Class Action

  • March 16, 2018

    6th Circ. Won't Revive TVA Retirees' Reduced Benefits Case

    The Sixth Circuit on Friday rejected a bid by beneficiaries of the Tennessee Valley Authority and its retirement system to revive a suit alleging plan administrators made improper changes to a defined benefits plan, saying in part that administrators gave adequate notice of benefit cuts.

  • March 16, 2018

    Stock-Drop Suit Targeting HeartWare Survives Dismissal Bid

    A Manhattan judge declined to toss a fraud action targeting medical device maker HeartWare International Inc. Friday, holding that former workers, who said the company didn't come clean about problems with its flagship heart pump product, gave plausibility to claims that investors were misled.

  • March 16, 2018

    Former PLX CFO Won't Be Compelled To Testify At Del. Trial

    A former executive of PLX Technology Inc. will not be compelled to testify at an upcoming trial over the company’s 2015 sale after a Delaware state court judge determined he didn’t have the jurisdiction to require the executive’s appearance.

  • March 16, 2018

    Sunoco Faces Class Action Over Pa. Pipeline Work Damage

    The owners of two suburban Philadelphia homes launched a class action against Sunoco Inc. on Thursday alleging that construction of the company’s controversial Mariner East 2 pipeline caused significant property damage and left them at risk of possible catastrophic explosion.

  • March 16, 2018

    DC Circ. Won't Rethink Freedmen Descendants' DOI Suit

    The D.C. Circuit on Friday stood by its recent refusal to revive a proposed class action brought by descendants of slaves held by Native American tribes, who claimed the U.S. Department of the Interior owes them royalties from land granted to their ancestors.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    9th Circ. Saves OnStar Consumer's Suit From Arbitration

    A federal appeals court resuscitated a potential class action against General Motors unit OnStar LLC on Thursday, saying the case couldn’t be sent to arbitration because the lead plaintiff didn’t really know she was agreeing to arbitrate when she signed up for OnStar.

  • March 16, 2018

    Pepsi’s 'Diet' Claims Not Preempted, NY Consumers Say

    Consumers accusing Pepsi-Cola Co. of misrepresenting that its “diet” drinks help with weight loss have asked a New York federal court to keep their proposed class action alive because a California court determined last month that similar claims are not in fact preempted by federal law, as PepsiCo has argued.

  • March 16, 2018

    DC Circ. Partly Strikes Down FCC's TCPA Expansion

    The D.C. Circuit in a long-awaited ruling Friday narrowed a 2015 Federal Communications Commission order that expanded the scope of the Telephone Consumer Protection Act, striking down the commission's definition of autodialer and strict conditions for calling reassigned numbers while upholding consumers' broad leeway to revoke consent.

  • March 15, 2018

    P&G Can’t Wash Off Suit Over Staining Tide Pods

    A New York federal judge kept alive Wednesday the bulk of a proposed class action accusing Procter & Gamble Co. of selling defective single-load laundry packets that stain rather than clean clothes, but tossed product liability claims from the suit.

  • March 15, 2018

    Blucora Investor Defends Suit Over Costly Acquisitions

    An investor in tax and finance software venture Blucora Inc. argued late Wednesday that company directors were too conflicted to fairly consider and take up the claims in his multicount, derivative suit alleging duty breaches and self-interested board conduct in two costly acquisitions and other deals.

  • March 15, 2018

    Yelp Can't Shake TCPA Suit Over Calls, Consumer Says

    A consumer leading a proposed class action accusing Yelp Inc. of making unauthorized telemarketing calls blasted the company’s bid to exit the suit Wednesday in California federal court, saying he doesn’t have a business relationship with the company that would exempt it from liability under the Telephone Consumer Protection Act.

  • March 15, 2018

    Sanden's $2.4M Deal With Auto Dealers Gets Judge's 1st OK

    A Michigan federal judge on Thursday granted preliminary approval to auto equipment maker Sanden's $2.4 million settlement with a proposed class of auto dealers who have accused the company of conspiring with other manufacturers to fix prices for vehicle air conditioning systems.

  • March 15, 2018

    Visa, AmEx, Others Duck Cert. In Chip Fraud Risk Suit

    Discover, Visa, MasterCard and American Express have for now thwarted class certification in a suit alleging they colluded to shift fraud risk onto retailers during the U.S. rollout of microchip-enabled credit cards, as a New York federal judge voiced dissatisfaction with “arbitrary” proposed time periods during which the alleged actions occurred.

  • March 15, 2018

    Big Banks Win Dismissal In Indirect Forex Manipulation Suit

    A New York federal judge on Thursday tossed an antitrust suit from small-time forex investors against more than a dozen big banks accused of rigging wholesale foreign exchange markets, ruling that the allegations are too vague.

  • March 15, 2018

    Dish Again Loses Bid To Trim TCPA Class Owed $61M

    Dish Network cannot get reconsideration of its bid to trim a class of thousands of consumers in a Telephone Consumer Protection Act class who are due a $61 million judgment, with a North Carolina federal judge saying Wednesday the challenge to the class members came too late.

  • March 15, 2018

    Investors Dig For Cert. In Rent-A-Center Stock Drop Fight

    A group of Rent-A-Center Inc. investors asked for class certification Wednesday in their suit alleging the furniture giant's stock tanked after a slew of hidden problems with a new system for sales transactions were revealed, telling a Texas federal judge they presumptively relied on the company's misstatements and omissions when making trading decisions.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

  • March 15, 2018

    Insurers Reach Deal To End Cancer Benefits Class Action

    Washington National Insurance Co. and Conseco Health Insurance Co. told a federal judge Wednesday that they have agreed to settle a proposed class action from two West Virginia residents who claimed the insurers wrongfully denied them benefits under a cancer policy.

  • March 15, 2018

    Capgemini Workers Nab Class Cert. In Health Benefits Row

    An Illinois federal judge certified a class of current and former Indian national employees of Capgemini North America Inc. for most of their claims Wednesday in a lawsuit alleging the consulting firm cheated the workers out of health insurance benefits.

Expert Analysis

  • Delaware Court Weighs In On Board Deliberation Disclosures

    Brad Davey

    The Delaware Supreme Court's decision in Appel v. Berkman represents the first time the court has reversed the Court of Chancery's dismissal based on stockholder approval of a transaction pursuant to Corwin v. KKR. This decision raises important questions regarding the required disclosure of board deliberations, say Brad Davey and Matthew Belger of Potter Anderson Corroon LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

  • Why Sexual Harassment Victims Face Class Action Hurdles

    Daniel Messeloff

    The #MeToo movement continues to gain momentum, but before a wave of litigation can ensue, the federal government and the U.S. Supreme Court will need to revisit the question of arbitration clauses in employment contracts. Even then, there will still be hurdles to establishing class claims for sexual harassment, say Daniel Messeloff and Emily Knight of Tucker Ellis LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Avoiding The Pitfalls Of Pre-Employment Background Checks

    Alicia Samolis

    A Florida federal judge recently allowed a class action to proceed against Amazon, on allegations that the company engaged in unfair pre-employment background check practices. The case highlights that even the most sophisticated employer can struggle with the varied and highly technical laws that govern this common employer function, say Alicia Samolis and Matthew Mitchell of Partridge Snow & Hahn LLP.

  • Why 2nd Time Was Not The Charm For Baby Food Class Cert.

    Alexandra Laks

    On remand from the Ninth Circuit, a federal district court in California last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. The decision demonstrates that the bar for class certification in the food misbranding context remains high, even in the wake of appellate decisions favorable to plaintiffs, says Alexandra Laks of Morrison & Foerster LLP.

  • Strategies For FCRA Employment Class Actions: Part 2

    Excerpt from Lexis Practice Advisor
    James Boudreau

    The Fair Credit Reporting Act lends itself well to class litigation because it provides for statutory damages and attorneys' fees. In the final part of this article, James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss several aspects of FCRA-related employment litigation including challenges connected to discovery, depositions and summary judgment.

  • Class Action Lawyers Behaving Badly

    Thomas Dickerson

    In prosecuting and defending class actions, a conservative, ethical and salutary approach should be taken by all parties. Unfortunately, a survey of recent cases reveals a wide range of problematic behavior by certain class action attorneys, which only lends credence to criticisms of the class action concept, says retired judge Thomas Dickerson.

  • Jurisdiction Issues Dog Multistate Class Actions

    Michael Leffel

    Relying on the U.S. Supreme Court's 2017 Bristol-Myers Squibb ruling, the Northern District of Illinois recently rejected a putative nationwide class action in DeBernardis v. NBTY Inc. Federal appeals courts will likely soon weigh in on such attempts to preclude multistate class actions on jurisdictional grounds, say Michael Leffel and Aaron Wegrzyn of Foley & Lardner LLP.

  • Trend Against Disclosure-Only Settlements Continues

    Scott Barshay

    A New York state court’s recent decision in City Trading Fund v. Nye demonstrates that even under the state's less exacting Gordon standard, disclosure-only settlements will not be approved simply as a matter of course. The decision adds to a nationwide trend of courts acting to discourage frivolous claims in public company M&A situations, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.