Class Action

  • January 10, 2018

    Panasonic, Other Japanese Cos. Face New Price-Fixing Suit

    A Florida electronic components distributor hit a group of Japanese electronics manufacturers, including Panasonic, with a proposed antitrust class action Tuesday in California federal court over circuit board inductors, alleging the same kind of price-fixing conspiracy surrounding other electronic components.

  • January 10, 2018

    GM Says Lack Of Safety Issue Nixes Engine Defect Suit

    General Motors urged a California federal judge Wednesday to permanently end a putative consumer class action brought by drivers in 29 states who say their cars’ engines consume excessive oil, arguing the customers hadn’t shown GM had any disclosure duty because they hadn’t shown the alleged defect was dangerous.

  • January 10, 2018

    Banks Urge 7th Circ. To Revive Schnuck Data Breach Suit

    A group of banks that issued debit and credit cards affected in a 2012 data breach at Schnuck stores urged the Seventh Circuit Wednesday to resurrect its putative class action against the grocery chain, saying the lower court improperly found the store had no duty to secure their interests in protecting the information compromised in the breach.

  • January 10, 2018

    Intel Investors Say Stock Fell After Security Flaw Reveal

    Investors hit Intel Corp. with a stock-drop putative class action in California federal court on Wednesday, alleging that news of two previously unreported security flaws, dubbed Spectre and Meltdown, prompted share prices to tumble more than 5 percent over two days.

  • January 10, 2018

    Plaintiffs Will Pick Up Labor Enforcement Slack: Study

    The Trump administration’s expected pullback from big-ticket enforcement litigation will fuel more private lawsuits from plaintiffs firms seeking to “fill the void,” according to a Seyfarth Shaw LLP report issued Wednesday that also found the value of the 10 top workplace class action settlements reached a record $2.7 billion last year.

  • January 10, 2018

    Banana Boat Looks To Ice False SPF Advertising Class Action

    An attorney for the makers of Banana Boat sunscreen on Wednesday asked a New York federal judge to toss a proposed class action claiming they falsely exaggerate the sun protection level on its children’s sunscreen as SPF 50, when in fact it provides much less protection, saying the Food and Drug Administration should take up the dispute.

  • January 10, 2018

    Investors Push Back On Objection To $130M Citi LIBOR Deal

    A group of investors on Tuesday pressed for final approval of their $130 million deal settling class action claims against Citigroup stemming from allegations that the London Interbank Offered Rate was manipulated, telling a New York federal court that the only objector to the settlement doesn’t actually have standing to object.

  • January 10, 2018

    Toyoda To Pay Purchasers $34M In Auto Parts Antitrust MDL

    A putative class of direct buyers who sued Toyoda Gosei Co. Ltd. over alleged price-fixing of occupant safety systems asked a Michigan federal judge Tuesday to approve a $34 million settlement with the manufacturer, the latest deal to emerge from a massive multidistrict litigation against auto industry companies.

  • January 10, 2018

    Guess’ $1.72M Sham-Price Deal Faces Expiration Questions

    A California judge considering Guess Inc.'s deal to give outlet shoppers $1.72 million in vouchers to settle class action claims of misleading pricing tactics questioned the vouchers’ six-month expiration date at a hearing Wednesday, saying the deadline might not give shoppers enough time to use them.

  • January 10, 2018

    Former Sedgwick Partner Lands At Porzio Bromberg

    An experienced litigator and former Sedgwick LLP partner has joined the 82-lawyer central New Jersey firm Porzio Bromberg & Newman PC, the firm announced on Tuesday.

  • January 10, 2018

    Ford Buyers Say Super Duty Truck Emissions Are 'Super Dirty'

    Consumers hit Ford Motor Co. and Robert Bosch GMbH with a putative class action in Michigan federal court Wednesday, claiming the companies rigged at least 500,000 heavy-duty trucks to cheat emissions tests while advertising them as having the “cleanest super diesel ever.”

  • January 10, 2018

    Chase Bank Tellers Stymied On Scope Of Seating Trial

    A California federal judge on Tuesday refused to allow a small group of Chase Bank tellers suing to be provided chairs at work to immediately appeal their request for a clarification on the issue of whether their trial will treat their claims individually or on a collective basis with other tellers in the state.

  • January 10, 2018

    Judge Rejects Jiffy Lube Wage Settlement For 2nd Time

    A Pennsylvania federal judge once again rejected a proposed settlement agreement in a wage-and-hour class action against a Jiffy Lube franchisee, ruling that the agreement could not require employees to waive claims beyond the suit itself.

  • January 10, 2018

    3 Airlines To Pay $29.4M To Settle Price-Fixing Class Action

    Three airlines accused of fixing the price of long-haul flights to Pacific destinations have agreed to pay a total of $29.4 million to settle a proposed class action, passengers told a California federal court Wednesday.

  • January 10, 2018

    Mayer Brown Snags Ex-Norton Rose Litigation Atty In Houston

    Mayer Brown LLP has hired a 30-year litigation veteran from Norton Rose Fulbright in its Houston office, where he’ll focus on financial and insurance-related cases.

  • January 10, 2018

    Bayer, Merck Want Suit Questioning Coppertone SPF Tossed

    Bayer Healthcare LLC and Merck & Co. Inc. on Tuesday urged a New Jersey federal court to toss a potential class action accusing them of selling Coppertone sunscreen that wasn’t as effective as its bottle claimed, arguing the buyer can’t prove they didn’t meet U.S. Food and Drug Administration standards.

  • January 10, 2018

    Nature's Way To Face Amended 'Healthy' Coconut Oil Claims

    A California federal judge on Tuesday allowed a proposed class of consumers who say they were duped into thinking Nature’s Way Products LLC’s coconut oil is “inherently healthy” to revive their claims for injunctive relief.

  • January 9, 2018

    8th Circ. Says SLUSA Sinks Customer Suit Against Scottrade

    An Eighth Circuit panel on Tuesday affirmed the dismissal of a proposed class action alleging that Scottrade Inc. violated its duty to seek the best execution for its customers by steering their limit orders to venues that pay it rebates, agreeing with a Missouri federal court that the Securities Litigation Uniform Standards Act precludes the suit.

  • January 9, 2018

    Flu Shot Text Row Boosts TCPA Defense As Big Ruling Looms

    The Second Circuit last week narrowed liability for health care providers under the Telephone Consumer Protection Act by canning a suit over a single flu-shot reminder text, providing some welcome clarity in a litigation environment anxiously awaiting a ruling in another dispute that could drastically alter exposure under the statute, attorneys say. 

  • January 9, 2018

    Kirkland's Will Face Receipt Row Under Spokeo

    Kirkland's Inc. must face a putative class action accusing the retailer of printing too many credit card digits on receipts after a Pennsylvania federal judge on Tuesday adopted a magistrate judge's recommendation, agreeing that the consumers needn't allege actual or imminent identity theft to establish standing under the U.S. Supreme Court's Spokeo decision.

Expert Analysis

  • The Broad Reach Of Medicare Act’s Preemption Provision

    Jeffrey Bushofsky

    When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • What To Look For In Cyan V. Beaver County Oral Arguments

    William O'Brien

    On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Judging A Book

    Gorsuch: The Judge Who Speaks For Himself

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • What A Solar Eclipse Has To Do With Market Efficiency

    Daniel Bettencourt

    A common criticism of the event study methodology for testing market efficiency is that the number of events is insufficient and that the results cannot be generalized for the entire class period. That's where Albert Einstein and the 1919 total solar eclipse come in, say Daniel Bettencourt and Steven Feinstein of Crowninshield Financial Research.