.

  • May 26, 2017

    Insurers Needn't Cover Spyware Suits, 9th Circ. Affirms

    The Ninth Circuit on Friday affirmed that subsidiaries of Hartford and Liberty Mutual don't have to cover a pair of lawsuits accusing an Aaron's franchisee of spying on customers through rental computers, finding that all of the underlying allegations either don't fall within the terms of the insurers' policies or are subject to exclusions.

  • May 26, 2017

    4th Circ. Won't Rethink RJ Reynolds Win In $50M ERISA Suit

    The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.

  • May 26, 2017

    Quick Action Denied On Pause To Yahoo Pay Vote Meeting

    A Yahoo Inc. investor was denied expedited handling Friday for a preliminary injunction motion in Delaware Chancery Court seeking to delay an executive pay vote at the company’s June 8 annual meeting if the company doesn’t meet a disclosure demand.

  • May 26, 2017

    Luxury Jeweler Investors Ink $1.1M Deal In Accounting Row

    Investors in Chinese luxury jewelry maker Fuqi International Inc. have reached a $1.1 million deal to put to rest class claims that an accounting firm failed to act on signs that Fuqi had serious internal accounting errors, according to a settlement filing.

  • May 26, 2017

    6th Circ. Puts Nucor Steel Plant Contamination Suit To Bed

    The Sixth Circuit on Thursday affirmed an Ohio district court’s pre-trial decision favoring Nucor Steel Marion, Inc. in a trespass and nuisance lawsuit that alleges the steel company emitted the hazardous chemical manganese onto several properties, saying the landowners don’t have enough evidence to bring a case to the courtroom.

  • May 26, 2017

    J&J's Aveeno Settles 'Natural' Labeling Suit For $6.75M

    Johnson & Johnson will pay $6.75 million and remove an “Active Naturals” label from a line of Aveeno products after consumers complained the name was deceptive since the products contained synthetic ingredients, according to a settlement agreement filed in New York federal court on Friday.

  • May 26, 2017

    Discover's Debt Collector Disclosed Credit Scores: Suit

    Discover Bank and a debt collector it employs publicly filed confidential credit scores of consumers who owed debt without prior permission, a violation of federal consumer protection laws, according to a putative class action filed in Wisconsin federal court on Friday.

  • May 26, 2017

    Objector Must Pay Bond For $15M Fee Appeal In TCPA Action

    An Illinois federal judge will require well-known objector counsel Christopher Bandas to post a bond to appeal the award of nearly $15 million in attorneys' fees for plaintiffs firms in a class action accusing cruise marketing companies of robocalling more than a million people.

  • May 26, 2017

    Texas High Court Says E-Discovery Disputes Need Balance

    Trial courts presiding over electronic discovery disputes must keep in mind that “proportionality is the polestar” and weigh the burden of producing evidence in specialized formats, the Texas Supreme Court said Friday in a State Farm Lloyds discovery row stemming from hailstorm claims.

  • May 26, 2017

    Chipotle Hit With 2nd Suit From Financial Institution Over Hack

    The legal backlash against Chipotle over a late-April data breach continued to mount on Friday, as the second financial institution in less than a month filed a proposed class action in Colorado federal court accusing the restaurant chain of failing to maintain adequate security measures.

  • May 26, 2017

    Illinois Taxi Driver Told To Refile FLSA, State Wage Claims

    An Illinois federal judge Friday told a taxi driver he will need redo his Fair Labor Standards Act and state wage claims in a putative class action alleging his former employer misclassified its drivers as independent contractors.

  • May 26, 2017

    Riddell Football Helmet Buyers Drop Concussion Claims Suit

    The football helmet buyers who accused Riddell Inc. of misleading consumers by claiming it used special technology that could reduce the likelihood of concussions have agreed to drop their putative class action, according to a dismissal stipulation filed Thursday in New Jersey federal court. 

Expert Analysis

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Extending Omnicare Beyond The Section 11 Case

    William Sullivan

    With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Closing The Door On Hybrid Product Defect-Fraud Claims

    Erin Bosman

    Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.