Class Action

  • October 13, 2017

    Regulators Continue Tussle Over CFPB Arbitration Rule

    The battle between the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency over the bureau’s rule eliminating class action bans on mandatory arbitration clauses continued Friday as the clock ticked down on Republican efforts to nullify the rule.

  • October 13, 2017

    Google Sharing App User Data Without Permission, Suit Says

    Google has breached its contract with Wallet users who buy apps through its Play store by sharing their email addresses, phone numbers and other personal data with third-party app developers without their permission, according to a putative class action recently removed to California federal court.

  • October 13, 2017

    Live Nation's $1M Break Deal With 1,500 Calif. Workers OK'd

    A California judge Friday preliminarily approved Live Nation Worldwide Inc.’s $1.1 million settlement to resolve a putative class action alleging the entertainment giant denied breaks to 1,500 parking and traffic employees in the Golden State, saying the deal is fair and reasonable.

  • October 13, 2017

    Eliquis MDL Sees 24 Suits Trimmed Due To Forum Rule

    A New York federal judge on Friday dismissed 20 suits against Pfizer Inc. and Bristol-Myers Squibb Co., wiping out the bulk of what remains of multidistrict litigation alleging that the companies didn’t warn consumers of the risks associated with the blood thinner Eliquis, saying they can’t be sent back to state court.

  • October 13, 2017

    Cigna Tells 11th Circ. 'Interloper' Is 'Looting' $25M Deal

    Cigna Healthcare Inc. has pressed the Eleventh Circuit to address its concerns that a claims processor misappropriated at least part of $25 million it paid in a class action settlement with medical providers who claimed that it conspired to keep reimbursements low.

  • October 13, 2017

    Houlihan Lokey Seeks Early Out From Formula Maker Suit

    A financial adviser that provided analysis to baby formula maker Synutra International Inc. in a $125 million take-private bid last year asked a Delaware Chancery Court judge on Thursday to be dismissed from the case because aiding and abetting claims lodged against it aren't backed up by any facts in a shareholder complaint.

  • October 13, 2017

    9th Circ. Judge Balks At Blue Shield Customers’ Cert. Bid

    Blue Shield of California customers urged the Ninth Circuit at a hearing Friday to certify a class of beneficiaries who say the insurer illegally refused to cover residential treatment for mental health disorders, prompting one judge to note that the appellate court “isn’t in the business” of making original certification decisions.

  • October 13, 2017

    C&J Investor Says $5M Fee Bid Justified By $250M Savings

    Attorneys representing a shareholder of C&J Energy Services Inc. told a Delaware Chancery Court judge Friday that their efforts in a challenge to the $2.9 billion merger of C&J and Nabors Industries Ltd. justify a $5 million fee award because the suit led to a $250 million reduction in the cash paid by C&J in the deal.

  • October 13, 2017

    Polaris Ditches Investor Suit Over Off-Road Vehicle Recalls

    A Minnesota federal judge on Friday threw out a proposed class action alleging Polaris Industries Inc. concealed the true risks to its business resulting from defects in its off-road vehicles, finding that the investors behind the suit hadn’t backed up their securities fraud claims with any actionable misstatements or omissions.

  • October 13, 2017

    J&J Loses Remand Fight In NJ Talc MDL

    A New Jersey federal judge ruled Thursday that a Louisiana woman’s lawsuit alleging Johnson & Johnson talcum powder products caused her ovarian cancer belongs in the southern state because there was no proof she fraudulently added a Louisiana-based drugstore to her complaint just to keep it in that jurisdiction.

  • October 13, 2017

    Susman, Entwistle To Lead Valeant Insider Trading Suit

    Entwistle & Cappucci LLP and Susman Godfrey LLP on Friday nabbed the co-lead counsel spots in a consolidated proposed class action alleging Valeant Pharmaceuticals and billionaire investor Bill Ackman’s hedge fund engaged in an insider trading scheme that cost derivatives investors billions.

  • October 13, 2017

    Trump Golf Club Members Ask 11th Circ. To Back $5.7M Win

    Members of a Donald Trump-owned Florida golf club asked the Eleventh Circuit on Friday to uphold a ruling ordering the club to refund roughly $5.7 million to members who had resigned before Trump's 2012 purchase, arguing that the lower court correctly construed their membership agreements.

  • October 13, 2017

    Cook County Not Paying Property Tax Refunds, Class Claims

    The treasurer of Cook County, Illinois, has been hit with a proposed class action in state court over the office’s alleged failure to pay out refunds won by Chicago-area residents who appealed their properties' valuations for property tax purposes.

  • October 13, 2017

    Harvesters Ask 11th Circ. To Uphold Fruit Co. Wage Ruling

    Mexican guest workers hired under the H-2A visa program to harvest oranges and grapefruit asked the Eleventh Circuit on Thursday to uphold a ruling that the citrus grove operator was partially liable for a subcontractor’s scheme to steal wages from the workers, arguing that the company held the right to control the harvesters’ work.

  • October 12, 2017

    Cinemark Workers Ask 9th Circ. To Revive Pay Stub Suit

    Cinemark workers asked the Ninth Circuit on Thursday for another chance at certifying a 12,000-member class of movie theater employees on claims they received inaccurate wage statements, saying a lower court erred when it found they had shifted their theory on that allegation without notifying the company.

  • October 12, 2017

    7th Circ. Affirms Coverage Excluded For $24M Overdraft Deal

    The Seventh Circuit on Thursday affirmed that a Chubb Ltd. insurer doesn't have to cover BancorpSouth Inc.'s $24.5 million settlement of class claims that the bank rigged checking accounts to unfairly charge overdraft fees, agreeing with a lower court that an exclusion for claims related to fees bars coverage.

  • October 12, 2017

    Fitbit Heart-Rate Monitor Row Pushed To Arbitration

    Fitbit Inc. scored a partial win Wednesday in a proposed class action that accused the company of selling faulty fitness watches when a California federal judge sent the dispute to arbitration after finding the consumers couldn’t claim they lacked the sophistication to understand the contract.

  • October 12, 2017

    Converse Beats Workers' Certified Bag Check Class Action

    Converse Inc. beat a class action bag-check suit Wednesday when a federal court ruled that employees alleging they were owed money for time spent going through mandatory bag inspections failed to prove the checks’ duration was long enough to merit litigation.

  • 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.

Expert Analysis

  • 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.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Financial Crisis Anniversary

    Trends In Credit Crisis Settlements

    Faten Sabry

    Between 2007 and July 2017, settlements related to the financial crisis totaled $133.2 billion. Ten years after the onset of the crisis, members of NERA Economic Consulting analyze the “settlement ratio” for select mortgage-backed securities settlements and other trends.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.