Class Action

  • November 22, 2017

    Ex-AT&T Workers Fight To Keep Age Discrimination Suit In NJ

    A putative class of laid-off AT&T Inc. employees on Tuesday urged a New Jersey federal court not to toss two members’ claims in an age discrimination suit, arguing that the telecommunications company wrongly asserted that their class claims have no reason to be in New Jersey.

  • November 22, 2017

    New Law Moots Freedom Watch's NSA Lawsuits: Judge

    A D.C. federal judge dismissed two lawsuits filed in 2013 by the founder of conservative advocacy group Freedom Watch Inc. against the National Security Agency, ruling Tuesday that a 2015 law barring its indiscriminate bulk metadata collection programs mooted the lawsuits’ request for injunctive relief.

  • November 22, 2017

    Ex-Players' Riddell Helmet Safety Suit Kicked To Illinois

    A California federal judge on Tuesday transferred a putative class action alleging that sports equipment manufacturer Riddell and parent company BRG Sports Inc. lied about the protection that its helmets offered against concussions, agreeing with former college football players who argued that Illinois was the proper venue.

  • November 22, 2017

    No New Trial For Parents Suing Abbott Over Birth Defects

    An Ohio federal judge on Wednesday refused to grant a new trial to parents of a child born with birth defects who claimed that Abbott Laboratories Inc. didn't warn patients of the risks of its anticonvulsant drug Depakote, finding the jury wasn't given erroneous instructions.

  • November 22, 2017

    Consumers Say Hedge Fund Financed Illegal Tribal Lending

    Vermont residents on Tuesday hit a hedge fund with a proposed class action in federal court alleging it helped concoct a sham tribal payday lending scheme meant to skirt laws preventing companies from charging consumers exorbitant interest rates while hiding behind tribal sovereign immunity.

  • November 22, 2017

    2nd Circ. Won't Revive Ad Suit Against Slingbox Maker

    A Second Circuit panel on Wednesday affirmed a lower court’s dismissal of a proposed class action accusing Sling Media Inc. of adding unwanted advertisements to its Slingbox mobile streaming service, concluding that the consumers did not plausibly allege a deceptive act or practice on Sling’s part.

  • November 22, 2017

    Inventure Foods Shareholders Misled In Utz Merger, Suit Says

    Shareholders of specialty food marketer Inventure Foods Inc. hit the Phoenix-based company with a proposed class action Wednesday in Arizona federal court, alleging company officials intentionally misled them in an effort to move along an announced $165 million acquisition by branded snack maker Utz Quality Foods LLC.

  • November 22, 2017

    Exxon Climate Suit Not A Copy Of NY Probe, Investors Say

    Investors accusing Exxon Mobil Corp. of concealing its climate change knowledge said Tuesday that the company is glossing over clearly false and misleading statements it made over its climate change costs when it argued that their proposed class action parrots a politically motivated and "baseless" investigation pursued by New York Attorney General Eric Schneiderman.

  • November 22, 2017

    Ill. Condo Sellers Say Online Database Overcharged Them

    CondoCerts.com, a web database that sells statutorily mandated certification documents to people selling condos in Illinois, was hit with a $5 million putative class action from sellers who claim it's illegal for the website to charge "more than the reasonable cost of copying those documents."

  • November 22, 2017

    Waiver On L3 Background Check Form Violates FCRA: Suit

    An employee of military contractor L3 Technologies Inc. on Tuesday filed a putative class action in California federal court alleging the company's onboarding paperwork violates the Fair Credit Reporting Act by combining background check consent and a liability waiver on the same form.

  • November 22, 2017

    Medicis, Solodyn Buyers Duel For Quick Wins In Antitrust MDL

    Medicis Pharmaceutical Corp. and two classes of Solodyn buyers have each asked a Massachusetts federal court for quick wins to end the buyers’ pay-for-delay suit accusing Medicis of paying generic-drug makers to stay off the market for the acne medication, with the parties fighting over how much competition exists.

  • November 22, 2017

    Milwaukee Bucks Dancers Score Final OK In Wage Suit

    A Wisconsin federal judge on Tuesday signed off on a deal between Milwaukee Bucks dancers and the NBA team over its alleged failure to pay them overtime and minimum wages, saying the settlement adequately resolves claims that would otherwise require lengthy litigation.

  • November 22, 2017

    Hunton Moves To Toss $34M Stanford Deal Objections

    Hunton & Williams LLP asked a Texas federal judge Tuesday to reject the objections that have been raised to its $34 million deal to settle allegations that it aided Robert Allen Stanford’s $7 billion Ponzi scheme, saying the settlement is fair and won’t impact the rights of other parties embroiled in litigation over the scheme.

  • November 22, 2017

    ChinaCast Reaches Deal To Advance Ch. 11 Plan Confirmation

    ChinaCast Education Corp. and a private equity firm sitting on a $66 million judgment against the defunct company asked a New York bankruptcy court Tuesday for a second chance at approval of a settlement, which would see them team up to pursue $30 million worth of the debtor’s insurance policies.

  • November 22, 2017

    VW Can't Duck Suspension Defect Suit After New Claim Filed

    A Florida federal judge on Tuesday denied Volkswagen’s bid to toss a lawsuit over an alleged suspension defect in its CC sedans, finding the motion moot after the proposed class of drivers who launched the suit filed a new complaint the day before that added a number of new claims.

  • November 22, 2017

    NC Casino Operator Moves To Nix Unpaid Wages Suit

    The operator of a pair of North Carolina tribal casinos has urged a federal judge to toss a proposed class and collective action accusing it of failing to pay certain employees for all the hours they worked.

  • November 21, 2017

    Phillips 66’s $5.5M Wage Deal Drives Toward Approval

    A California federal judge preliminarily approved on Tuesday Phillips 66’s $5.5 million settlement that would resolve a putative class action alleging the energy company violated wage and hour statutes shorting refinery operators' pay, but she required the parties to refine the class notice so it's easier to understand.

  • November 21, 2017

    Supervalu Shoppers Say Co. Can't Check Out Of Breach MDL

    A group of consumers argued Monday that Supervalu Inc. can’t shake multidistrict litigation over two 2014 data breaches after the Eighth Circuit sent the matter back to Minnesota federal court upon determining that just one of the shoppers leading the consolidated action had standing, saying the grocery chain wants to impose an unfairly high standard.

  • November 21, 2017

    Chicken Cos. Must Face Broiler Chicken Price-Fixing Suit

    The nation’s largest poultry producers must face most claims in a major antitrust lawsuit brought by three classes of consumers alleging the companies conspired to fix prices of broiler chickens, an Illinois federal judge ruled Monday.

  • November 21, 2017

    Akorn Reaches $24M Deal To End Investors' Accounting Suit

    Specialty drugmaker Akorn Inc. has reached a $24 million deal to settle a proposed investor class action alleging that the company’s failure to fix widespread accounting problems and weak internal controls led it to report inflated revenue figures to the market, according to papers filed in Illinois federal court on Monday.

Expert Analysis

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • What A Solar Eclipse Has To Do With Market Efficiency

    Daniel Bettencourt

    A common criticism of the event study methodology for testing market efficiency is that the number of events is insufficient and that the results cannot be generalized for the entire class period. That's where Albert Einstein and the 1919 total solar eclipse come in, say Daniel Bettencourt and Steven Feinstein of Crowninshield Financial Research.

  • 4 Takeaways From EEOC’s Recent Focus On ADA Lawsuits

    Mauro Ramirez

    The U.S. Equal Employment Opportunity Commission's activities this year indicate the agency's continued emphasis on vigorous enforcement of the Americans with Disabilities Act as a top priority. A review of the disability suits filed by the EEOC in 2017 provides insight into which of these ADA claims are significant enough for the EEOC to devote litigation resources, says Mauro Ramirez of Fisher Phillips.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.