Class Action

  • March 28, 2017

    Target Consumers Say $10M Data Breach Deal Fair For All

    A group of Target customers on Monday shot back at concerns the Eighth Circuit raised over the adequacy of a $10 million class action settlement that resolved claims over the retailer's 2013 data breach, telling a Minnesota federal court that the pact was fair to consumers who hadn't yet suffered losses.

  • March 28, 2017

    Signet Investors Say Brass Downplayed Sex Bias Arbitration

    Signet Jewelers Ltd. and its top brass lied for years to investors about the severity and scope of sexual harassment and assault claims against the jewelry retailer, lifting up the company’s stock price before sending it hurtling on a record drop, according to a Texas suit on Tuesday.

  • March 28, 2017

    3rd Circ. Won't Send Birth Control Mass Tort To State Court

    A Third Circuit panel told a group of 113 birth control users Tuesday that their product liability suit against Endo Pharmaceuticals and other manufacturers over faulty packaging belongs in federal court, finding in a precedential ruling they failed to explicitly say they did not want to try their claims jointly under the Class Action Fairness Act.

  • March 28, 2017

    Clovis Investor Sues In Chancery Over Cancer Drug Trials

    An investor in Clovis Oncology Inc. has launched a derivative lawsuit in the Delaware Chancery Court accusing the company board of breaches connected to the clinical trials of the firm's showcase cancer drug and of misleading investors about the medication. 

  • March 28, 2017

    9th Circ. Resurrects TCPA Claims Against Debt Collector

    The Ninth Circuit has revived a putative class action accusing debt collector Adir International of violating the Telephone Consumer Protection Act by disseminating unwanted text messages, ruling that the plaintiff had sufficiently alleged that the company used an autodialer.

  • March 28, 2017

    Ruling Doesn't Ax Window Defect Coverage, 7th Circ. Hears

    Window maker Kolbe & Kolbe told the Seventh Circuit on Tuesday that a recent Wisconsin Supreme Court precedent doesn't foreclose its bid for coverage of its costs to defend against a homeowner class action over allegedly defective windows, asserting that a federal judge applied an overly broad reading of the high-profile decision.

  • March 28, 2017

    Regency Seeks 2nd Toss Of $11.2B Merger Challenge

    A unitholder challenge to the $11.2 billion merger of Regency Energy Partners LP and Energy Transfer Partners LP — remanded to Chancery Court after a dismissal appeal — has failed to show the deal breached duties to Regency's best interests and should again be tossed, company attorneys said late Monday.

  • March 28, 2017

    Wells Fargo To Pay $110M To End Phony Accounts Suits

    Wells Fargo & Co. has agreed to pay $110 million to resolve 12 putative class actions that allege bank workers opened unauthorized accounts in customers’ names or enrolled them in the bank’s services without their consent, the bank announced Tuesday.

  • March 28, 2017

    School District Wants Texas Or Calif. For Faulty Turf MDL

    A Texas school district that’s suing FieldTurf USA Inc. over allegedly defective turf on Tuesday told the Judicial Panel on Multidistrict Litigation it supports pretrial consolidation, but thinks the case should be handled in Texas or California — not in New Jersey, as FieldTurf has requested.

  • March 28, 2017

    Calif. Toll Operators Defend System As Constitutional

    The operators of the 91 Express Lanes in Orange County, California, told a federal judge Monday that they’re well within their authority to use driver information to collect unpaid tolls, slamming a proposed class of motorists’ who allege their privacy is being violated and that the tolls are unconstitutional.

  • March 28, 2017

    Starbucks Customer Wants Another Shot At Iced Drink Suit

    A customer alleging that Starbucks tricks buyers of its iced drinks by underfilling the cup with actual liquid urged the Ninth Circuit Monday to revive his proposed class action, saying the question of whether the chain engaged in false advertising is best left for a jury.

  • March 28, 2017

    10th Circ. Won't Nix 10K Opt-Ins To Chipotle FLSA Suit

    A Tenth Circuit panel on Monday denied Chipotle Mexican Grill Inc.’s request that a Fair Labor Standards Act collective action of 10,000 plaintiffs be disbanded, saying that while a Colorado federal court’s decision to conditionally join the collective as it did was questionable, it was not an abuse of discretion.

  • March 28, 2017

    Ex-NFLers Oppose Fees From Concussion Settlement

    Nearly 200 former NFL players and their families seeking recovery from an uncapped NFL concussion settlement on Monday objected to a 5 percent set-aside sought from their potential awards by the lead class attorneys from Seeger Weiss LLP and Anapol Weiss, arguing that such an amount is not appropriate at this time.

  • March 28, 2017

    Mazda Says New Claims In Faulty Clutch Action Untimely

    Mazda Motor Corp. said Monday that two newly added plaintiffs to an amended proposed California class action alleging the car maker knowingly sold Mazda 3 vehicles with defective clutches have asserted untimely and faulty consumer protection and breach of warranty claims that should be tossed.

  • March 28, 2017

    Vitamin Maker Must Face 'Made In USA' Class Action

    A consumer’s proposed class action against vitamin manufacturer Nature’s Way alleging it misrepresented its products as “made in the USA” can proceed, an Illinois federal judge ruled Tuesday, saying the consumer provided enough proof she was damaged to avoid having the case tossed.

  • March 28, 2017

    AT&T Call Recipients Can't Certify Class In TCPA Suit

    A California federal judge refused on Tuesday to certify a class of non-AT&T customers who claim that AT&T Services Inc. violated the Telephone Consumer Protection Act by calling them about nonexistent AT&T accounts, saying the class is “entirely different” than the one proposed in the complaint and there’s no practical way to identify class members.

  • March 28, 2017

    Prison Phone Co.'s Arbitration Bid Untimely, Group Says

    The group of consumers who Global Tel*Link Corp. contends must arbitrate their claims that it price-gouged prison phone calls urged an Arkansas federal judge to deny that compel motion, arguing that after two years of litigation, the prison communications company has waived that right.

  • March 28, 2017

    Cos. Urge Court To Toss Action Over Smelting Contaminants

    Three companies urged a New Jersey federal court Tuesday to toss a putative class action brought against them by Carteret, New Jersey, residents over environmental contamination from a defunct smelting plant, claiming the lawsuit fails to specify the alleged conduct of each business and instead lumps the parties together.

  • March 28, 2017

    NCAA Says Even Players In Revenue Sports Aren't Employees

    The NCAA again urged a California federal court to dismiss minimum-wage and overtime claims by a former University of Southern California football player, arguing Monday that his suit rests on the "implausible" contention that the revenue generated by certain college football programs makes those players employees.

  • March 28, 2017

    Natural Gas Pipeline Inspectors Lose Cert. Bid In OT Fight

    A Pennsylvania federal judge has refused to certify a proposed class of natural gas pipeline inspectors for Gulf Interstate Field Services Inc. in a Fair Labor Standards Act overtime suit, finding that the named workers in the suit aren’t similarly situated.

Expert Analysis

  • And Now A Word From The Panel: MDLs And The High Court

    Alan Rothman

    On the heels of last week’s confirmation hearings for U.S. Supreme Court nominee Judge Neil Gorsuch, this month’s column by Alan Rothman of Arnold & Porter Kaye Scholer LLP explores the impact that various high court decisions have had on multidistrict litigation practice, and the statutory role that the Supreme Court plays with respect to the panel and MDLs.

  • Judge Gorsuch's Dubious Commitment To Legal Textualism

    Max Kennerly

    In practice, being an “originalist” or a “textualist” is a lot like being “gluten-free” except when it comes to pasta and bagels. Most “textualists” are happy to apply these concepts rigorously when it will produce the result they want — but they’ll relax or ignore them if it produces a politically inconvenient outcome. Judge Neil Gorsuch seems to fit this profile, says Max Kennerly of Kennerly Loutey LLC.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Plaintiffs Continue To Target Retail Text Programs

    Michael P. Daly

    One of the most vocal critics of the Federal Communications Commission’s 2015 Telephone Consumer Protection Act ruling was now-Chairman Ajit Pai, and his predictions have been borne out. Amid the millions of consumers shopping for goods and services is a small but steadily growing number of plaintiffs shopping for something else — a class action seeking staggering statutory damages, say Michael Daly and Meredith Slawe of Drinker Bi... (continued)

  • Challenging Personal Jurisdiction In Online Conduct Cases

    Blaine C. Kimrey

    A discussion of personal jurisdiction is conspicuously absent from an Illinois federal judge's recent opinion in Rivera v. Google. However, it seems that a company like Google could rely on past Seventh Circuit and U.S. Supreme Court decisions to dispute personal jurisdiction when there are no contacts between the defendant and the forum state, other than those created by the plaintiffs, say Blaine Kimrey and Bryan Clark of Vedder Price PC.

  • Real Win For Virtual Casino: Lessons For Game Developers

    Christopher Queenin

    The Fourth Circuit's recent ruling in Mia Mason v. Machine Zone provides guidance to video game developers on how to avoid being accused of creating or supporting unlawful gambling or being liable under gambling loss recovery statutes, says Christopher Queenin of Nixon Peabody LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    U.S. Supreme Court nominee Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the Tenth Circuit in Hammond v., favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.