Class Action

  • July 11, 2019

    Wells Fargo's $17.85M Deal To End 6 TCPA Suits Is Approved

    Wells Fargo's $17.85 million deal resolving six proposed class actions accusing the bank of calling and texting consumers in violation of the Telephone Consumer Protection Act has received approval in Illinois federal court.

  • July 11, 2019

    Ocean Spray Fails To Decertify Class In ‘Artificial Flavors’ Suit

    The maker of Ocean Spray has failed to decertify a class of customers in a suit accusing it of falsely advertising that its juice-based beverages don’t include artificial flavors, with a California federal judge saying the attempt to invalidate a pricing analysis and consumer survey conducted by the lead plaintiff did not hold up.

  • July 11, 2019

    Trump Fights Deposition Bid In Campaign Worker Bias Suit

    President Donald Trump asked a Florida federal court on Wednesday for a protective order blocking an ex-campaign staffer from making him sit for a deposition in her suit accusing his campaign of underpaying black female workers, which also includes an allegation he kissed her without permission.

  • July 11, 2019

    Exchanges Defend Bid To Appeal 'Flash Boys' Suit Survival

    Major U.S. stock exchanges said Wednesday that the survival of litigation accusing them of helping high-frequency traders get an unfair advantage creates legal questions that need to be addressed by an appeals court.

  • July 11, 2019

    Cattle Price-Fixing Cases Consolidated In Minnesota

    A Minnesota federal court ruled Wednesday that some of the country’s largest meatpacking companies, including Tyson and Cargill, will now face consolidated allegations of colluding to drive down prices of cattle used for beef production.

  • July 11, 2019

    TGI Fridays Patron Wins Cert. In Drink Prices Suit

    A split New Jersey state appellate panel on Thursday nixed a ruling denying class certification in a suit against a TGI Fridays franchisee for not listing drink prices on its menus, saying a trial court mistakenly ruled that a patron must prove all proposed class members suffered a loss.

  • July 11, 2019

    REV Group Can't DQ Fund, Attys For Strategic Litigating

    A federal judge has denied REV Group Inc.'s attempt to disqualify a pension fund and its counsel for allegedly colluding with counsel in a related state court stock-drop case against the specialty vehicle manufacturer, saying that dropping certain securities claims was a reasonable strategic move.

  • July 11, 2019

    Vineyard Vines Sued For Disclosing Card Expiration Dates

    Vineyard Vines was hit Thursday with a proposed class suit in Florida alleging the clothing company violated federal law by printing receipts with customers’ credit card expiration dates and their full names, exposing them to identify theft.

  • July 11, 2019

    Investors Fight Cement Co.'s Bid To Pause $1B IPO Suit

    Investors in Loma Negra Corp. said Wednesday that the Argentine cement maker was simply forum-shopping by asking that their federal court suit over its $1 billion initial public offering be paused in favor of a state court action.

  • July 11, 2019

    9th Circ. Gives LifeLock Securities Fraud Suit Second Wind

    A Ninth Circuit panel has largely revived a securities fraud suit brought by two Oklahoma pension funds against LifeLock Inc., finding they adequately alleged the identity protection company knowingly made misrepresentations to investors about the speed of theft notifications.

  • July 11, 2019

    Miner Says Bankrupt Blackjewel Fired Workers Without Notice

    A former employee of coal mining company Blackjewel LLC is accusing the company in a proposed class action of firing 1,000 workers without warning in violation of federal law after it filed for Chapter 11 protection earlier this month.

  • July 11, 2019

    NYC Says Subway Development Plan Moots Disability Suit

    New York City asked a federal court on Wednesday to toss a proposed class action alleging less than 25% of the subway system is accessible to those with disabilities, arguing plans are already underway to make stations more accommodating.

  • July 11, 2019

    Adidas Bogged Down 401(k) With $6M In Fees, Suit Says

    Adidas America Inc. breached its legal responsibilities to investors in its 401(k) plan by stuffing it with over $6 million in exorbitant administrative fees, the participants have said in a proposed class action filed in Oregon federal court.

  • July 10, 2019

    Ja Rule Off The Hook, For Now, In $100M Fyre Fest Suit

    A New York federal judge on Wednesday dismissed all of the claims facing Ja Rule and the chief marketing officer of Fyre Festival over the Bahamas music fest’s infamous failure, though he’s letting attendees take another shot at some claims against the Queens-born rapper.

  • July 10, 2019

    SiruisXM Privacy Suit Tossed Too Soon, 9th Circ. Told

    A California driver urged the Ninth Circuit on Wednesday to revive his proposed class action claiming Sirius XM Radio Inc. violated a federal privacy law by using data from motor vehicle records to target him for subscription offers, arguing the trial court incorrectly ruled a driver’s license isn’t a DMV record.

  • July 10, 2019

    3 State Classes Certified In McCormick Slack-Fill Suit

    A D.C. federal judge on Wednesday granted class certification to three state consumer protection classes with claims against McCormick & Co. Inc., in a multidistrict litigation accusing the company and Wal-Mart Stores Inc. of hiding that they had reduced the amount of pepper sold in grinders and tins.

  • July 10, 2019

    Haagen-Dazs Wants Customer's 'Thank You' Text Suit Tossed

    Haagen-Dazs asked a California federal court for a quick win in a consumer’s proposed class action that claims the Nestle subsidiary violated federal law by sending unsolicited text messages to thank customers who signed up for a rewards program.

  • July 10, 2019

    Boardwalk Pipeline Buyout Suit Should Stand, Chancery Told

    There is enough information to "reasonably" infer that Boardwalk Pipeline Partners LP's $1.5 billion public-unit buyout last year by its general partner was unfair to minority unitholders, and a suit challenging the transaction should proceed, a Delaware vice chancellor was told Wednesday.

  • July 10, 2019

    Texas Judge Kicks Tribe Members' Pipeline Suit To ND

    A Texas federal judge transferred litigation alleging that an oil pipeline trespasses on Three Affiliated Tribes reservation lands, noting that another proposed class action raising similar claims is already pending in North Dakota.

  • July 10, 2019

    Rite Aid Can't Arbitrate Generics Price Suit, Shopper Says

    A Rite Aid customer has shot back at the pharmacy chain's bid to force him to arbitrate his proposed class action accusing the company of overcharging customers who pay with insurance compared to the prices offered in its discount plan for cash-paying customers.

  • July 10, 2019

    Heritage Says Conn. Leaked Email About Congressional Probe

    Heritage Pharmaceuticals accused Connecticut's attorney general on Tuesday of including a privileged email in a new generic-drug price-fixing complaint that suggests the company tried to obstruct a congressional investigation.

  • July 10, 2019

    Wells Fargo, Employees Get OK For $35M Deal In OT Fight

    A New Jersey federal court on Tuesday gave an initial green light to a $35 million deal aimed at resolving a dispute between Wells Fargo & Co. and over 38,000 bank employees who say the financial behemoth failed to come through with legally obligated overtime pay.

  • July 10, 2019

    Signet Investors Win Cert. In Harassment Statements Suit

    A New York federal judge certified a class of investors Wednesday who claim Signet Jewelers Ltd.’s code of conduct included false statements about a harassment-free workplace that were meant to dull the impact of a separate lawsuit over its supposedly toxic workplace.

  • July 10, 2019

    Firm Can't Escape Suit Over Collection Letter At 3rd Circ.

    Lyons Doughty & Veldhuis PC fell short in its bid to escape a proposed class action over alleged violations of the Fair Debt Collection Practices Act after the Third Circuit on Wednesday said a collection letter from the firm failed to spell out the identity of the creditor.

  • July 10, 2019

    Workers Say Harbor Freight Fixed Time Sheets To Avoid OT

    Harbor Freight Tools USA Inc. violated state and federal overtime laws by making employees clock out for meal breaks regardless of whether they kept working during the break time, according to a proposed class action filed Wednesday in Pennsylvania federal court.

Expert Analysis

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • Defending Securities Act Claims In Texas State Court: Part 3

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    Litigating federal Securities Act class actions in Texas state courts is still a new frontier in the wake of the U.S. Supreme Court's 2018 Cyan decision. In the final part of this series, attorneys at Haynes and Boone discuss class certification defenses and obtaining early summary judgments.

  • Class Action Settlements May Look Different In The Future

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    U.S. Supreme Court Justice Clarence Thomas' dissent in Frank v. Gaos and plaintiff Theodore Frank’s systematic efforts to reshape the consumer class action process indicate that the court's decision in this case is another step along the course of change to class action settlements, say Joseph Boyle and Christopher Drury of Kelley Drye.

  • Employee Arbitration Pact Pointers From Calif. Courts

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    In parallel with the U.S. Supreme Court's Epic Systems and Lamps Plus opinions on employee arbitration agreements, California appellate courts recently contributed two rulings that highlight opportunities for employers to succeed or fail when drafting such contracts, says Benjamin Treger of Hirschfeld Kraemer.

  • Perspectives

    Calif. Lawmakers Should Stay Out Of USC Sex Abuse Case

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    A pending settlement between the University of Southern California and 17,000 former students would resolve claims over the actions of a sexually abusive gynecologist. But proposed state legislation could undermine the settlement, says Shook Hardy partner Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Defending Securities Act Claims In Texas State Court: Part 2

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    After last year's U.S. Supreme Court ruling in Cyan, defendants are more likely to face federal Securities Act class actions in Texas state courts. Knowledge of Texas procedures can help defendants challenge a state court's jurisdiction and understand how best to handle parallel proceedings, say attorneys at Haynes and Boone.

  • Defending Securities Act Claims In Texas State Court: Part 1

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    The U.S. Supreme Court's ruling in Cyan last year allowed plaintiffs to pursue class actions under the federal Securities Act in state courts. Texas has notoriously unusual procedures for obtaining early pretrial wins in securities litigation, but there are opportunities for knowledgeable practitioners, say attorneys at Haynes and Boone.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • Preparing For PFAS Scrutiny: Part 2

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    If the flurry of developments around per- and polyfluoroalkyl substances in the last six months is any indication, new regulatory proposals and new lawsuits could soon be springing up on an almost weekly basis, say William Tarantino and Megan Ault of Morrison & Foerster.

  • A Class Action Defense Gift From Frank V. Gaos

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    To the careful reader of the U.S. Supreme Court's opinion in Frank v. Gaos, the last page of Justice Clarence Thomas’ dissent presents an important argument for defeating class certification, say attorneys with McGuireWoods.

  • What To Expect From New EEOC Pay Data Demands

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    A recent D.C. federal court order requires the U.S. Equal Employment Opportunity Commission to collect pay data from employers by Sept. 30. This reporting burden is significant, and there will likely be errors and inconsistencies as companies interpret the requirements in the context of their workforce demographics, says Jeffrey Heller of Vorys Sater.

  • Preparing For PFAS Scrutiny: Part 1

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    While debate continues over the precise environmental and health effects of PFAS — or per- and polyfluoroalkyl substances — companies must be ready for heightened standards now being developed by Congress and federal agencies, say William Tarantino and Megan Ault of Morrison & Foerster.

  • To Fix Securities Class Actions, Put Damages Analysis First

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    Securities class actions rarely go to trial — yet many are highly winnable by the defense. To better gauge whether a case truly meets the requirements to be a securities class action, we propose moving damages expert reports and discovery ahead of fact discovery, say Douglas Greene of BakerHostetler and John McCarrick of White and Williams.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

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