Class Action

  • October 19, 2017

    Wells Fargo Says Derivative Ruling Won’t Help In Class Action

    Wells Fargo & Co. hit back at arguments by a proposed class of shareholders that the success of another suit against the bank gives them a leg up, telling a California federal judge on Wednesday that the other case was wrongly decided and just different enough to be of no legal use to the investors.

  • October 19, 2017

    Investors Lose Bid For 20M Pages Of Docs In Volkswagen MDL

    A California magistrate judge on Wednesday denied investors’ request for more than 20 million pages of documents in multidistrict litigation over Volkswagen AG’s diesel emissions scandal, saying the investors haven’t proven all the documents are relevant to their claims.

  • October 19, 2017

    Ford Fiesta, Focus Transmission Settlement Gets Final OK

    A California federal judge on Wednesday put his final stamp of approval on a class action settlement between Ford Focus and Fiesta drivers and the automaker, overruling objectors and ending a five-year-old lawsuit over allegedly defective transmissions.

  • October 19, 2017

    Zillow Says Consumers' 'Zestimates' Suit Should Be Tossed

    Real estate website Zillow on Wednesday again asked an Illinois federal court to shut down a proposed class action that alleges its “Zestimate” tool misleads customers, saying that a new amended complaint suffers from the same defects that led to a previous dismissal of the suit.

  • October 19, 2017

    Mitsubishi To Pay $1.3M To Settle Conspiracy Claims

    Mitsubishi Electric Corp. has agreed to pay $1.3 million to settle claims in multidistrict litigation alleging a conspiracy to fix prices for truck alternators and starters, according to a filing in Michigan federal court Wednesday.

  • October 19, 2017

    Mercedes-Benz Sold Dangerously Faulty Radiators, Suit Says

    Mercedes-Benz USA LLC sold vehicles with radiators that would unexpectedly break down and damage vehicles' transmissions, putting drivers at risk of physical harm as well as financial injuries, according to a proposed class action removed to Massachusetts federal court Wednesday.

  • October 19, 2017

    Cancer Drug Maker Ends Stock Drop Action, For Now

    A Washington federal judge on Wednesday tossed a shareholder suit claiming a biotechnology company misled investors about the viability of its new leukemia treatment and concealed concerns the drug causes liver damage, finding the investors hadn’t sufficiently alleged the company intended to mislead them, but left the door open for them to amend their complaint.

  • October 19, 2017

    Home Depot Dodges Background Check Suit, Spokeo Cited

    Home Depot on Thursday eluded a proposed class action accusing the retailer of wrongfully obtaining job applicants’ personal information through improper background checks, as a California federal judge found the applicants failed to demonstrate actual harm as required under the U.S. Supreme Court's Spokeo decision.

  • October 18, 2017

    Bayer Seeks To End One-A-Day Labeling Class Action

    Bayer asked a California federal judge Wednesday to toss a putative class action over the labeling of Bayer AG’s One-A-Day vitamins, saying that the whole case rested on the contention the pills had no value, but that he’d gotten the plaintiffs’ own expert to admit the vitamin “is not worthless.”

  • October 18, 2017

    ChinaCast, Creditors Prodded To Settle Insurance Payout Row

    A private equity fund sitting on a $66 million class action judgment against now-bankrupt ChinaCast Education Corp. may be able to sue the debtors’ insurers for payment without stepping on the toes of the company or other creditors, a New York bankruptcy judge observed Wednesday, encouraging the sparring parties to negotiate.

  • October 18, 2017

    Nursing Home Workers Claim Fingerprint Scans Violate Law

    A nursing home was hit with a putative class action in Illinois circuit court on Tuesday by employees who say that compulsory daily biometric scans violate their privacy rights under state law.

  • October 18, 2017

    NYC Driver Says Lyft Unlawfully Deducted Workers' Comp Fee

    A New York City Lyft driver Wednesday filed a putative class action in state court accusing the company of illegally deducting a workers' compensation fee from his and other drivers’ pay.

  • October 18, 2017

    Schwab Clients Ask 9th Circ. To Revive Trade Routing Suits

    Customers suing Charles Schwab Corp. urged the Ninth Circuit Wednesday to revive two proposed class actions alleging the brokerage violated its duty to them by sending trades to UBS Securities when better prices were available elsewhere, arguing the suits are not barred by federal securities law.

  • October 18, 2017

    Bed Bath & Beyond Says Cotton Suit Hangs On Sham Test

    Not all Egyptian cotton is made the same, Bed Bath & Beyond cautioned Tuesday as it moved to quash a proposed class action in Florida federal court from a woman who claims the "100% Egyptian cotton" bedsheets she bought at the store were anything but.

  • October 18, 2017

    Restaurant Asks 11th Circ. To Toss Objection To Card-Fee Deal

    Restaurant chain Champs Sports Bar & Grill Co. urged the Eleventh Circuit on Tuesday to toss an objection to its $52 million settlement ending claims that a payment processing company charged restaurants and retailers bogus fees, arguing that the serial objector who filed the appeal hasn’t even shown he’s a class member.

  • October 18, 2017

    3rd Circ. Revives Eyedrop Users' Action Over Dosage Size

    The Third Circuit on Wednesday revived a putative class action accusing Merck and other drug companies of boosting eyedrop sales by using bottles that dispense larger-than-needed doses, saying the suing consumers had shown harm and did have standing.

  • October 18, 2017

    Urban Outfitters Hit With Wave Of OT Claims After Decert.

    A Massachusetts Urban Outfitters Inc. department manager is the latest of at least eight individuals to bring separate suits against the company over claims that it shorts workers on overtime pay, after a New York federal judge decertified a collective action last month.

  • October 18, 2017

    Investors Take Second Pass At Cert. In $1B RMBS Suit

    Investors tweaked their class certification bid Tuesday in their suit against Bank of New York Mellon Corp. over $1.12 billion in residential mortgage-backed securities, adding a time constraint to the class definition after a New York federal judge denied their first attempt for being too vague.

  • October 18, 2017

    2nd Circ. Won't Revive Ex-Faruqi Atty's Commissions Suit

    A Second Circuit panel on Wednesday torpedoed a former Faruqi & Faruqi LLP partner’s bid for a cut of $4 million the firm had earned on a settlement for a client she'd brought in, ruling that a New York federal judge hadn’t erred in concluding her oral compensation agreement with the firm wasn’t enforceable under state law.

  • October 18, 2017

    Workers Say Lincare Exposed Their Data In Phishing Email

    Lincare Holdings Inc. inadvertently disclosed its workers’ personal information to someone pretending to be a company executive, potentially exposing some of its 14,000 employees to identity theft and other financial harm, a proposed nationwide class of workers has alleged in Florida federal court.

Expert Analysis

  • CalPERS Suit Marks Another Loss For Multiclass Stock Plans

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    The recent case of California Public Employees' Retirement System v. IAC/InterActiveCorp illustrates how institutional investors can use litigation to successfully protect their voting rights. Combined with recent pushback from the S&P, this case should make founders considering nonvoting stock issuances think twice, say attorneys with Bernstein Litowitz Berger & Grossmann LLP.

  • Reliability Of 'Price Premium' Calculations In Class Actions

    Jon Tomlin

    The evaluation of price premium models by trial courts will be critical in determining the success of current consumer class actions and the prevalence of future consumer class actions. However, many recently proposed price premium models have fallen short of meeting the economic requirements of a reliable price premium calculation, says Jon Tomlin of Navigant Consulting.

  • Wage And Hour Takeaways From Proposed TGI Friday's Deal

    David Miller

    A proposed $19.1 million deal to settle wage-related class claims affecting up to 28,800 employees of TGI Friday's was big news. Big news, that is, until a New York federal court quickly sent the parties back to the drawing board. The proposed settlement and the court’s reaction to it point up a number of hot spots in wage and hour suits, says David Miller of Bryant Miller Olive.

  • What Duties Do Lead Lawyers Owe MDL Plaintiffs?

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    Do lead lawyers have fiduciary obligations to individual plaintiffs in multidistrict litigation who have no direct attorney-client relationship with them? That’s the question at the heart of a recent opinion by U.S. District Judge David Herndon in the Yazmin/Yaz litigation, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • An Inch, 3% Or 10 Calories: Which Is Material?

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    Class plaintiffs often accuse food manufacturers of misrepresenting their product offerings. There are many examples of discrepancies seized on by the plaintiffs bar between what the manufacturer advertised and what the consumer received. But as three recent cases demonstrate, proving a material misrepresentation can be challenging, says Reena Bajowala of Jenner & Block LLP.

  • Mitigating Securities Litigation Risk From Software Problems

    Gerard Pecht

    Public companies can face significant securities litigation risk over defective algorithms, data errors and software glitches. Even companies that follow best practices in software development can face liability for unexpected problems if they do not also follow best practices from a disclosure standpoint, say Gerard Pecht and Peter Stokes of Norton Rose Fulbright.

  • 10th Circ. Offers FLSA Insight On Preshift Task Payment

    Lisa Hogan

    In Bustillos v. Board of County Commissioners of Hidalgo County, the Tenth Circuit recently provided more nuanced guidance regarding the compensability of preshift tasks under the Fair Labor Standards Act, especially in situations where employees are regularly required to show up early or work off the clock, say Lisa Hogan and Martine Wells of Brownstein Hyatt Farber Schreck LLP.

  • Next Round Of Water Contamination Suits May Involve CWA

    Seth Kerschner

    Manufacturing facilities that produced and used perfluorinated chemicals are already targets of plaintiffs attorneys. Now, current and former military aviation installations may be next, as these military sites could be subject to Clean Water Act litigation risk concerning PFCs used in firefighting foam, say Seth Kerschner of White & Case LLP and Zachary Griefen of the Conservation Law Foundation.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.