Class Action

  • October 20, 2017

    Xarelto Users Taking First Two Trial Losses To 5th Circ.

    Two consumers who lost bellwether trials claiming Bayer HealthCare Pharmaceuticals Inc. and Janssen Pharmaceuticals’ bloodthinner Xarelto causes unstoppable bleeding have told a Louisiana federal court that they’re going to appeal a handful of orders and the final judgments to the Fifth Circuit.

  • October 20, 2017

    DC Circ. Won't Block $380 Million Payout From USDA Deal

    Judges from the D.C. Circuit on Thursday refused to put on hold a decision that would allow redistribution of $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • October 20, 2017

    Banks Want Newest Round Of SIBOR-Rigging Suit Dismissed

    Dozens of banks that have been accused of manipulating the Singapore Interbank Offered Rate and another key rate have asked a New York federal judge to toss the newest version of the lawsuit against them, saying the proposed class representatives don’t even exist anymore.

  • October 20, 2017

    Papa John's Franchisee Drivers' Wage Suit Moves To NY

    A proposed class action accusing a Papa John’s franchisee of violating minimum wage laws by reimbursing pizza delivery drivers less for car-related costs than they are owed was transferred Thursday from Virginia to the Southern District of New York, where a similar case is underway.

  • October 20, 2017

    Avis Settles TCPA Class Action Over Text Messages

    A New York car renter has settled his proposed nationwide class action accusing Avis Rent A Car of violating the Telephone Consumer Protection Act by sending consumers automated text messages without seeking consent, both sides told a New Jersey federal judge on Thursday.

  • October 20, 2017

    Schiff Hardin Hires Squire Patton Product Liability Atty

    A former federal prosecutor and Squire Patton Boggs LLP partner, who helped defend Mercedes-Benz USA LLC during a product liability class action over allegedly malfunctioning seat heaters, has joined Schiff Hardin LLP.

  • October 19, 2017

    Ace Insurance Gets Nod For $9.8M TCPA Class Settlement

    A Florida federal judge on Wednesday approved a $9.76 million settlement that Chubb Ltd. unit Ace American Insurance will pay to end a consumer class action accusing it of placing calls to numbers on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

  • October 19, 2017

    Credit Suisse Unit Must Face Mortgage Interest Suit

    A California federal judge refused to grant a quick win Wednesday to a Credit Suisse-owned mortgage servicing company in a lawsuit accusing it of misreporting interest paid by its customers, saying the proposed class action alleged sufficient injuries to proceed.

  • October 19, 2017

    US Bank Loses Discovery Sanctions Bid Against Royal Park

    A New York federal judge on Thursday denied U.S. Bank's bid to preclude Royal Park Investments from damages and from representing a putative class suing over allegedly toxic residential mortgage-backed securities, saying Royal Park’s discovery delays didn’t merit such measures, because its tactics hadn’t prejudiced U.S. Bank.

  • October 19, 2017

    Owners Want Airbnb Told To Stop Rentals In Their Buildings

    The owners of several residential apartment buildings asked a California federal court Wednesday to block Airbnb from allowing their tenants to rent out apartments on its website, saying they will likely prevail on claims that rowdy guests are costing them money and disturbing residents, harms that will continue without the court’s assistance.

  • October 19, 2017

    Ashley Furniture Ducks Suit Over DuraBlend Marketing

    A Massachusetts federal judge on Wednesday rejected claims from a proposed class of consumers that Ashley Furniture’s DuraBlend sofa line tricked them into thinking it was “a durable leather product” when it actually “peels and disintegrates,” finding that “DuraBlend” is nothing more than marketing puffery.

  • October 19, 2017

    Garland OKs Livestream In Teen's DC Circ. Abortion Case

    The D.C. Circuit will livestream oral arguments Friday for the first time in over a decade after Chief Judge Merrick Garland granted a request from a judicial transparency group in a case over an immigrant teen seeking an abortion, the group’s director said Thursday.

  • October 19, 2017

    Long Beach To Spend $180M On Walkways To Settle ADA Row

    A California federal judge signed off on a settlement worth more than $180 million between the City of Long Beach, California, and a class of residents with disabilities, ending an Americans with Disabilities Act lawsuit alleging the city's non-accessible sidewalks are discriminatory toward people in wheelchairs.

  • October 19, 2017

    MGM, Live Nation Sued Over Las Vegas Shooting, Security

    Mandalay Bay, MGM and Live Nation are facing a putative class action filed in California court that accuses the venue and organizers of the Route 91 Harvest country music festival of failing to provide sufficient security the night of the deadliest mass shooting in recent U.S. history.

  • October 19, 2017

    Alta Mesa Agrees To Pay $4.57M To Settle Gas Royalty Row

    A putative class of royalty owners asked an Oklahoma federal judge on Wednesday to approve a settlement agreement that would require gas producer Alta Mesa to pay $4.57 million to end claims it underpaid royalties on gas wells in the state by taking improper deductions.

  • October 19, 2017

    Bid In Harassment Suit To Stop Ford's EEOC Deal Notice Fails

    An Illinois federal judge Wednesday refused a request by Ford Motor Co. workers in a putative class action against the company for alleged sexual harassment to stop the auto giant from sending out notices of its settlement of similar claims by the U.S. Equal Employment Opportunity Commission, saying they hadn’t met the legal requirements.

  • October 19, 2017

    3rd Circ. Ends Mary Kay Workers' Forced Merchandise Suit

    The Third Circuit on Thursday denied a former Mary Kay beauty consultant's effort to revive a proposed class action accusing the company of forcing her and other independent contractors to purchase company merchandise, finding she had failed to counter contract language directing disputes to Texas court.

  • October 19, 2017

    Fitness Chain Strikes Deal With Trainers In Wage Suits

    Life Time Fitness Inc. and personal trainers who claimed the company’s policies forced them to work off the clock asked an Illinois federal court Wednesday to approve $940,000 in settlements to end the trainers' lawsuits.

  • October 19, 2017

    Latte Drinkers Say Starbucks Can't Dodge Underfilling Suit

    A putative class of Starbucks drinkers has asked a California federal judge to reject the coffee company’s bid to duck their suit alleging it underfilled lattes and mochas, arguing that discovery is incomplete and what information consumers do have suggests their allegations are true.

  • October 19, 2017

    Coca-Cola Can't Shake Seagram's Ginger Ale False Ad Suit

    A California federal judge on Wednesday refused to toss a putative class action alleging The Coca-Cola Co. deceptively labeled its Seagram's Ginger Ale product as being "made with real ginger," finding the argument that the product's natural flavors may have been derived from ginger root wasn't enough to kill the case.

Expert Analysis

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Evaluating 'Loser Pays' Clauses In Arbitration Agreements

    Brian Laliberte

    Several recent judicial decisions have considered the validity of “loser pays” and cost-shifting clauses in arbitration agreements. The most compelling arguments have invoked unconscionability and overriding public policy considerations, but even where courts have rejected those arguments, their decisions reveal how to successfully attack such clauses, says Brian Laliberte of Tucker Ellis LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • The End May Be Nigh For FACTA Claims

    John Papianou

    Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to truncate credit card numbers under the Fair and Accurate Credit Transactions Act. However, the dismissal of Gesten v. Burger King indicates a shift away from the generous reading of Spokeo that Eleventh Circuit plaintiffs have enjoyed, say John Papianou and Erin Novak of M... (continued)

  • Impact Of CalPERS V. ANZ Beyond The Securities Act

    Daniel Brockett

    The U.S. Supreme Court's pivotal Securities Act decision in California Public Employees’ Retirement System v. ANZ Securities left open many thorny issues about the application of the American Pipe doctrine that have received less attention. Further, lower courts are already applying perceived lessons about timeliness to questions beyond American Pipe, say attorneys with Quinn Emanuel Urquhart & Sullivan LLP.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • How Bristol-Myers Squibb May Transform Class Actions

    Richard Dean

    In her dissent from the U.S. Supreme Court's holding in Bristol-Myers Squibb, Justice Sonia Sotomayor foresaw several major implications of the verdict. Now her prediction of plaintiffs having to sue defendants in multiple jurisdictions to recover for a single injury seems not only possible, but probable, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Assessing Constitutional Constraints On Immigrant Detention

    Ava Benach

    Jennings v. Rodriguez — which questions whether the U.S. Constitution allows for open-ended and limitless mandatory detention of an immigrant without a hearing — made its way to the U.S. Supreme Court for the second time last week. During a spirited oral argument, the justices seemed to suggest that there are constitutional constraints on the government’s ability to detain immigrants, says Ava Benach of Benach Collopy LLP.

  • Good And Bad News For Massachusetts Life Sci, Health Cos.

    Caroline Bullerjahn

    Life sciences and health care companies nationwide are being sued by shareholders far more frequently this year, but the good news for such companies in Massachusetts is that after several years of issuing no significant decisions in securities class actions, the First Circuit has now issued several favorable dismissals, say Caroline Bullerjahn and Deborah Birnbach of Goodwin Procter LLP.