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Class Action

  • September 14, 2018

    Justices Told FDA's 'Smoking Gun' Sinks Fosamax MDL

    Merck Sharp & Dohme Corp. has told the U.S. Supreme Court that “smoking gun” evidence from the U.S. Food and Drug Administration should sink a Third Circuit decision reviving multidistrict litigation over the company’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • September 14, 2018

    8th Circ. Tosses Tribes' Child Welfare Claims Against SD

    The Eighth Circuit on Friday overturned a lower court decision handing a partial quick win to the Oglala and Rosebud Sioux tribes in their suit challenging South Dakota's handling of temporary custody proceedings involving Native American children, saying it should have abstained from exercising jurisdiction under a U.S. Supreme Court decision.

  • September 14, 2018

    Security Tech Co., Execs Can't Escape Investors' Suit

    A New Jersey federal judge on Friday refused to release a Florida law enforcement technology company and its former executives from a securities class action accusing it of inflating essentially worthless stock, ruling that investors could have plausibly relied on alleged misrepresentations to make their purchases.

  • September 14, 2018

    Auto Parts Buyers Must Seek Damages One-On-One, Cos. Say

    A pair of Taiwanese parts suppliers urged a Wisconsin federal judge Thursday to decertify two groups of aftermarket sheet metal parts purchasers seeking damages to close out price-fixing allegations where every other defendant has settled, with the suppliers arguing the buyers’ damages claims must be handled individually.

  • September 14, 2018

    IKEA Shortchanged Coupon Users' Refunds, Customers Say

    A Pennsylvania man assembled a proposed class action suit in a Philadelphia federal court Thursday after he was allegedly shortchanged by IKEA’s coupon and return policy.

  • September 14, 2018

    Och-Ziff Investors Win Cert. In Suit Over FCPA Probe

    A New York federal judge granted certification to a class of investors who allege Och-Ziff Capital Management Group LLC misled them about a Foreign Corrupt Practices Act investigation into the hedge fund's multimillion-dollar transactions in Africa.

  • September 14, 2018

    Coupons A Sticking Point In Denial Of Fitbit Class Deal

    A California federal judge shot down a deal Thursday that would have resolved class claims that customers paid extra for Fitbit Inc. devices with a sleep-tracking function that doesn’t work as advertised, taking issues with, among other things, the use of Fitbit coupons as part of the settlement.

  • September 14, 2018

    Kimpton Data Breach Deal Rejected Over Settlement Cap

    A California federal judge has denied for the second time Kimpton Hotel & Restaurant Group LLC's settlement with a proposed class of consumers suing over a 2016 data breach, questioning whether the settlement with a cap of $600,000 is designed to fully compensate anyone who was injured.

  • September 14, 2018

    BNY Mellon Trust Beneficiaries Win Class Cert. In Fees Suit

    A group of trust beneficiaries accusing Bank of New York Mellon NA of charging excessive and undisclosed fees on tax returns was granted class certification by a Massachusetts federal judge Friday, who also kept on the lead plaintiff despite a history of disagreements between her and lead class counsel.

  • September 14, 2018

    Actresses Get 'Road Map' To File New Weinstein Class Suit

    Counsel for the actresses accusing Harvey Weinstein of sexual assault in a putative class action say a New York federal judge gave them a “road map” to a stronger case when he dismissed their claims this week.

  • September 14, 2018

    Power Bar Maker To Settle Protein Shake Suit For $9M

    The maker of Power Bar and other health and workout foods has agreed to a $9 million settlement to end a proposed class action in New York federal court accusing the company of misleading customers about the protein content of its ready-to-drink shakes.

  • September 14, 2018

    Netflix Seeks To End Mo. Cities' Bid To Charge Streaming Cos.

    Netflix Inc. asked a Missouri federal court Thursday to drop a proposed class action brought by dozens of state municipalities for allegedly not abiding by state telecommunication laws, saying it is not a video service provider and not subject to state laws that would require it to pay a fee to the cities.

  • September 14, 2018

    Attys In FLSA Suit Making Discovery 'Impossible,' Judge Says

    A New York federal magistrate judge had harsh words for attorneys on both sides of a proposed Fair Labor Standards Act class action Friday, granting sanctions against the employer but saying both sides had repeatedly ignored the court’s warnings to behave professionally and had made it “impossible” for discovery to proceed normally.

  • September 14, 2018

    Colo. Auto Brokerage Violated EFTA, Consumers Say

    Two Colorado residents hit a Colorado Springs auto brokerage with a putative class action on Thursday accusing the car dealer of violating the Electronic Fund Transfer Act by only extending credit if a car buyer agreed to enroll in an automatic payment plan.

  • September 14, 2018

    Housekeepers Say Clarion Hotels' OT Policy Flouts Wage Law

    A former housekeeper has lodged a proposed class action in Pennsylvania federal court taking aim at Clarion Hotels’ overtime policy, which she said skirts labor law by paying just $5 per extra room cleaned.

  • September 14, 2018

    Investors Try To Put Cap Back On SodaStream-Pepsi Deal

    SodaStream International Ltd. shareholders filed a proposed class action Thursday in New York federal court aiming to block the company’s $3.2 billion merger with PepsiCo Inc., arguing the fizzy-water maker hasn’t disclosed its board’s potential conflicts of interest.

  • September 14, 2018

    ‘Sport’ Headphones Can’t Go The Distance, Suit Says

    A Santa Cruz-based electronics company has been sued in California federal court by a customer claiming the company’s headphones are not waterproof as advertised and have defective batteries prone to failure in less than a year.

  • September 13, 2018

    Emory Workers Score Class Cert. In Retirement Savings Suit

    Emory University workers accusing the school of mismanaging their retirement savings won certification for a class of up to 45,000 participants Thursday after a Georgia federal judge found that those leading the suit had standing for their claims and could adequately represent the class.

  • September 13, 2018

    HIG, Bain Say Investor Chancery Claims Not Backed By Facts

    Attorneys representing Surgery Partners Inc. and private equity investors HIG Capital and Bain Capital Investors LLC told a Delaware Chancery Court judge Thursday that an investor suit provided no factual support for its claims that the parties acted unfairly in a complex $760 million acquisition of another surgery center, and it should be dismissed.

  • September 13, 2018

    Firm Behind $289M Win Stays In Roundup MDL Despite Snafu

    The firm that recently won a $289 million state court verdict for a man who said Monsanto’s Roundup caused his cancer can participate in multidistrict litigation over the weedkiller, a California federal judge said Thursday, reversing his prior decision that the firm couldn’t participate at trial after an attorney allegedly posted sealed documents online.

Expert Analysis

  • Gap Between Calif. And Federal Wage And Hour Law Grows

    Kirstin Muller

    In its recent decision in Troester v. Starbucks, the California Supreme Court unanimously rejected application of the federal Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law. The ruling changes the state's employment law landscape in important ways, says Kirstin Muller of Hirschfeld Kraemer LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • Looking For Answers On Call-In Scheduling In Calif.

    Kalcheva_Desi_01.jpg

    After nearly four years of litigation in California federal court, Samantha Jones v. Abercrombie & Fitch is on the cusp of settlement. But depending on whether it's approved, the issue of call-in time as reporting time for purposes of employee compensation in California may still remain unanswered, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Litigating Wage And Hour Hybrid Actions: Part 2

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    Although Fair Labor Standards Act collective claims and Rule 23 wage and hour class claims often involve overlapping factual circumstances, it's important not to lose sight of the independent hurdles each presents to litigators, and the way they interact in a hybrid suit. In the final part of this article, attorneys with Jones Day share key strategies to consider at different stages of litigation.

  • 9th Circ. Exposes Foreign Issuers To New Liability

    Jared Gerber

    The Ninth Circuit’s decision in Stoyas v. Toshiba has important consequences for determining the extraterritorial scope of the federal securities laws, particularly with respect to unsponsored American depositary receipts and other transactions in which the named foreign entity may not have been involved, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.