Class Action

  • December 7, 2016

    UBS, Banco Popular Unit See $5M Investor Suit Pared

    A Manhattan federal judge on Wednesday largely pared a $5 million proposed class action alleging that UBS AG and a Banco Popular subsidiary steered older investors into risky and volatile mutual funds, finding many claims to be time-barred.

  • December 7, 2016

    Dunkin’ Donuts Gets Coffee Sales Tax Suit Dumped

    Dunkin’ Donuts dodged a proposed class action on Tuesday when an Illinois federal judge dismissed the suit alleging that a store in a south suburb of Chicago charged an excessive amount of sales tax on bulk purchases of coffee beans.

  • December 7, 2016

    Judge Changes Mind On Decert. Bid In Haitian Worker Suit

    A Florida district judge changed his mind Tuesday and moved to decertify a class of Haitian workers accusing a blueberry farm of national origin-based discrimination, less than a week after reaching the opposite conclusion and only a couple days before trial is set to begin.

  • December 7, 2016

    Kraft Can't Pause Cheese Suit For Pending FDA Regs

    A California federal judge Tuesday refused to temporarily pause a class action accusing Kraft Foods Group Inc. of falsely advertising its artificially colored cheddar cheese while the company waits for federal regulators to define what’s “natural,” saying the U.S. Food and Drug Administration's guidance is irrelevant to the central issue of the case.

  • December 7, 2016

    Body Shops’ Filing Error Ends 11th Circ. Insurer Suit

    The Eleventh Circuit on Tuesday said a group of automotive repair shops cannot reinstate claims against State Farm Mutual Automobile Insurance Co. and other insurers over an alleged scheme to manipulate vehicle repair costs, shooting down arguments that the court was at fault for the lateness of their appeal.

  • December 6, 2016

    Fla. Exotic Dancers Certified For Collective Wage Suit

    A Florida federal court has granted a group of exotic dancers preliminary certification to move forward with a Fair Labor Standards Act collective action against the owners of two adult entertainment clubs they claim have not been paying proper minimum wage or overtime.

  • December 6, 2016

    Tanning Co. Settles For $1.5M Under Illinois Biometric Law

    A tanning salon chain will pay $1.5 million to quash claims it violated the Illinois Biometric Information Privacy Act by obtaining customer fingerprints without their consent and failing to properly inform them of how the data would be stored.

  • December 6, 2016

    Mercedes Escapes 'Defeat Device' Emission Suit For Now

    A New Jersey federal judge dismissed a lawsuit by Mercedes owners who say their diesel cars use “defeat devices” to cheat on emissions tests on Monday, saying the owners don't have basic standing, but giving them another chance to replead the case.

  • December 6, 2016

    GE Share Conversion Fight Survives Bid To Toss In Del.

    A Delaware vice chancellor on Tuesday declined to toss a proposed class action alleging that General Electric Co. misled stockholders who sold their involuntarily converted shares days before the company offered an exchange for a better price, saying that the investors have standing to sue.

  • December 6, 2016

    USA Labeling Suit Against Denim Co. Lacks Facts, Court Says

    A California federal judge on Tuesday dismissed a proposed class action accusing denim maker Citizens of Humanity LLC of falsely asserting that its apparel is made in the U.S., saying the customers suing the company failed to show how its products contain foreign materials.

  • December 6, 2016

    Green Dot, MasterCard Reach Deal Over Debit Disruption

    Green Dot Corp. and MasterCard Inc. agreed to pay up to $6.4 million to compensate a class of Walmart MoneyCard holders who sued over a three-day disruption in service that cut off access to the consumers’ funds, according to papers filed in California court Monday.

  • December 5, 2016

    Zynga Shareholder Suit Over Directors' Biases Revived

    A shareholder of online game maker Zynga Inc. saw his derivative suit revived by the Delaware Supreme Court on Monday when a panel found several Zynga directors couldn’t impartially hear his concerns over a secondary offering before the filing of a lawsuit.

  • December 5, 2016

    7th Circ. Won't Declare UPenn Athletes As Employees

    The Seventh Circuit held Monday that two University of Pennsylvania student-athletes’ participation in college sports does not make them school employees, a death knell for their proposed class action claiming they deserved minimum wage pay under the Fair Labor Standards Act.

  • December 5, 2016

    Gov't Can't Beat Nonprofit Groups' PACER Fee Suit

    A Washington, D.C., federal judge has refused to kill a proposed class action by nonprofit groups that claim PACER is too expensive, concluding Monday the users don’t have to exhaust the service’s administrative appeals because the complaint isn’t about a billing error.

  • December 5, 2016

    Consulting Co. Can't Escape Indian Nationals' ERISA Suit

    An Illinois federal judge allowed a putative class action brought against consulting firm Capgemini North America Inc. by a group of its employees to move forward Sunday, rejecting Capgemini's efforts to poke holes in the employees' claims they were cheated out of health insurance benefits.

  • December 5, 2016

    Cellphone User Beats Sanctions Bid In Pizza Hut TCPA Suit

    A cellphone user alleging Pizza Hut franchises sent him unsolicited text messages in violation of the Telephone Consumer Protection Act dodged a bid for sanctions over deleted text message evidence, as a Florida federal judge ruled Monday that the messages could have been erased before a duty to preserve them arose.

  • December 5, 2016

    Family Dollar Ducks PAGA Suit Over Lack Of Cashier Seating

    Family Dollar Inc. dodged an ex-employee's putative class action alleging it failed to give cashiers a place to sit down on the job when a California federal judge on Friday said the worker didn’t provide enough detail in an administrative notice letter for the case to proceed under the Private Attorneys General Act.

  • December 5, 2016

    Kraft Colored-Cheese Row Continues Toward Trial

    A California federal judge refused Friday to dismiss a class action accusing Kraft Foods Group Inc. of falsely advertising its artificially colored cheddar cheese, saying there were triable issues of fact.

  • December 2, 2016

    Huge Verdicts Won't Spur Settlement Talks In J&J Hip MDL

    Although a Texas federal jury hit Johnson & Johnson with a more than $1 billion verdict in the latest bellwether trial over the company's Pinnacle hip implants, fruitful settlement talks aren’t likely to happen before the Fifth Circuit weighs in on J&J’s lengthy list of complaints about trial rulings, MDL experts say.

  • December 2, 2016

    Wal-Mart To Pay $7.5M Over Same-Sex Spousal Benefits

    Wal-Mart Stores Inc. entered a $7.5 million settlement with as many as a few thousand workers who were unable to get health care coverage for their same-sex spouses, according to a proposed agreement filed in Massachusetts federal court on Friday.

Expert Analysis

  • OPINION: The Verdict — A Rejection Of Politics As Usual

    Reuben Guttman

    The verdict on Nov. 8, was not unanimous, especially when Secretary Hillary Clinton will end up with a popular vote advantage. Yet, it is a message of extreme magnitude from voters willing to overlook the serious flaws of a candidate because they could not reconcile themselves to ratifying the perpetuation of politics as usual, says Reuben Guttman, a partner of Guttman Buschner & Brooks PLLC and adjunct professor at Emory Law School.

  • Merging Law Firms: Why Hogan Lovells Has Worked

    J. Warren Gorrell Jr.

    As shown by the impending merger between Arnold & Porter LLP and Kaye Scholer LLP, consolidation in the legal industry remains a popular strategy among firms looking to boost revenue and acquire new clients. J. Warren Gorrell Jr., a key architect of the 2010 merger that created Hogan Lovells, reflects on his own experience and why mergers of equals are particularly difficult.

  • US Vs. The Rest: Litigation Funding’s Local Characteristics

    Noah Wortman

    Due to the peculiarities of its legal system, the U.S., as a relatively new market for litigation funding, differs substantially from heavyweights like Australia and newcomers to the scene such as Germany. Despite its differences, however, the U.S. represents a burgeoning potential market, say Noah Wortman of Goal Group of Companies and Jeremy Marshall of Bentham Europe Ltd.

  • Data Analytics: How Parties Are Using Tools Beyond TAR

    Andrea D'Ambra

    When we talk about analytics in the e-discovery world, we tend to focus on technology-assisted review, predictive coding, concept clustering and general review-centric technologies. But it is important not to forget that there are other uses for analytics that can help parties prove their claims or defenses, say Andrea D’Ambra and Sam Sessler of Norton Rose Fulbright US LLP and Charlie Platt of iDiscovery Solutions Inc.

  • Trump’s Impact On Independent Contractor Misclassification

    Richard J. Reibstein

    While it’s likely that the U.S. Department of Labor may dial down its independent contractor misclassification enforcement efforts when a Republican administration takes over the White House and appoints a new secretary of labor, there is no reason to expect that state labor departments will be any less aggressive in their efforts to crack down on this issue, says Richard Reibstein of Pepper Hamilton LLP.

  • 10 Things To Know About Net Neutrality And Class Actions

    Brett A. Shumate

    Given the potential dangers of violating the Federal Communications Commission's net neutrality rules, attorneys from Wiley Rein LLP offer 10 tips to help prepare for class actions involving net neutrality.

  • Employment Law Possibilities Under President Trump

    Michael H. LeRoy

    President-Elect Donald Trump offered little specifics about employment law policies on the campaign trail, but he painted enough broad brush strokes to offer some possibilities. He also energized whites, a demographic group not emphasized since George Wallace’s failed candidacy. That reality points all of us in a starkly new direction for employment law, says Michael LeRoy, a professor of law at the University of Illinois at Urbana-Champaign.

  • Candid Advice From The Bench: Judges Are People Too

    Alison Wong

    While it’s true that judges are more capable than juries of rendering decisions based on a subtler understanding of the law, trial lawyers shouldn’t assume that judges are immune to the unfolding drama and underlying context of the case. In fact, the most important lesson we’ve learned from interviewing retired judges is that they process information the same way jurors do, says Alison Wong of Salmons Consulting.

  • The Importance Of Brand Standards In Hotel Franchises

    Ann Hurwitz

    Hotel franchises can use brand standards to strengthen their image and ensure consumer satisfaction. However, companies should be careful not to overextend, or they risk incurring additional risks and liability, say Ann Hurwitz and Will Woods of Baker & McKenzie LLP.

  • Scope Of Class Actions For Plaintiffs Remains Unclear

    Benjamin Rubinstein

    While corporate defendants had hoped the U.S. Supreme Court's decisions last term would continue to make class actions more difficult for the plaintiffs' bar to pursue and win, those expectations failed to materialize. Instead, the court's more narrow recent rulings leave much to lower courts to clarify and for parties in class action cases to litigate, say Benjamin Rubinstein and David Wallace of Herbert Smith Freehills LLP.