Class Action

  • October 16, 2017

    Former RadioShack Employees Object To Del. Ch. 11 Plan

    A group of former employees suing defunct RadioShack over botched mass layoffs urged a Delaware bankruptcy court Monday to shoot down the electronic retailer’s proposed Chapter 11 plan, saying it provides no information on how RadioShack will pay for the proposed class action if the laid-off workers prevail.

  • October 16, 2017

    Charter Wants Call Suit Paused Pending TCPA Challenges

    Charter Communications Inc. asked a California federal judge on Friday to pause a proposed class action alleging it violated the Telephone Consumer Protection Act by autodialing consumers until either its First Amendment challenge of the law or a separate case considering the definition of an autodialer is resolved.

  • October 16, 2017

    Counsel In J&J 'Natural' Labeling Suit Seek $2.25M Fees

    Counsel for a class of consumers that reached a $6.75 million agreement with Johnson & Johnson to end claims over allegedly misleading labeling on Aveeno personal care products on Friday urged a New York federal court to allocate $2.25 million of the settlement fund to attorneys’ fees and expenses.

  • October 13, 2017

    Yahoo's Info On 2B Hacked Accounts Doesn't Satisfy Judge

    The California federal judge overseeing multidistrict litigation over Yahoo's 2013 data breach said Friday that recent revelations that 2 billion additional accounts were impacted put the case "back at square one," and expressed frustration at the amount of information Yahoo has revealed about the hack's broadened scope.

  • 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.

Expert Analysis

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • How To Stay Protected When Using Biometrics Post-Spokeo

    Benjamin Byer

    Recently, a wave of lawsuits has accused companies of violating biometric privacy laws. But the two-part test established by the Ninth Circuit in Robins v. Spokeo creates another hurdle for plaintiffs seeking to file these types of lawsuits, say Benjamin Byer and John Parsi of Davis Wright Tremaine LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • The Equifax Data Breach And Its Impact On Businesses

    Eduard Goodman

    The Equifax breach could trigger a shift in data breach class actions from potential harm to consumers to potential harm to businesses, says Eduard Goodman, chief privacy officer at CyberScout LLC.

  • What Beer Marketers Should Know About State False Ad Laws

    Christian Foote

    Recently, several class actions have sprung up alleging consumers were deceived as to where beer they purchased was produced. These complaints are uniformly met with a motion to dismiss, and in the opinions there are branding insights that all marketers, not just beer makers, can use, says Christian Foote of Carr McClellan PC.

  • Takeaways From FTC's Settlement With Lenovo

    Tracy Lechner

    The Federal Trade Commission's recent settlement with Lenovo over allegedly preloaded adware on its laptops reinforces a growing trend of courts and regulatory authorities imputing liability to companies for the acts and omissions of its third-party vendors, say Tracy Lechner and Esteban Morin of Brownstein Hyatt Farber Schreck LLP.

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Charting A Course To Business Judgment Review

    Stacy Nettleton

    The Delaware Chancery Court’s recent decision to dismiss a shareholder suit challenging the sale of Martha Stewart Living Omnimedia confirms that there is a path to business judgment rule review, at the pleading stage, of third-party mergers of controlled companies where disparate consideration creates a conflict for the controlling stockholder, say Stacy Nettleton and Christie Di Guglielmo of Weil Gotshal & Manges LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • What To Expect From CFPB As Leadership Remains Uncertain

    Quyen Truong

    Before the installation of new leadership at the Consumer Financial Protection Bureau, much activity will ensue that will have major impact on the financial industry and will be challenging to reverse, says Quyen Truong, partner at Stroock & Stroock & Lavan LLP and former deputy general counsel of the CFPB.