Class Action

  • March 16, 2018

    Safeway’s Olive Oil False Ad Deal OK'd, Attys Get $1.4M

    A California judge said Friday she’ll approve Safeway’s settlement that provides a class of store-brand olive oil buyers with a $1.50 voucher or 50 cents cash and awards their attorneys $1.42 million in fees and expenses, resolving allegations the grocery store chain falsely labeled olive oil as “imported from Italy.”

  • March 16, 2018

    Fiat Chrysler, Bosch Must Face EcoDiesel Emissions MDL

    Fiat Chrysler and Bosch must face consumers’ fraud and racketeering claims in multidistrict litigation in California over Jeep and Ram diesel trucks allegedly outfitted with emissions-cheating devices, a federal judge ruled late Thursday.

  • March 16, 2018

    Miami Renter Battles Condo Association Over Fees

    A putative class of renters battling a Miami condominium association over purportedly illegal application and move-in fees argued Friday over whether a reference in the association’s bylaws to compliance with the Florida Condominium Act is enough to show the association knew it was violating the law.

  • March 16, 2018

    Smuckers Subsidiary Sued Over Drug In Dog Food

    A New York dog owner filed a putative class action in federal court on Friday against the Smucker's-owned company that make Kibbles 'n Bits dog food, claiming the food was falsely touted as safe even though it was contaminated with a drug used to euthanize animals.

  • March 16, 2018

    Delta Flight Attendants Urge 9th Circ. To Revive Wage Suit

    A putative nationwide class of Delta flight attendants asked a Ninth Circuit panel Friday to revive allegations they aren’t compensated on an hourly basis for all their work, arguing that under California law they should be compensated for work performed on the ground in the Golden State before and after flights.

  • March 16, 2018

    Ill. Lottery Manipulation Suit Will Stay In Federal Court

    Consumers and retailers suing Illinois' former lottery manager for allegedly misrepresenting the odds of winning scratch-off games cannot return to state court, as federal jurisdiction applies even if they have no injury to sue over under the Spokeo standard, a judge found Friday.

  • March 16, 2018

    Morningstar, Prudential Flee RICO Claim Over Robo-Adviser

    Morningstar Inc. and two Prudential Financial Inc. retirement-focused subsidiaries escaped a racketeering suit claiming the three colluded to steer investors toward high-cost investment options with a robo-adviser, after an Illinois federal judge Friday said a plan participant who is lobbing those claims failed to allege that the companies were running an unlawful enterprise.

  • March 16, 2018

    BofI Gets Early Exit From Securities Class Action

    A California federal judge on Thursday tentatively dismissed with prejudice the latest attempt by investors to sue the holding company of BofI Federal Bank for allegedly making false or misleading statements to the public, finding the investors still hadn’t linked stock value losses to the alleged misrepresentations.

  • March 16, 2018

    Consumer Drops Morton Williams ADA Row After Inking Deal

    A consumer on Thursday dropped her New York federal suit claiming that supermarket chain Morton Williams violated the Americans with Disabilities Act by failing to make its website accessible to blind or visually impaired users, after counsel for both sides said they had reached a confidential settlement.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    Supervalu Fights Cert. For Boston Grocers In Antitrust MDL

    A group of Boston-area grocers has offered no new evidence to warrant them being given class certification in antitrust multidistrict litigation accusing Supervalu Inc. and C&S Wholesale Grocers Inc. of an agreement not to compete for customers in certain states, Supervalu told a Minnesota federal judge Thursday.

  • March 16, 2018

    Robocall Class Fights Walmart's Bid To Escape TCPA Suit

    A proposed class of cellphone owners mistakenly robocalled by a law firm collecting unpaid shoplifting debts for Walmart asked a Florida federal judge Thursday to dismiss the retail giant's bid to toss the suit alleging violations of the Telephone Consumer Protection Act, saying it’s responsible for the calls.

  • March 16, 2018

    Wells Fargo’s $27.5M Calif. Wage Deal Gets Final OK

    A California judge said Friday she’ll approve Wells Fargo Bank NA’s $27.5 million settlement resolving a consolidated action brought by the bank’s hourly Golden State bankers and sales representatives, who claim they were required to work more than 40 hours a week without overtime pay and were shorted meal breaks.

  • March 16, 2018

    Investors Push To Consolidate Intel Stock-Drop Suits

    A pension fund pushed to consolidate and then lead two proposed class actions alleging Intel Corp. knew but failed to disclose the existence of two security flaws that sent its stock crashing, telling a California federal court Thursday that the disputes are identical and the fund has suffered the greater damages.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    States Must Fill Void Created By CFPB Regulatory Vacuum

    Brian Kabateck

    Our nation’s most aggressive consumer watchdog, the Consumer Financial Protection Bureau, has essentially been muzzled. It is now, more than ever before, incumbent upon states and their legislatures to ensure that their citizens are protected from unscrupulous financial institutions who only care to protect their bottom line, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Strategies For FCRA Employment Class Actions: Part 1

    Excerpt from Lexis Practice Advisor
    James Boudreau

    Employers’ increased use of various consumer reports coupled with the Fair Credit Reporting Act’s highly technical requirements has led to an uptick in employment-related FCRA class actions. In part 1 of this two-part article James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss the most common types of claims in this area and response strategies.

  • 3 Data Challenges In Wage And Hour Damages Analysis

    Christine Davis

    In January 2018 alone, 679 lawsuits alleging violations of the Fair Labor Standards Act were filed in district courts in the United States, and virtually all were collective actions. Christine Davis and Leonore Ralston of OnPoint Analytics discuss common data-related challenges that can emerge when analyzing wage and hour claims.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Finding Reason In The 'Reasonable Consumer'

    Anthony Anscombe

    A California federal judge recently granted summary judgment to Starbucks after a plaintiff claimed to have been defrauded because his latte contained foam, a victory for “reasonable consumers” and an opportunity to review the reasonable consumer standard to help focus arguments at all stages of class litigation, say Anthony Anscombe and Darlene Alt of Steptoe & Johnson LLP.

  • Using The Purchase Funnel To Analyze Consumer Behavior

    Nikita Piankov

    In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.

  • The Securities Law Questions Raised By #MeToo

    Deborah Birnbach

    Although companies often do not disclose internal or government investigations generally, and there are no cases obligating disclosure of sexual harassment investigations specifically, companies are not impervious to litigation for failing to disclose such information, or for breach of fiduciary duty in connection with tolerating sexual harassment, say attorneys with Goodwin Procter LLP.