Class Action

  • October 12, 2017

    Campbell-Ewald Cuts Need For Class Cert. Bid In TCPA Row

    A North Carolina federal judge on Wednesday rejected an early request for class certification in a suit accusing a global medical therapy provider of sending unsolicited junk faxes, ruling that the placeholder motion was unnecessary given the U.S. Supreme Court’s refusal to endorse individual plaintiff “pick-offs” in its Campbell-Ewald decision.

  • October 12, 2017

    Fresh & Easy Settles Employee Firing Claims For $2.2M

    The liquidating trust for grocer Fresh & Easy has agreed to pay a claim of $2.2 million to settle putative class actions brought by about 900 California workers who said they found themselves jobless without warning, according to a joint motion filed Wednesday in Delaware bankruptcy court.

  • October 12, 2017

    Caddies Ask 9th Circ. For Mulligan In PGA Tour Bib-Ads Suit

    Golf caddies urged the Ninth Circuit at a hearing Thursday to revive their proposed antitrust class action accusing PGA Tour Inc. of exploiting them as "walking advertisements," saying the lower court erred by using evidence outside their complaint to interpret their contracts without giving them a fair shot at responding.

  • October 12, 2017

    Airline Cargo Co. Hit With Suit Over Biometric Collection

    An airline cargo handling company was hit with a proposed class action in Illinois state court Wednesday that alleges it violates the state’s stringent Biometric Information Privacy Act by storing employees’ fingerprints as part of its time-keeping system without consent.

  • October 12, 2017

    Mastro's Busers Hit Restaurant With Class Action Over Tips

    Busers and other employees whose pay includes tips taken from a pool collected by servers at the Chicago location of chain steakhouse Mastro's sued the restaurant in Illinois state court Wednesday, claiming Mastro's illegally retains a portion of the pooled tips. 

  • October 12, 2017

    Del. Justices Nix Revival Of $1B IHeartMedia Debt Suit

    Delaware's Supreme Court refused Thursday to revive an investor's derivative claim that Clear Channel Outdoor Holdings' directors breached their duty to the company by failing to seek repayment of $1 billion in debts owed by majority owner iHeartMedia.

  • October 12, 2017

    Class Fights Objections To $740M Takata Air Bag Deals

    Class counsel representing Toyota, Subaru, Mazda and BMW owners suing the automakers for installing dangerously defective Takata Corp. air bags urged a Florida federal court Wednesday to ignore objectors and finalize settlements worth $740 million.

  • October 12, 2017

    Dow Pollution Class Attys Tell 10th Circ. They Deserve Fees

    Three individual class counsel who say they were denied a share of the $150 million in fees for their part in a $375 million settlement with Dow Chemical Co. and another company in a nuclear pollution lawsuit told the Tenth Circuit on Wednesday that it can rule on their claims.

  • October 12, 2017

    Deutsche Says It Can Fund Defense From Disputed Trusts

    Deutsche Bank National Trust Co. on Tuesday urged a New York federal judge to toss a proposed class action alleging that it’s improperly dipping into 10 residential mortgage-backed securities trusts it oversees to pay for its defense in a separate suit brought over its handling of those same trusts.

  • October 12, 2017

    Dimension Investor Sues To Block $151M Ultragenyx Merger

    A Dimension Therapeutics Inc. shareholder urged a Massachusetts federal court Wednesday to block Ultragenyx Pharmaceutical Inc.’s proposed $151 million acquisition of the company, alleging Dimension withheld material information from the U.S. Securities and Exchange Commission and is undercutting investors’ share of the profits.

  • October 12, 2017

    8th Circ. Panel Hands US Bank Win In ERISA Suit

    The majority of an Eighth Circuit panel on Thursday backed a lower court’s dismissal of a suit from two U.S. Bank retirees challenging the management of a defined benefit pension plan, saying the plan has become overfunded.

  • October 12, 2017

    7th Circ. Won't Revive Payors' Depakote Suit Against Abbott

    The Seventh Circuit declined Thursday to revive a proposed class action filed by welfare-benefit plans that claim they were ripped off when Abbott Laboratories Inc. illegally marketed its epilepsy drug Depakote for off-label uses, saying the tie between the marketing and the payors was too tenuous.

  • October 12, 2017

    LendingClub Investors Poised To Win Cert. Over Objections

    A California federal judge Thursday said he will likely certify a class of LendingClub Corp. investors who allege the peer-to-peer lending company hid defects in its internal controls before and after its $1 billion initial public offering, over objections from both the company and investors pursuing separate state law claims.

  • October 12, 2017

    Mass. Ruling Doesn't End NJ Eyedrops Case, 3rd Circ. Told

    A potential class of eyedrops users alleging generic-drug makers such as Sandoz Inc. boosted prescription sales by using bottles that dispensed larger-than-needed drops told the Third Circuit Wednesday that a suit tossed in Massachusetts shouldn't end theirs.

  • October 12, 2017

    Toyo To Pay $11.4M To End Auto Parts Price-Fixing Suit

    Toyo Tire & Rubber Co. Ltd. will pay $11.4 million to settle automobile dealers’ claims in multidistrict litigation alleging it colluded with automotive manufacturers, marketers and sellers to fix prices for certain rubber parts, according to a Michigan federal court filing Thursday.

  • October 12, 2017

    Investors Want $152M In Libor Settlements Approved

    Exchange-based investors told a New York federal judge on Wednesday that they want approval of $151.9 million in settlements reached with several banks in multidistrict litigation that alleges a sprawling scheme to manipulate the London Interbank Offered Rate benchmark.

  • October 12, 2017

    June Trial Brews Over Kiss Rockers’ Eatery Meal Break Claims

    A California judge has concluded that Rock & Brews, a restaurant chain that counts two Kiss members as its founders, hasn’t conclusively demonstrated that an alleged practice of giving employees forms to waive meal breaks complies with the law, scheduling a trial in June over a former waitress’ experience at an El Segundo location.

  • October 12, 2017

    6th Circ. Revives FLSA Suit Over Retailer’s 'Draw' Pay System

    The Sixth Circuit on Thursday revived a lawsuit accusing electronics and appliance retailer hhgregg Inc. of having an illegal commission-based pay system for sales employees, saying that a proposed class of workers can pursue claims that certain aspects of that system flouted the Fair Labor Standards Act.

  • October 12, 2017

    Microsoft Ruling Dooms Cymbalta Labeling Suit: 9th Circ.

    The Ninth Circuit on Thursday dismissed three consumers’ bid for class certification in litigation accusing Eli Lilly & Co. of hiding the magnitude of withdrawal risks for its antidepressant Cymbalta, finding that the U.S. Supreme Court’s recent decision in Microsoft Corp. v. Baker doomed the appeal.

  • October 12, 2017

    Burger King Settles Croissan’wich Suit With $2 Gift Cards

    Burger King on Wednesday settled class action claims that it overcharged customers who ordered Croissan’wiches with a coupon, agreeing to provide $2 gift cards and pay $185,000 in attorneys' fees after finding that some customers who ordered their sandwiches without eggs, cheese or meat may have been overcharged.

Expert Analysis

  • Takeaways From 2nd Circ. Donna Karan FACTA Ruling

    Hanley Chew

    The Second Circuit's decision last week in Katz v. Donna Karan is significant in that it permits parties to introduce extrinsic evidence in statutory violation cases when the district court is making a determination on standing, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Series

    Class Waivers At The High Court: NLRA And Employee Rights

    William Jhaveri-Weeks

    The U.S. Supreme Court would upend the better part of a century’s worth of authority if, in three pending cases, it concludes that an employer can contractually prohibit employees from engaging in concerted legal action simply by placing the prohibition in an arbitration agreement, say William Jhaveri-Weeks and Katharine Fisher of Goldstein Borgen Dardarian & Ho.

  • Series

    What I Learned In My 1st Year: Leave Your Comfort Zone

    Tara Kaushik

    As a baby lawyer, I took on a challenging case representing pro per detainees in county prisons. In the process, I learned how to deal with contentious opposing counsel, advocate for my clients with credibility, and trust my gut feelings, says Tara Kaushik of Holland & Knight LLP.

  • Protecting Securities Fraud Recoveries Post-ANZ

    Blair Nicholas

    Under the U.S. Supreme Court's decision in ANZ Securities, the statute of repose serves as an absolute time bar to individual class members’ institution of new, individual actions. But the decision also provides a clear directive to institutional investors and their fiduciaries to implement practices and procedures to ensure that valuable securities recoveries are not lost to the statute of repose, say Blair Nicholas and Dave Kapla... (continued)

  • And Now A Word From The Panel: Billing For An MDL

    Alan Rothman

    At its next hearing, the Judicial Panel on Multidistrict Litigation will consider an MDL motion arising from class actions against a telecommunications provider regarding pricing practices. Some plaintiffs oppose centralization because of legal differences among the various actions. But MDL centralization only requires the presence of one or more common questions of fact, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • How Plaintiffs And Defense Counsel Misperceive Each Other

    Daniel Karon

    What makes the practice of law so stressful? Our thesis is that it comes from being terrible to each other. As a plaintiffs lawyer and a defense lawyer, we asked what we believed our opposition thought about us and how our opposition judged us — and then we compared notes, say Daniel Karon of Karon LLC and Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Opinion

    Equifax Breach Reminds Us Why We Need The 7th Amendment

    Jean Sternlight

    The Consumer Financial Protection Bureau’s arbitration rule restores transparency and accountability to our justice system and allows people to exercise their Seventh Amendment rights. However, the House of Representatives has voted to block it and the rule is in jeopardy, says Jean Sternlight, director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

  • Keys To Estimating Damages In Deceptive Pricing Cases

    Stephen Hamilton

    The liability fundamentals of deceptive pricing cases are easy to understand: To the extent that consumers are influenced by the perception of a bargain, a false or misleading reference price can result in higher prices and greater sales. But providing defensible estimates of classwide damages has remained a stumbling block, say Stephen Hamilton and Dan Werner of OnPoint Analytics.

  • Why A Subway Sandwich Class Settlement Didn't Measure Up

    Gerald Maatman Jr.

    The Seventh Circuit recently rejected a class action settlement involving Subway sandwich purchasers who sued for alleged consumer fraud, calling the settlement "worthless" in terms of alleged relief to the class. Companies defending such litigation cannot expect to "buy peace" by simply paying off plaintiffs lawyers, say Gerald Maatman Jr. and John Marrese of Seyfarth Shaw LLP.