Class Action

  • 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.

  • October 12, 2017

    Caddies Ask 9th Circ. For Mulligan In PGA Tour Bib-Ads Suit

    Golf caddies urged the Ninth Circuit at a hearing Thursday to revive their proposed antitrust class action accusing PGA Tour Inc. of exploiting them as "walking advertisements," saying the lower court erred by using evidence outside their complaint to interpret their contracts without giving them a fair shot at responding.

  • October 12, 2017

    Airline Cargo Co. Hit With Suit Over Biometric Collection

    An airline cargo handling company was hit with a proposed class action in Illinois state court Wednesday that alleges it violates the state’s stringent Biometric Information Privacy Act by storing employees’ fingerprints as part of its time-keeping system without consent.

  • October 12, 2017

    Mastro's Busers Hit Restaurant With Class Action Over Tips

    Busers and other employees whose pay includes tips taken from a pool collected by servers at the Chicago location of chain steakhouse Mastro's sued the restaurant in Illinois state court Wednesday, claiming Mastro's illegally retains a portion of the pooled tips. 

  • October 12, 2017

    Del. Justices Nix Revival Of $1B IHeartMedia Debt Suit

    Delaware's Supreme Court refused Thursday to revive an investor's derivative claim that Clear Channel Outdoor Holdings' directors breached their duty to the company by failing to seek repayment of $1 billion in debts owed by majority owner iHeartMedia.

  • October 12, 2017

    Class Fights Objections To $740M Takata Air Bag Deals

    Class counsel representing Toyota, Subaru, Mazda and BMW owners suing the automakers for installing dangerously defective Takata Corp. air bags urged a Florida federal court Wednesday to ignore objectors and finalize settlements worth $740 million.

  • October 12, 2017

    Dow Pollution Class Attys Tell 10th Circ. They Deserve Fees

    Three individual class counsel who say they were denied a share of the $150 million in fees for their part in a $375 million settlement with Dow Chemical Co. and another company in a nuclear pollution lawsuit told the Tenth Circuit on Wednesday that it can rule on their claims.

  • October 12, 2017

    Deutsche Says It Can Fund Defense From Disputed Trusts

    Deutsche Bank National Trust Co. on Tuesday urged a New York federal judge to toss a proposed class action alleging that it’s improperly dipping into 10 residential mortgage-backed securities trusts it oversees to pay for its defense in a separate suit brought over its handling of those same trusts.

  • October 12, 2017

    Dimension Investor Sues To Block $151M Ultragenyx Merger

    A Dimension Therapeutics Inc. shareholder urged a Massachusetts federal court Wednesday to block Ultragenyx Pharmaceutical Inc.’s proposed $151 million acquisition of the company, alleging Dimension withheld material information from the U.S. Securities and Exchange Commission and is undercutting investors’ share of the profits.

  • October 12, 2017

    8th Circ. Panel Hands US Bank Win In ERISA Suit

    The majority of an Eighth Circuit panel on Thursday backed a lower court’s dismissal of a suit from two U.S. Bank retirees challenging the management of a defined benefit pension plan, saying the plan has become overfunded.

  • October 12, 2017

    7th Circ. Won't Revive Payors' Depakote Suit Against Abbott

    The Seventh Circuit declined Thursday to revive a proposed class action filed by welfare-benefit plans that claim they were ripped off when Abbott Laboratories Inc. illegally marketed its epilepsy drug Depakote for off-label uses, saying the tie between the marketing and the payors was too tenuous.

  • October 12, 2017

    LendingClub Investors Poised To Win Cert. Over Objections

    A California federal judge Thursday said he will likely certify a class of LendingClub Corp. investors who allege the peer-to-peer lending company hid defects in its internal controls before and after its $1 billion initial public offering, over objections from both the company and investors pursuing separate state law claims.

  • October 12, 2017

    Mass. Ruling Doesn't End NJ Eyedrops Case, 3rd Circ. Told

    A potential class of eyedrops users alleging generic-drug makers such as Sandoz Inc. boosted prescription sales by using bottles that dispensed larger-than-needed drops told the Third Circuit Wednesday that a suit tossed in Massachusetts shouldn't end theirs.

  • October 12, 2017

    Toyo To Pay $11.4M To End Auto Parts Price-Fixing Suit

    Toyo Tire & Rubber Co. Ltd. will pay $11.4 million to settle automobile dealers’ claims in multidistrict litigation alleging it colluded with automotive manufacturers, marketers and sellers to fix prices for certain rubber parts, according to a Michigan federal court filing Thursday.

  • October 12, 2017

    Investors Want $152M In Libor Settlements Approved

    Exchange-based investors told a New York federal judge on Wednesday that they want approval of $151.9 million in settlements reached with several banks in multidistrict litigation that alleges a sprawling scheme to manipulate the London Interbank Offered Rate benchmark.

  • October 12, 2017

    June Trial Brews Over Kiss Rockers’ Eatery Meal Break Claims

    A California judge has concluded that Rock & Brews, a restaurant chain that counts two Kiss members as its founders, hasn’t conclusively demonstrated that an alleged practice of giving employees forms to waive meal breaks complies with the law, scheduling a trial in June over a former waitress’ experience at an El Segundo location.

  • October 12, 2017

    6th Circ. Revives FLSA Suit Over Retailer’s 'Draw' Pay System

    The Sixth Circuit on Thursday revived a lawsuit accusing electronics and appliance retailer hhgregg Inc. of having an illegal commission-based pay system for sales employees, saying that a proposed class of workers can pursue claims that certain aspects of that system flouted the Fair Labor Standards Act.

Expert Analysis

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • 2 Litigation Trends Offer Guidance On TCPA Compliance

    Fredrick Levin

    Recently, several courts have begun to take a hard look at Telephone Consumer Protection Act compliance issues, and their decisions offer useful guidance. In particular, the rulings have shed light on issues concerning automatic telephone dialing systems and consumers' ability to revoke consent, say Fredrick Levin and Andrew Grant of Buckley Sandler LLP.

  • A Pro-Consumer, Pro-Arbitration Approach At The CFPB

    Eric Mogilnicki

    The U.S. Senate’s upcoming vote on the Consumer Financial Protection Bureau’s arbitration rule need not involve a choice between preserving or ending the status quo on arbitration. Instead, a vote to preserve arbitration by defeating the bureau’s arbitration rule could open the door to a solution that strengthens consumers’ ability to resolve disputes with financial institutions, say Eric Mogilnicki and Eitan Levisohn of Covington & Burling LLP.

  • Punitive Damages In Mass Torts: Outrageous And Reckless

    Stephen McConnell

    There is no consistency to the punitive damages process: One case might be halted by a judge who applies Daubert to preclude junk science, while another judge waves virtually the same case by and a jury socks the defendant with a $110 million verdict. Our system of civil litigation looks like jackpot justice, says Stephen McConnell of Reed Smith LLP.

  • Making Sense Of 9th Circ. Spokeo Decision On Remand

    Christina Vitale

    The Ninth Circuit recently issued its long-awaited opinion on remand in Robins v. Spokeo Inc., holding that Thomas Robins had standing to pursue his claims in federal court. While the result was largely expected, the analysis the court used to reach that result is significant in at least three ways, say attorneys with Morgan Lewis & Bockius LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • CareFirst And Constitutional Standing: A Post-Spokeo Review

    Cinthia Granados Motley

    When it comes to the issue of Article III standing in data breach cases, the D.C. Circuit’s recent decision in Attias v. CareFirst demonstrates the analysis many appellate courts now seem to be applying, say attorneys with Sedgwick LLP.

  • High Court Bristol-Myers Ruling: Direction For State Courts

    Jermaine Haughton

    The recent U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California has caused concern among litigants who fear it will restrict the scope of specific jurisdiction. But the ruling simply reinforces Supreme Court precedent, and state courts are already following its clear guidance, says Jermaine Haughton of Miles & Stockbridge PC.

  • Property Insurers Should Brace For Post-Harvey Storm

    M. Scott Incerto

    While early estimates vary wildly, the insurance cost of Hurricane Harvey is certain to be in the billions. With that amount of devastation, property insurers should begin preparing now for the second storm that is certain to follow the first: the onslaught of claims and coverage litigation, say M. Scott Incerto and Adam Schramek of Norton Rose Fulbright.