Class Action

  • April 28, 2017

    Home Depot Settles Investor Suit Over Data Breach

    Investors in The Home Depot Inc. struck a deal to end their shareholder derivative suit against members of the retailer’s board of directors over a 2014 customer data breach, according to a proposed settlement filed in Georgia federal court Friday.

  • April 28, 2017

    NHL Not Backing Down Despite Loss On Concussion Docs

    Even though the National Hockey League lost its bid to obtain underlying research materials from Boston University's CTE Center, the league appears as aggressive as ever in defending against a proposed class action by former players who say the NHL failed to warn them of the long-term risks of repeated head injuries.

  • April 28, 2017

    Judge OKs $150M In Fees In Dow, Boeing Nuke Pollution Suit

    Counsel for the Colorado residents who achieved a $375 million settlement with Dow Chemical Co. and a Boeing-owned former Rockwell subsidiary over nuclear waste pollution secured $150 million in attorneys’ fees Friday when a federal judge signed off on the bid.

  • April 28, 2017

    US Investors In Chinese Online Lender Fight To Preserve Suit

    Shareholders in Chinese peer-to-peer lending company Yirendai Ltd. asked a California federal judge on Thursday to keep their securities fraud suit against the company and its executives alive, saying their request to dismiss the case rested on mischaracterizations and factual arguments the court couldn’t consider.

  • April 28, 2017

    Flawed Analyses Undermine Gold Price-Fixing Suit, Banks Say

    Barclays Bank PLC and three other banks want another shot at tossing a proposed class action accusing them of manipulating a benchmark gold price, telling a New York federal court in a letter that they have discovered errors in the statistical evidence marshaled against them.

  • April 28, 2017

    4th Circ. OKs RJ Reynolds' Win In $50M ERISA Suit

    The Fourth Circuit on Friday upheld tobacco giant RJ Reynolds’ win in an Employee Retirement Income Security Act class action over $50 million allegedly lost to retirement plan mismanagement following its 1999 spinoff from RJR Nabisco Inc., saying that a hypothetical and prudent plan manager would have done the same thing.

  • April 28, 2017

    Banking Giants Hit With Indirect Investors' Forex Rig Suit

    JPMorgan Chase & Co., Bank of America Corp. and several other major banks are facing yet another proposed class action for allegedly manipulating the foreign exchange market, after investors who indirectly bought the firms' products sued Friday.

  • April 28, 2017

    New GM Says Tronox Decision Blocks Successor Liability

    General Motors LLC tried Thursday to use the Second Circuit’s recent Tronox ruling to shut down the onslaught of faulty ignition suits it’s been fighting for years, telling a New York federal court those claims would benefit all the creditors of its predecessor Old GM, and therefore only Old GM should be liable for them.

  • April 28, 2017

    8th Circ. Affirms $60M Symantec Deal Over Objections

    The Eighth Circuit upheld the approval of a $60 million settlement resolving class claims that Symantec Corp. and an e-commerce services provider duped customers into buying an unnecessary add-on to Norton security software, holding in a published opinion Friday that challenges raised by two objectors weren’t persuasive.

  • April 28, 2017

    New Allergan Fat-Freezing Unit Hit With False Ad Suit

    A recently acquired Allergan PLC unit is capitalizing on a confusing element of the U.S. Food and Drug Administration’s marketing process to trick customers into thinking its fat-freezing system has the agency’s approval, according to a proposed class action in California on Thursday.

  • April 28, 2017

    Facebook Can Take Birthday Text Class Action To 9th Circ.

    A California federal judge ruled Thursday that Facebook could appeal his rejection of its motion to dismiss a putative class action alleging its text message reminders about friends’ birthdays violate the Telephone Consumer Protection Act, over the opposition of both the proposed class and the government.

  • April 28, 2017

    Arconic Denies Manipulating Election, Stands By Disclosure

    Metals manufacturer Arconic Inc. pushed a New York federal court on Friday to reject an investor’s requested preliminary injunction that would impact its upcoming board of directors election, fighting allegations that it issued “fake news” about a $500 million payment obligation to prevent investors from infusing the board with new blood.

  • April 28, 2017

    Dancers Hit Philly’s Vanity Grand Cabaret With Wage Suit

    An exotic dancer filed a lawsuit on Thursday in Pennsylvania federal court against Philadelphia club Vanity Grand Cabaret, alleging that it doesn’t pay its dancers a proper minimum wage and improperly claims they are independent contractors.

  • April 28, 2017

    NHL Denies Proof Of Concussion-CTE Link In Class Cert. Fight

    The NHL urged a Minnesota federal court Thursday to reject two classes proposed by former hockey players alleging the league failed to warn them about the risks of repeated head injuries, saying no scientific study has definitively linked head traumas to neurodegenerative conditions.

  • April 28, 2017

    FTC Slams Objections To VW Emissions Fraud Settlements

    The Federal Trade Commission on Thursday fired back at objections to the multibillion-dollar settlements between car owners, Volkswagen and Robert Bosch GmbH in Volkswagen’s emissions cheating scandal, saying that the money involved in the three deals at issue was properly allocated and free of any conflict.

  • April 28, 2017

    Dr Pepper Says Consumers’ False Ad Claims Unsupported

    Dr Pepper Snapple Group Inc. urged a California federal judge Thursday to toss a putative class action brought by consumers accusing the beverage maker of falsely advertising that its Canada Dry ginger ale contains ginger, saying the consumers fail to support their claims.

  • April 28, 2017

    Costco Fax Recipients Get Class Cert. In TCPA Suit

    A group of people and companies led by a law firm accusing Costco of sending unauthorized faxes in violation of the Telephone Consumer Protection Act can proceed on their claims as a class, after a Missouri federal judge Thursday found the issue to be common and the class members ascertainable.

  • April 28, 2017

    Tech Co. Dodges Stock Drop Case, But Investors Get 2nd Try

    A California federal judge dismissed a proposed securities fraud class action Thursday against Extreme Networks Inc. but gave the suing investors a chance to strengthen their case, saying all the suspect statements the shareholders raised were either too vague or not actually false.

  • April 28, 2017

    Eddie Bauer Wants Credit Union's Data Breach Suit Nixed

    Eddie Bauer urged a Washington federal judge Thursday to toss a proposed class action claiming financial institutions have had to pick up the pieces after a 2016 data breach, saying Iowa law applies because the credit union leading the suit is based there and the allegations don’t pass muster under that state's laws.

  • April 28, 2017

    More NFL Players’ Ex-Counsel Seek Concussion Deal Payout

    Another law firm with ties to NFL players in the concussion and head injury litigation filed petitions Thursday in Pennsylvania federal court to place liens on any recovery funds obtained by their clients through a settlement approved earlier this year.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    When we think of a collusive agreement between competitors, we usually think of an act of directly fixing prices or output. But just sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Unocal Uncertainty, Other Takeaways From Paramount Gold

    Warren S. de Wied

    The Delaware Chancery Court's recent decision in Paramount Gold and Silver Stockholders Litigation highlights the open issue as to whether a post-closing challenge to deal protection devices under Unocal would survive if Corwin were applicable, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • How Privilege Applies To Multinationals' In-House Counsel

    Devika Kewalramani

    How does attorney-client privilege apply to an international company with corporate legal departments at a U.S. parent and at foreign subsidiaries? When does it attach to communications between such entities? These questions were the subject of a recent decision by a New Jersey federal court. The court's opinion provides real-world guidance to both in-house and outside counsel, say attorneys from Moses & Singer LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.