Class Action

  • January 20, 2017

    Jimmy Choo To Pay $2.5M To Settle Receipt Data Privacy Row

    Luxury shoe brand Jimmy Choo has agreed to fork over $2.5 million to settle a proposed class action accusing it of putting consumers at risk of identity theft by printing sensitive data on credit card receipts, according to documents filed in Florida federal court Friday.

  • January 20, 2017

    Costco Secures Workers' Class Decertification At 9th Circ.

    A class of workers in a long-running labor law violation case against Costco Wholesale Corp. was rightfully decertified because their circumstances around any allegedly unpaid work varied too much to be litigated together, a Ninth Circuit panel said on Friday.

  • January 20, 2017

    FCRA Violation Props Up Horizon Breach Row, 3rd Circ. Says

    The Third Circuit on Friday revived a putative class action over a data breach at Horizon Healthcare, ruling in a published opinion that plaintiffs did not have to allege that their information had been misused but instead could rely on purported violations of the Fair Credit Reporting Act to establish standing. 

  • January 20, 2017

    Calif. Court Affirms BofA Win, Reverses Fees In Bias Row

    A California appeals court affirmed on Friday a lower court’s decision giving Bank of America Corp. an early win in a consolidated class action alleging the bank terminated its debt collection employees based on their race, but reversed an order that awarded the bank $620,000 in attorneys' fees.

  • January 20, 2017

    Home Depot Escapes Whirlpool Energy Star Label Row

    A New York federal judge on Thursday freed Home Depot from a lawsuit attempting to hold the company liable, as Whirlpool's agent, for selling washing machines that Whirlpool allegedly falsely labeled as energy-efficient, ultimately ruling any breach of warranty claims are not Home Depot’s fight.

  • January 20, 2017

    State Farm Intrusive Discovery Case Heads To Texas Justices

    The Texas Supreme Court on Friday agreed to review two State Farm Lloyds discovery disputes in which the insurer argues intrusive and unjustified electronic discovery in multidistrict litigation alleging State Farm defrauded policyholders by underpaying wind and hailstorm claims.

  • January 20, 2017

    7th Circ. Nixes Time Warner Class' Appeal, Citing Spokeo

    The Seventh Circuit on Friday affirmed the dismissal of a Time Warner Cable Inc. subscriber’s proposed class action against the company for storing former customers’ personal information, saying the man had neither alleged nor offered any evidence of concrete harm, citing Spokeo.

  • January 20, 2017

    Chancery Tosses Claims Over Alleged UPS Cigarette Scheme

    A Delaware Chancery judge late Thursday threw out derivative claims accusing United Parcel Service Inc. directors of faulty oversight that led to an alleged scheme to haul untaxed cigarettes, ruling the suing shareholders hadn’t shown it would have been futile to take the claims to the company’s board.

  • January 20, 2017

    Buyers, Lowe's Settle Flooring Formaldehyde Class Action

    A putative class of consumers has settled claims accusing Lowe's Home Centers and Armstrong Flooring of selling laminate flooring with dangerous levels of formaldehyde, according to papers filed Friday.

  • January 20, 2017

    Face Scan Storage Not Actual Injury, Video Game Maker Says

    The maker of an NBA video game asked a New York federal judge on Friday to toss a putative class action claiming the company collected and retained facial scans of gamers because the players didn’t suffer any actual harm.

  • January 20, 2017

    Mitsubishi To Pay $75M To End Direct Buyers' CRT Claims

    Direct buyers of Mitsubishi televisions urged a California federal judge Thursday to approve the company's agreement to resolve their antitrust claims for $75 million in the sprawling cathode ray tube price-fixing multidistrict litigation.

  • January 20, 2017

    Korean Ramen Buyers Win Class Cert. But Not Sanctions

    A California federal judge Thursday granted class certification to purchasers of Korean ramen noodles alleging a price-fixing conspiracy among noodle manufacturers and their U.S. affiliates, saying the buyers’ experts had adequately shown classwide antitrust impact from the alleged collusion, but declined to impose sanctions regarding evidence preservation.

  • January 20, 2017

    FHFA Supplants Fannie Mae Shareholders In Deloitte Suit

    The Federal Housing Finance Agency took over from Fannie Mae shareholders as the plaintiff in a lawsuit against auditing firm Deloitte & Touche LLP over mortgage-crisis losses after a Florida federal judge found that FHFA, as the conservator of government-sponsored Fannie Mae, has the sole power to bring any claims.

  • January 20, 2017

    Hatchimals Buyers Say Defect Cracked Their Christmas Fun

    Parents who waited in long lines and shelled out big bucks for Hatchimals were left with egg on their faces when 2016’s hottest Christmas gift proved to be defective in that it didn’t, well, hatch, according to a proposed class action filed in California federal court Thursday.

  • January 20, 2017

    Investors, Banks Trade Shots In Libor Case

    Investors this week continued to spar with the banks they accuse of manipulating the London Interbank Offered Rate over the dismissal of investor claims last year, while the court ordered another plaintiff to resubmit its complaint.

  • January 20, 2017

    Fiat Chrysler Investors Sue Over Emissions, Recall Missteps

    Fiat Chrysler investors on Thursday launched a proposed class action lawsuit in New York federal court accusing the automaker of inflating its stock price by making false statements related to the use of emissions software and failing to implement recalls and mandated safety compliance protocols.

  • January 20, 2017

    United Flight Attendants Want Quick Change In Pay Reporting

    A class of United Airlines Inc. flight attendants asked a California federal judge on Thursday to quickly rule in their favor regarding claims that the airline violated state wage statement laws and instruct the company to update its practices.

  • January 20, 2017

    Cohen Milstein Pushes For Class Counsel Nod In ERISA Suit

    Two law firms on Thursday continued their push to be appointed co-lead counsel in a putative class action accusing New Jersey’s St. Joseph’s Healthcare System of ERISA violations, telling a federal judge that four other courts have deemed them worthy of the role in similar suits.

  • January 20, 2017

    Agile Lied About Birth Control Patch Study, Investor Says

    Agile Therapeutics Inc. misled investors into thinking that a contraceptive patch it was developing would get U.S. Food and Drug Administration approval, even though more than half the participants had dropped out of the clinical study and the patch didn’t meet industry standards, a second potential class of shareholders alleged in New Jersey federal court on Friday.

  • January 20, 2017

    Debt Collector AllianceOne Can’t Duck Deception Claims

    A Pennsylvania federal judge rejected arguments Thursday that purportedly misleading claims in a debt collection letter sent by AllianceOne had not caused a concrete and particularized enough injury to support class claims leveled under the Fair Debt Collection Practices Act.

Expert Analysis

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Another Jurisdiction, Another Disclosure Settlement?

    Sean J. Griffith

    A year after the Delaware Chancery Court announced in Trulia that the paragon of nuisance settlements — the “disclosure only” settlement — would no longer be welcome, deal litigation is still common and, increasingly, it is avoiding Delaware. This is because of the failure of the forum-selection solution advertised in Trulia, says professor Sean Griffith of Fordham University School of Law.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.