Class Action

  • July 21, 2017

    $11.2M Ashley Madison Data Breach Deal Gets Go-Ahead

    A Missouri federal judge on Friday preliminarily approved a proposed $11.2 million deal to end a suit over online dating site Ashley Madison’s 2015 data breach, giving the deal a nod just days after its proposal and the same day as a hearing on the subject.

  • July 21, 2017

    Mich. Residents Challenge State's Tax Sales At High Court

    A group of Michigan taxpayers fighting to get some of the proceeds from tax foreclosures on their property appealed to the Supreme Court last week, arguing that Michigan law allows the state to get an unconstitutional windfall from tax sales.

  • July 21, 2017

    NJ Knocked Out Of GWB Scandal Class Action Over Immunity

    New Jersey has been released from a putative consolidated class action over politically motivated lane closures at the George Washington Bridge after a New Jersey federal judge determined that the state was immune from liability and tossed the sole remaining claim against it.

  • July 21, 2017

    JPMorgan, Deutsche To Settle Libor Rigging Claims For $148M

    JPMorgan Chase & Co. and Deutsche Bank AG have agreed to pay a combined $148 million to escape two investor suits alleging they rigged the Libor benchmark rate, according to a proposed deal Friday, asking for early approval despite both banks having technically been dismissed from one of the cases.

  • July 21, 2017

    Green Mountain Investors Win Cert. In Stock Drop Suit

    A Vermont federal judge on Friday certified a class of investors in a long-running suit against Green Mountain for allegedly misstating its revenue and lying about single-cup coffee maker sales, while also shutting down the company’s bid to partially dismiss the case.

  • July 21, 2017

    Jury Begins Deliberations In Suit Over AbbVie's AndroGel

    A man who claims he had a heart attack after using AbbVie Inc.’s testosterone replacement therapy drug AndroGel made his final plea to the Illinois federal jury hearing his case Friday, saying every decision the company made about the product had “consequences for real people.”

  • July 21, 2017

    Investors Sue Tempur Sealy Over Mattress Firm Merger

    The world’s largest bedding manufacturer, Tempur Sealy International Inc., was hit Friday in Kentucky federal court with another putative shareholder class action over its failed dealings with a large U.S. mattress retailer, alleging Tempur Sealy’s directors and officers mismanaged agreements with the retailer after it was acquired by another company.

  • July 21, 2017

    Attys For VW 3.0L Vehicle Owners Score $125M In Fees

    A California federal judge on Friday approved $125 million in fees and costs for attorneys who represented owners of Volkswagen AG’s pricier 3.0-liter engine vehicles with emissions-cheating devices, according to an order that noted the fees wouldn’t pull from the class recovery funds.

  • July 21, 2017

    Nissan’s Timing Chains Pose Safety Risks, Drivers Say

    Nissan drivers alleging the automaker concealed a defectively designed timing chain tensioning system urged a California federal judge Thursday to keep alive their class action, saying they are able to sufficiently demonstrate their safety concerns.

  • July 21, 2017

    Diesel Drivers Ask For Buybacks In Fiat Emissions MDL

    Drivers in multidistrict litigation in California federal court alleging that certain diesel engines in Fiat Chrysler Automobiles NV vehicles were equipped with hidden software to pass emissions testing are seeking a buyback program for the affected cars, as well as monetary damages.

  • July 21, 2017

    Five Guys Can't Toss Blind Woman's ADA Suit Over Website

    A New York federal judge on Friday told burger chain Five Guys Enterprises LLC that it can’t dodge a putative class action alleging its website’s ordering systems aren’t accessible to blind users in violation of the Americans with Disabilities Act.

  • July 21, 2017

    St. Louis Cabbies Can't Prove Uber Stole Biz, Judge Says

    A Missouri federal judge ruled Friday that a proposed class of taxi drivers didn’t prove they had an expectation of future business that Uber purportedly stole from them when it intentionally flouted St. Louis regulations requiring all for-hire drivers to get fingerprinted and obtain commercial drivers’ licenses.

  • July 21, 2017

    Monsanto, BASF Hit With Class Action Over Herbicide Safety

    Chemical giants Monsanto Company and BASF Corp. have manufactured a defective herbicide that has damaged soybeans and other crops not genetically modified to withstand it, forcing the state to ban the herbicide and causing farmers substantial harm, according to a proposed class action filed Thursday in Arkansas state court.

  • July 21, 2017

    Biz Groups Continue 5th Circ. Attack On DOL Fiduciary Rule

    Several financial and insurance industry groups, including the U.S. Chamber of Commerce, urged the Fifth Circuit on Thursday to rule against the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the rule’s definition of a fiduciary “defies centuries of precedent.”

  • July 21, 2017

    Noodles & Co. Dodges Credit Unions’ Data Breach Suit

    A Colorado federal judge tossed a proposed class action brought by financial institutions over a Noodles & Co. data breach, ruling Friday that the credit unions’ negligence claims failed as they had not shown that the fast-casual chain had contractual obligations toward them.

  • July 21, 2017

    Darden Says Evidence Lacking In Customer's Receipt Suit

    Darden Restaurants Inc. has asked a Florida federal judge to order a consumer to show why her suit, which claims the restaurant improperly printed a receipt with her credit card's expiration date, should remain in court, arguing the customer has failed to provide any documents that support her case.

  • July 21, 2017

    Uber Seeks Sanctions In Driver Misclassification Suit

    A law firm representing a class of Uber drivers claiming they were misclassified as independent contractors and denied appropriate tips has improperly used a list of class members to solicit future clients, Uber told a California federal court on Thursday, seeking sanctions while the drivers’ lawyers called the argument “patently frivolous.”

  • July 21, 2017

    TransUnion Says $60M FCRA Verdict Warrants New Trial

    One month after a jury found TransUnion owed $60 million in damages for violating the Fair Credit Reporting Act by conflating a class of consumers with similarly named terrorists and criminals from a government watch list, the company recently told a California federal court that the award was excessive and asked for a new trial.

  • July 21, 2017

    Miners, Travelers Reach Deal In Wage Claim Coverage Row

    Travelers Indemnity Co., formerly bankrupt Alpha Natural Resources LLC and others asked a West Virginia federal court on Friday to remand a wage suit by former coal miners, saying they've reached a settlement that belongs in state court.

  • July 21, 2017

    Investors Say SeaWorld Can't Mark Every Doc Confidential

    Investors in SeaWorld Entertainment Inc. claimed Thursday that the theme park operator is improperly shielding all of its discovery behind a confidentiality order in a suit accusing it of failing to tell shareholders that the 2013 documentary “Blackfish” caused an attendance drop at its theme parks.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Enforcing Arbitration Clauses In Product Packaging

    Abby Sacunas

    Two recent U.S. Supreme Court decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. Under certain states’ laws, such clauses may be enforceable — so long as reasonable notice is provided, along with notice that failure to return the product constitutes assent, says Abby Sacunas of Cozen O'Connor.

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • 9th Circ. Price Advertising Decision Threatens Retailers

    Rick Shackelford

    The Ninth Circuit's recent decision in Linda Rubenstein v. Neiman Marcus comes amid a wave of lawsuits targeting retailers for deceptive pricing. Though unpublished and without precedential effect, the decision will embolden plaintiffs to file similar class actions against retailers and could make it more difficult for them to succeed on motions to dismiss, say Rick Shackelford and Colin Fraser of Greenberg Traurig LLP.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Resolving Class Claims Individually Post-Fulton Dental

    Arsen Kourinian

    Expanding on the U.S. Supreme Court’s Campbell-Ewald ruling, the Seventh Circuit’s recent decision in Fulton Dental v. Bisco further restricts a defendant’s ability to individually resolve a putative class action. Arsen Kourinian of McGuireWoods LLP discusses whether there are other procedural mechanisms that would permit a defendant to provide an unwilling plaintiff full relief in order to moot class claims.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.