Class Action

  • April 13, 2018

    Pfizer Can’t Shake Suit Over Deceptive Robitussin Labels

    An Illinois federal judge Friday refused to toss nationwide class claims from a suit alleging Pfizer Inc. overcharged consumers for its “Maximum Strength” Robitussin compared to its regular version, finding that the label could be plausibly considered deceptive based on the drugs’ relative ingredient mixes.

  • April 13, 2018

    Loews Escapes 20% Restaurant Service Charge Suit

    A Florida federal judge on Friday dismissed Loews Corp. and subsidiary Loews Hotels Holding Corp. from a putative class action alleging a failure to inform customers at hotel restaurants that bills included a 20 percent service charge.

  • April 13, 2018

    CSS, Rosenthal Will Lead Gas Partnership Conversion Suit

    Rosenthal Monhait & Goddess PA and CSS Legal Group PLLC were chosen Friday to lead a Delaware Chancery Court consolidated class action alleging a natural gas well investment partnership’s plan to convert into a corporation will deny preferred unitholders payments they are owed and depress the value of their holdings.

  • April 13, 2018

    Trump Asks 2nd Circ. To Review Refusal To Nix DACA Case

    The Trump administration on Friday asked a New York federal judge for permission to appeal his order that denied the federal government’s bid to toss a case over a proposed rollback of the Deferred Action for Childhood Arrivals program.

  • April 13, 2018

    A Conversation With Baker Botts CMO Gillian Ward

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.

  • April 13, 2018

    Frito-Lay Agrees To Pay $2.4M In Background Check Action

    A former Frito-Lay Inc. employee asked a California federal judge Friday for preliminary approval of a $2.4 million settlement to end a proposed class action saying the company violated the Fair Credit Reporting Act by failing to properly disclose its use of consumer reports when conducting background checks of job applicants.

  • April 13, 2018

    Full 11th Circ. Asked To Mull Delta, AirTran Bag-Fee Ruling

    Air passengers asked the full Eleventh Circuit on Friday to revisit a recent decision rejecting multidistrict litigation alleging Delta and AirTran Airways colluded to institute a first checked baggage fee, saying the panel wrongfully created a template for lawful collusion by ruling in favor of the airlines.

  • April 13, 2018

    Gym's Membership Rules Violate Ill. Law, Customers Claim

    A proposed class of Illinois customers of fitness chain OrangeTheory hit the company and a Chicago franchisee with a lawsuit in state court on Thursday that claims the gym's contracts were misleading about charges following cancellation and violated Illinois consumer protection laws.

  • April 13, 2018

    True Value PE Buy-In Vote Beats Injunction To Move Ahead

    True Value Co. won Delaware Chancery Court clearance on Friday to move ahead with a stockholder vote on the sale of a 70 percent stake in the 4,400-store hardware cooperative, after a vice chancellor rejected a stockholder preliminary injunction motion.

  • April 13, 2018

    British Airways, Flyers Seek OK On $42M Deal To End Suit

    British Airways and a group of its passengers have asked a New York federal court for preliminary approval of an up to $42 million in cash deal to resolve claims that the carrier inflated fuel surcharges, saying the settlement is a fair end to the long-running class action suit.

  • April 13, 2018

    2nd Circ. Sides With Deutsche In Investors' Laundering Case

    A proposed class of investors can’t revive their suit accusing Deutsche Bank AG of ignoring shortcomings with its internal controls amid an alleged Russian money-laundering scheme, the Second Circuit said Friday, finding they failed to show the bank intended to deceive shareholders when it touted the success of those controls.

  • April 13, 2018

    Ed Groups Urge 3rd Circ. To Leave Penn ERISA Suit Dead

    A group of higher education associations told the Third Circuit on Thursday that a lower court was right to throw out a putative class action alleging the University of Pennsylvania’s employee retirement plan was rife with mismanagement, arguing the assertions are built on an improper comparison.

  • April 13, 2018

    Atty Denied Class Cert. In PACER Document Fee Fight

    A Florida federal judge refused Friday to grant certification to a proposed nationwide class of attorneys in a suit alleging the Public Access to Court Electronic Records system improperly charges users for viewing judges’ opinions, ruling it would be too difficult to define and administer such a vast PACER class.

  • April 12, 2018

    Workers Reach $10M Deal In ERISA Suit Over Pension Ripoff

    Workers who allegedly had millions diverted from their retirement funds by a former attorney asked a Pennsylvania federal judge on Wednesday to approve a $10 million settlement in a putative class action ERISA suit against Farmers & Merchants Trust Company of Chambersburg.

  • April 12, 2018

    2nd Circ. Revives Putative Class' Illegal Insurance Claims

    A Second Circuit panel on Thursday revived a putative class action against several insurance companies accused of offering illegal insurance, finding that a New York federal judge conflated the requirement for injury in fact with the underlying validity of the putative class’ argument.

  • April 12, 2018

    Security Co. Sees Biometric Privacy Suit Over Finger Scans

    A putative class of employees at an Illinois-based security company slapped their employer with a lawsuit in Illinois state court Wednesday, saying their personal information is being collected through a finger-scan time-keeping device and stored, in violation of state biometric privacy laws.

  • April 12, 2018

    NFL's Rams Must Hand Over Pricing Data In Ticketholder Suit

    A Missouri federal judge ordered the NFL's Rams on Thursday to produce certain pricing information that it had not produced despite what the ticketholder plaintiffs in litigation over the team's move to Los Angeles said was a long wait.

  • April 12, 2018

    Hackers Sold Saks Data On Dark Web, Shoppers Say

    Saks Inc. was hit with a proposed class action on Wednesday accusing the company of leaving customers’ credit and debit card information vulnerable to hackers who then sold it on the dark web, according to a suit in Tennessee federal court.

  • April 12, 2018

    Attys Vie To Lead Challenge To Gas Partnership Conversion

    Two attorney groups argued Thursday for the lead counsel role in a Delaware Chancery Court class action challenging a natural gas well investment partnership’s plan to convert into a corporation, saying the deal could cost preferred unitholders more than $237 million.

  • April 12, 2018

    SIBOR-Rigging Suit Axed At Hearing, But Plaintiffs Get Redo

    A Manhattan federal judge dismissed the latest version of a suit against dozens of banks over an alleged conspiracy to manipulate the Singapore Interbank Offered Rate on Thursday, telling the plaintiffs to try again but to include specific details and clearly explain why they can sue.

Expert Analysis

  • Strategies For FCRA Employment Class Actions: Part 2

    Excerpt from Lexis Practice Advisor
    James Boudreau

    The Fair Credit Reporting Act lends itself well to class litigation because it provides for statutory damages and attorneys' fees. In the final part of this article, James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss several aspects of FCRA-related employment litigation including challenges connected to discovery, depositions and summary judgment.

  • Class Action Lawyers Behaving Badly

    Thomas Dickerson

    In prosecuting and defending class actions, a conservative, ethical and salutary approach should be taken by all parties. Unfortunately, a survey of recent cases reveals a wide range of problematic behavior by certain class action attorneys, which only lends credence to criticisms of the class action concept, says retired judge Thomas Dickerson.

  • Jurisdiction Issues Dog Multistate Class Actions

    Michael Leffel

    Relying on the U.S. Supreme Court's 2017 Bristol-Myers Squibb ruling, the Northern District of Illinois recently rejected a putative nationwide class action in DeBernardis v. NBTY Inc. Federal appeals courts will likely soon weigh in on such attempts to preclude multistate class actions on jurisdictional grounds, say Michael Leffel and Aaron Wegrzyn of Foley & Lardner LLP.

  • Trend Against Disclosure-Only Settlements Continues

    Scott Barshay

    A New York state court’s recent decision in City Trading Fund v. Nye demonstrates that even under the state's less exacting Gordon standard, disclosure-only settlements will not be approved simply as a matter of course. The decision adds to a nationwide trend of courts acting to discourage frivolous claims in public company M&A situations, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Opinion

    States Must Fill Void Created By CFPB Regulatory Vacuum

    Brian Kabateck

    Our nation’s most aggressive consumer watchdog, the Consumer Financial Protection Bureau, has essentially been muzzled. It is now, more than ever before, incumbent upon states and their legislatures to ensure that their citizens are protected from unscrupulous financial institutions who only care to protect their bottom line, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Strategies For FCRA Employment Class Actions: Part 1

    Excerpt from Lexis Practice Advisor
    James Boudreau

    Employers’ increased use of various consumer reports coupled with the Fair Credit Reporting Act’s highly technical requirements has led to an uptick in employment-related FCRA class actions. In part 1 of this two-part article James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss the most common types of claims in this area and response strategies.

  • 3 Data Challenges In Wage And Hour Damages Analysis

    Christine Davis

    In January 2018 alone, 679 lawsuits alleging violations of the Fair Labor Standards Act were filed in district courts in the United States, and virtually all were collective actions. Christine Davis and Leonore Ralston of OnPoint Analytics discuss common data-related challenges that can emerge when analyzing wage and hour claims.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Finding Reason In The 'Reasonable Consumer'

    Anthony Anscombe

    A California federal judge recently granted summary judgment to Starbucks after a plaintiff claimed to have been defrauded because his latte contained foam, a victory for “reasonable consumers” and an opportunity to review the reasonable consumer standard to help focus arguments at all stages of class litigation, say Anthony Anscombe and Darlene Alt of Steptoe & Johnson LLP.

  • Using The Purchase Funnel To Analyze Consumer Behavior

    Nikita Piankov

    In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.