Class Action

  • 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.

  • October 18, 2017

    Time Warner Ducks Remnants Of Meal Break Suit

    A California federal judge on Tuesday threw out what was left of a proposed class action accusing Time Warner Cable Inc. of forcing dispatchers to work through meal and rest breaks, concluding that the named plaintiffs, moving forward after class certification was denied, couldn't show they were denied breaks.

  • October 18, 2017

    Bridgestone To Pay $9M To Exit Auto Parts Price-Fixing Suit

    Tire maker Bridgestone Corp. has agreed to pay $9.36 million to settle claims in multidistrict litigation over an alleged price-fixing scheme for certain rubber parts, the company said Tuesday in Michigan federal court.

  • October 18, 2017

    9th Circ. Gives Renfroe New Shot At Arbitrating Wage Row

    E.A. Renfroe & Co. Inc., a company that helps insurers manage claims during disasters, will get another shot at forcing a proposed wage-and-hour class action into arbitration after a Ninth Circuit panel ruled Tuesday a district judge jumped the gun in nixing an arbitration agreement in its entirety, as some parts are severable.

Expert Analysis

  • 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.

  • Fail-Safe Class Doctrine Helps Identify Weak TCPA Classes

    J. Marx Headshot.jpg

    In the last five years, federal courts have begun denying class certification for so-called "fail-safe" classes, limiting class action rules as a means of vindicating Telephone Consumer Protection Act claims. What appears to be a weird quirk of various procedural rules ultimately helps to prevent the use of class action rules when they are not appropriate, says Jared Marx of Harris Wiltshire & Grannis LLP.

  • The Link Between Work Environments And Harassment Risk

    Murat Kayali

    Recently, Yellowstone National Park’s superintendent announced that he would be taking disciplinary action against 10 park employees after an investigation found that female employees at the park had been victims of sexual harassment. The problems at the National Park Service draw attention to issues that confront employers and employees located in remote areas, says Murat Kayali of Katz Marshall & Banks LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Practical Considerations For Litigating Against SPVs

    Matthew Ingber

    In the wake of the financial crisis, many lawsuits seeking to recover damages for alleged investment losses have been filed by special-purpose vehicles. Litigation practitioners will benefit from a practical consideration of the strengths and weaknesses of these entities in formulating an overall litigation strategy, say attorneys with Mayer Brown LLP.

  • Class Waiver Oral Arguments Show Room For Compromise

    Scott Oswald

    Following arguments Monday at the U.S. Supreme Court, the outcome of Epic Systems Corp. v. Lewis and its two consolidated cases is a toss-up. A 5-4 pro-employer decision may be the safe bet, but the court showed tantalizing signs that it could reach a broader consensus, says Scott Oswald of The Employment Law Group.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • 3 Considerations For Class Action Notice Brand Safety

    Jeanne Finegan

    After several large companies recently found their digital brand ads appearing next to deplorable content, brand safety and ad fraud are hot-topic issues that can tar brands in the digital environment — and these issues also extend to class action notice, says Jeanne Finegan, president and chief media officer of HF Media LLC.