Class Action

  • October 25, 2017

    Court Again Chucks Chicken Chain's TCPA Deal

    Attorneys for a proposed class of consumers suing a fast-casual chicken restaurant operator over alleged federal Telephone Consumer Protection Act violations struck out a second time Wednesday when a Florida federal judge again refused to approve a $975,000 settlement.

  • October 25, 2017

    3rd Circ. Nixes Securities Suit Against Pa. Stock Exchanges

    The Third Circuit on Wednesday dismissed an investor’s suit alleging certain Philadelphia Stock Exchange investor groups’ trading strategies had deprived other investors of Pfizer Inc. dividends, saying alleged threats to the general “integrity of the market” are not sufficient basis for a claim.

  • October 25, 2017

    Deutsche Bank To Pay $220M To States In Libor-Rigging Deal

    Deutsche Bank AG will pay $220 million to several dozen states to resolve allegations that the German company manipulated benchmark interest rates including the U.S. dollar London Interbank Offered Rate in the largest Libor-related deal with state attorneys general to date, the New York attorney general announced Wednesday.

  • October 25, 2017

    Conagra Escapes 'Natural' Labeling Suit Over Wesson Oil

    A Massachusetts federal judge on Wednesday tossed a proposed class action alleging Conagra Foods Inc.’s Wesson brand cooking oils are misrepresented as "natural," saying the consumers haven’t alleged the products contain anything unexpectedly artificial.

  • October 25, 2017

    Delivery Co. Settles Drivers’ Wage Suit With $1.75M Deal

    A delivery company has agreed to a $1.75 million deal to settle a suit alleging that it violated California state wage and hour provisions by not paying a group of drivers for all the hours they worked, for overtime, and for business expenses.

  • October 24, 2017

    Chancery Throws Out $800M Morgans Hotel Deal Challenge

    A Delaware Chancery judge on Tuesday threw out a challenge to the Morgans Hotel Group Co.’s $800 million merger with hotel management firm SBEEG Holdings LLC, ruling that the suing shareholders hadn’t shown that former Morgans director Ron Burkle and his Yucaipa Cos. controlled and had a fiduciary duty to the company.

  • October 24, 2017

    Deal In Chipotle Food-Safety Derivative Suit Gets Early OK

    Chipotle Mexican Grill Inc. has agreed to institute a set of internal controls and corporate governance reforms to resolve shareholder derivative claims over alleged food safety oversight failures by the fast-casual chain’s current and former officers and directors, according to a proposed settlement given an initial green light by a Colorado federal judge on Tuesday.

  • October 24, 2017

    2nd Circ. Won't Revive Mirena Injury MDL Against Bayer

    The Second Circuit on Tuesday affirmed the dismissal of multidistrict litigation over alleged injuries from Bayer Pharmaceuticals Inc.’s intrauterine device Mirena, saying the lower court properly excluded problematic testimony by the plaintiffs’ experts.

  • October 23, 2017

    ‘Last Look’ Abuse Case Against Goldman Dropped Early

    A proposed class action that accused Goldman Sachs Group Inc. of using a practice called “last look” to cheat traders on its foreign exchange platforms has been dropped, making it the third of six similar cases to be withdrawn in the past two months.

  • October 20, 2017

    Pop Warner Can’t Escape Youth Football Concussion Suit

    Pop Warner Little Scholars Inc. shed part of a lawsuit Friday alleging it lacked procedures to protect young football players from head trauma, but will face parents' negligence and fraud claims on the grounds the nonprofit football group misrepresented its safety protocols.

  • October 20, 2017

    9th Circ. Keeps Call Recording Suit In Federal Court

    The Ninth Circuit on Friday reversed a decision to send back to state court a putative class action accusing Monterey Financial Services of recording phone calls without recipients' permission, ruling that the plaintiff had failed to prove that two-thirds of all potential class members resided in California.

  • October 20, 2017

    9th Circ. Revives Kimberly-Clark 'Flushable' Wipe Ad Suit

    The Ninth Circuit revived putative class allegations that Kimberly-Clark Corp. falsely advertised its wet wipes as “flushable,” and also resolved a lower court split by ruling on Friday that consumers seeking an injunction under California false advertising laws are alleging sufficient injury for federal courts to hear their claims.

  • October 20, 2017

    Seagate Gets Initial OK For $5.7M Worker Phishing Settlement

    A California federal judge gave his initial blessing Thursday to Seagate Technology LLC’s settlement that includes services valued at $5.75 million and resolves litigation over a 2016 data phishing incident that allegedly affected about 12,000 employees and their close relatives.

  • October 19, 2017

    Ace Insurance Gets Nod For $9.8M TCPA Class Settlement

    A Florida federal judge on Wednesday approved a $9.76 million settlement that Chubb Ltd. unit Ace American Insurance will pay to end a consumer class action accusing it of placing calls to numbers on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

  • October 19, 2017

    Long Beach To Spend $180M On Walkways To Settle ADA Row

    A California federal judge signed off on a settlement worth more than $180 million between the City of Long Beach, California, and a class of residents with disabilities, ending an Americans with Disabilities Act lawsuit alleging the city's non-accessible sidewalks are discriminatory toward people in wheelchairs.

  • October 19, 2017

    Coca-Cola Can't Shake Seagram's Ginger Ale False Ad Suit

    A California federal judge on Wednesday refused to toss a putative class action alleging The Coca-Cola Co. deceptively labeled its Seagram's Ginger Ale product as being "made with real ginger," finding the argument that the product's natural flavors may have been derived from ginger root wasn't enough to kill the case.

  • October 19, 2017

    Home Depot Dodges Background Check Suit, Spokeo Cited

    Home Depot on Thursday eluded a proposed class action accusing the retailer of wrongfully obtaining job applicants’ personal information through improper background checks, as a California federal judge found the applicants failed to demonstrate actual harm as required under the U.S. Supreme Court's Spokeo decision.

  • October 18, 2017

    3rd Circ. Revives Eyedrop Users' Action Over Dosage Size

    The Third Circuit on Wednesday revived a putative class action accusing Merck and other drug companies of boosting eyedrop sales by using bottles that dispense larger-than-needed doses, saying the suing consumers had shown harm and did have standing.

  • October 18, 2017

    2nd Circ. Won't Revive Ex-Faruqi Atty's Commissions Suit

    A Second Circuit panel on Wednesday torpedoed a former Faruqi & Faruqi LLP partner’s bid for a cut of $4 million the firm had earned on a settlement for a client she'd brought in, ruling that a New York federal judge hadn’t erred in concluding her oral compensation agreement with the firm wasn’t enforceable under state law.

  • October 18, 2017

    Time Warner Ducks Remnants Of Meal Break Suit

    A California federal judge on Tuesday threw out what was left of a proposed class action accusing Time Warner Cable Inc. of forcing dispatchers to work through meal and rest breaks, concluding that the named plaintiffs, moving forward after class certification was denied, couldn't show they were denied breaks.

Expert Analysis

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Opinion

    Arbitration Rule Repeal Will Adversely Affect Consumers

    Gregory Asciolla

    President Donald Trump's decision Wednesday to sign a congressional resolution repealing the Consumer Financial Protection Bureau’s arbitration rule represents a decisive blow to the American public’s access to the justice system, say Gregory Asciolla and Brian Morrison of Labaton Sucharow LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Applying Calif. Antitrust Law To Out-Of-State Transactions

    Fred Isquith

    In Packaged Seafood Products Antitrust Litigation, a California federal judge recently examined state court choice-of-law rules as applied in antitrust actions lodged in federal court. In applying California’s antitrust law to out-of-state transactions by the citizens of states other than California, the opinion adds an important contribution to the jurisprudence in this area, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • No Basis For Personal Jurisdiction In MDL Direct Filing

    James Beck

    It is common practice to allow plaintiffs anywhere in the country to “direct file” actions into multidistrict litigation after it has been established. There is no constitutional basis for personal jurisdiction in direct-filed MDL cases, and defendants should not do plaintiffs any favors by voluntarily agreeing to such procedures, says James Beck of Reed Smith LLP.

  • When D&O Insurers Withhold Settlement Consent

    Kevin LaCroix

    An Arizona federal judge in Apollo Education Group v. National Union Fire Insurance validated the insurer’s decision to withhold consent to a securities class action settlement, but this outcome is unlikely to encourage insurers. Most directors and officers insurers understand that their decision to withhold consent will be viewed narrowly by courts, says Kevin LaCroix of RT ProExec.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.