Class Action

  • December 5, 2017

    Profs Fight For Clarity On Class Cert. In Securities Suits

    Two well-known law professors on Monday urged the U.S. Supreme Court to provide clarity on the standard for certifying securities fraud class actions, joining Petrobras in its bid to have the justices review the certification of a class of investors who claim the oil giant committed fraud by concealing information about a massive kickback scheme.

  • December 5, 2017

    Atty Fights For Fees In $8.5M Groupon Deal At 9th Circ.

    A federal judge wrongly denied attorneys’ fees to a California lawyer who helped shape an $8.5 settlement in multidistrict litigation against Groupon Inc. over short-dated online vouchers, the attorney told the Ninth Circuit on Tuesday, saying the court improperly lumped her in with other, less helpful objectors.

  • December 5, 2017

    Talbots’ $2.95M Wage Settlement Nears Approval

    A California judge on Tuesday held off on preliminarily approving The Talbots Inc.’s $2.95 million settlement that would resolve a proposed wage and hour class action brought by store workers, asking the parties to revise the deal so the workers have more time to respond to the settlement notice.

  • December 5, 2017

    Investors Say AmTrust's Reported Metrics Weren't Opinions

    Investors in insurer AmTrust Financial Services Inc. have pushed back against bids to dismiss their proposed class action stemming from accounting problems that led the company to restate a number of its quarterly and annual results earlier this year, telling a New York federal court the company can’t claim its allegedly misstated financial metrics were just opinions.

  • December 5, 2017

    TD Bank Sued Over Overdraft Fees Against Uber Riders

    TD Bank NA was slapped Tuesday with a proposed class action in New Jersey federal court over claims that the bank has improperly assessed overdraft fees in paying for ride-hailing services instead of declining the transactions as bank customers had intended.

  • December 5, 2017

    Zappos Buyers Ask 9th Circ. To Revive Data Breach Suit

    A putative class of customers urged the Ninth Circuit on Tuesday to revive privacy claims over a 2012 data breach that affected 24 million shoppers, saying the online shoe retailer broke its promise to provide a secure purchasing site.

  • December 5, 2017

    NJ Man Defends Rep Suitability In Force-Placed Coverage Suit

    A New Jersey homeowner accusing M&T Bank Corp. of taking kickbacks for forced-place American Security Insurance Co. policies on Monday slammed the insurer’s contention that he can’t represent a proposed nationwide class, telling a federal judge that a standing argument belongs at the class certification stage.

  • December 5, 2017

    Calif. Town Telephone Tax Constitutional, Appeals Court Says

    A California state appeals court affirmed a Los Angeles County court decision Monday, confirming the constitutionality of the city of Norwalk’s 5.5 percent tax on various types of telephone services.

  • December 5, 2017

    Pa. Judge Affirms Jurisdiction On Out-Of-State Mesh Cases

    A Pennsylvania state court judge on Tuesday affirmed that the court has jurisdiction over all but one of 71 cases involving out-of-state residents suing Johnson & Johnson subsidiary Ethicon Inc. in Philadelphia’s mass tort program over pelvic mesh injuries.

  • December 5, 2017

    2nd Circ. Revives Alibaba Securities Class Action Over IPO

    The Second Circuit on Tuesday reinstated a putative securities class action against Alibaba Group Holding Ltd. and several executives after finding that a lower court judge improperly dismissed the suit tied to the company's $25 billion initial public offering.

  • December 5, 2017

    Sonic Seeks To Roll Out Of Customer's Data Breach Suit

    Fast-food restaurant chain Sonic Drive-In’s operating company asked an Oklahoma federal court on Monday to toss a lawsuit stemming from a customer data breach confirmed in September, arguing the lead plaintiff in the proposed class action had failed to show "cognizable injury."

  • December 5, 2017

    McWane Settles Pipe Price-Fixing Suit For $8.8M

    McWane Inc. agreed Monday to pay roughly $8.8 million to direct purchasers of iron pipe fittings, settling a potential class action in New Jersey federal court that accused the company of fixing prices and other anti-competitive behavior with two of its peers.

  • December 5, 2017

    Morgan Lewis May Face DQ Over 'Sticky' Conflict In Wage Suit

    A California federal judge said Tuesday he’s considering disqualifying Morgan Lewis & Bockius LLP from representing Interstate Hotels & Resorts Inc. in a wage suit after three potential class members testified that the firm represented both them and Interstate during their depositions, creating a conflict the judge called “a sticky mess.”

  • December 5, 2017

    Investor Sues HIG, Bain Capital Over $760M Facility Deal

    A Surgery Partners Inc. shareholder on Monday told the Delaware Chancery Court that Bain Capital Private Equity was allowed to work both sides of a deal and get favorable terms to finance the $760 million acquisition of a surgery facility owner this year.

  • December 5, 2017

    Costco, Target, Others Hit With Flushable Wipes Class Action

    Major retailers including Costco Wholesale Corp., Target Corp. and Wal-Mart Stores Inc. manufacture and sell wipes that are misrepresented as safe to flush and consequently damage sewage systems, claimed a proposed class of sewage treatment plant operators Monday in New York federal court.

  • December 5, 2017

    Merck Aims To Sink Cert In $250M Sex Bias Class Action

    Merck & Co. Inc. urged a New Jersey federal court Monday to knock down a class certification bid from female former sales representatives in their $250 million gender discrimination suit against the company, saying their actual claims have nothing to do with the purported class theory.

  • December 5, 2017

    KBR Moves To Nix Shareholder Suit Over Fraud Investigation

    KBR Inc. told a Texas federal court on Monday that it should throw out a proposed investor class action against the company, arguing the investors had not clearly identified any allegedly false or misleading statements KBR made related to a U.K. bribery and corruption investigation.

  • December 5, 2017

    BNY Mellon Says Royal Park’s Proposed Class Still Lacking

    The Bank of New York Mellon Corp. has asked a New York federal judge to reject a new effort to allow a case over failed mortgage-backed securities it oversaw to advance as a class action, saying Royal Park Investments' class definition is still too “expansive and amorphous” to be certified.

  • December 5, 2017

    Buyer Class Fights Allergan Over Causation In Antitrust Row

    A class of end purchasers accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their ulcerative colitis drugs urged a Massachusetts federal court Monday not to certify a causation issue, saying they’ve adequately argued that the companies’ alleged wrongdoing caused them harm.

  • December 5, 2017

    J&J, Bayer Hit With $28M Verdict In 1st Xarelto Loss

    A Philadelphia jury delivered a first-of-its-kind verdict on Tuesday as it awarded almost $28 million in damages against a pair of Johnson & Johnson and Bayer AG units after finding the companies had provided inadequate warnings about the risks of bleeding associated with the blood thinner Xarelto.

Expert Analysis

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Opinion

    Arbitration Rule Repeal Will Adversely Affect Consumers

    Gregory Asciolla

    President Donald Trump's decision Wednesday to sign a congressional resolution repealing the Consumer Financial Protection Bureau’s arbitration rule represents a decisive blow to the American public’s access to the justice system, say Gregory Asciolla and Brian Morrison of Labaton Sucharow LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Applying Calif. Antitrust Law To Out-Of-State Transactions

    Fred Isquith

    In Packaged Seafood Products Antitrust Litigation, a California federal judge recently examined state court choice-of-law rules as applied in antitrust actions lodged in federal court. In applying California’s antitrust law to out-of-state transactions by the citizens of states other than California, the opinion adds an important contribution to the jurisprudence in this area, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • No Basis For Personal Jurisdiction In MDL Direct Filing

    James Beck

    It is common practice to allow plaintiffs anywhere in the country to “direct file” actions into multidistrict litigation after it has been established. There is no constitutional basis for personal jurisdiction in direct-filed MDL cases, and defendants should not do plaintiffs any favors by voluntarily agreeing to such procedures, says James Beck of Reed Smith LLP.

  • When D&O Insurers Withhold Settlement Consent

    Kevin LaCroix

    An Arizona federal judge in Apollo Education Group v. National Union Fire Insurance validated the insurer’s decision to withhold consent to a securities class action settlement, but this outcome is unlikely to encourage insurers. Most directors and officers insurers understand that their decision to withhold consent will be viewed narrowly by courts, says Kevin LaCroix of RT ProExec.