Class Action

  • January 15, 2020

    Equifax Data Breach Settlement Is A Good Deal, Judge Says

    A landmark data breach deal that requires Equifax to pay up to $425 million to consumers provides valuable monetary and injunctive benefits that "likely exceed" what class members could have achieved at trial, a Georgia federal judge said in a lengthy ruling explaining why he approved the contested settlement. 

  • January 15, 2020

    New Data Shows 100B Opioid Pills Flooded U.S. Over 9 Years

    Data previously available only to federal agencies shows that opioid industry distributors and pharmacies unleashed 100 billion pain pills across the country during a nine-year span, plaintiffs lawyers in the massive opioid multidistrict litigation said Wednesday.

  • January 15, 2020

    Allegiant $4M Deal In Safety Lapse Stock-Drop Suit Gets OK

    A Nevada federal judge on Tuesday tentatively signed off on a $4 million settlement in a securities class action alleging low-cost airline Allegiant hid its poor safety record and lied to investors about maintenance lapses and dangerous flight incidents, saying it's a fair deal.

  • January 15, 2020

    Best Buy Hit With Suit Over 'Confusing' COBRA Notices

    Best Buy is the latest company to be accused of failing to properly notify former workers of their ability to keep their health care coverage under COBRA, after an ex-employee filed a proposed class action against the retailer in Florida federal court Wednesday.

  • January 15, 2020

    AmEx Wins Arbitration, Dismissal For Anti-Steering Suit

    Retailers still accusing American Express of violating antitrust law will have to pursue their allegations in arbitration, if at all, after a New York federal judge said Wednesday that merchants with card acceptance agreements are bound by an arbitration agreement while those without them have no case at all.

  • January 15, 2020

    Bayer Says 27K Essure Suits Can't Head 'Full-Steam' To Trial

    Bayer urged a California judge Wednesday to find that state injury claims by more than 27,000 women who were allegedly harmed by Essure birth control devices are preempted by federal law, arguing that the legal theory at the heart of the litigation isn't viable and can't proceed "full-steam ahead" to trials.

  • January 15, 2020

    FTC Settles With Sales Worker In Belize Scam For $86M

    A Maryland federal judge has approved an $86 million judgment against a sales and marketing employee in a Federal Trade Commission case alleging a massive real estate investment scam in a Manhattan-sized development in the country of Belize.

  • January 15, 2020

    VW Aims To DQ Ex-FBI Chief From 'Clean Diesel' Bellwether

    Volkswagen has told a California federal judge that former FBI director Louis J. Freeh cannot testify on behalf of plaintiffs in an upcoming bellwether trial because Freeh previously received confidential information when he was angling to represent Volkswagen in mounting litigation tied to its "clean diesel" emissions scandal.

  • January 15, 2020

    GSK Seeks To Forgo Trial In First Zofran MDL Bellwether

    GlaxoSmithKline argued in court Wednesday to prevail on simply a paper record in the first trial in a multidistrict case over whether the company's anti-nausea medication Zofran caused birth defects, claiming a California mother cannot show she wouldn't have taken Zofran anyway, even with a birth defect warning.

  • January 15, 2020

    How The High Court Could Reshape The TCPA's Future

    The U.S. Supreme Court's upcoming ruling on the constitutionality of the Telephone Consumer Protection Act could drastically transform how the statute is wielded in court and spur a perpetually divided Congress to craft a new set of robocall restrictions.

  • January 15, 2020

    Hispanic Chipotle Workers Can't Get Cert. In Bias Suit

    A California federal judge on Wednesday declined to certify a statewide class action alleging Chipotle holds back Hispanic and Mexican workers by only promoting workers who speak fluent English and banning Spanish in its restaurants, saying the workers didn't show the restaurant has those policies.

  • January 15, 2020

    Attorney's TV News Interview Draws Call For Sanctions

    A Pittsburgh invention marketing company sought sanctions Wednesday for an interview that plaintiff’s attorney Julie Pechersky Plitt gave local CBS affiliate KDKA-TV calling the company a “fraud,” which it says ran afoul of Pennsylvania’s rules of professional conduct for lawyers. 

  • January 15, 2020

    Skepticism Greets Bid To Hold Lender Liable In India Damage

    A D.C. federal judge seemed dubious about holding a private-sector lending arm of the World Bank solely accountable for environmental damages caused by a coal-fired power plant it financed in India, suggesting Wednesday that doing so would conflict with U.S. Supreme Court precedent.

  • January 15, 2020

    1st Circ. Affirms Dismissal For Mercedes-Benz In Defect Suit

    The First Circuit has affirmed a Massachusetts federal court's decision to toss a proposed class action accusing Mercedes-Benz of covering up a "catastrophic" radiator defect, saying the driver who filed the suit completely failed to reckon with the fact that his claims are time-barred.

  • January 15, 2020

    GE Deal With Owners Of Shatter-Prone Microwaves Gets OK

    A Connecticut federal judge on Wednesday signed off on General Electric Co.'s agreement to pay microwave buyers up to $300 apiece for microwave doors allegedly prone to shattering, in a deal that could reach more than $20 million in total.

  • January 15, 2020

    Checkers Drive-In Settles Nationwide TCPA Suit Over Texts

    Checkers Drive-In Restaurants Inc. agreed to provide two $5 vouchers to all members of a proposed class of customers who say they received promotional text messages from the fast food chain in violation of the Telephone Consumer Protection Act.

  • January 15, 2020

    Apple Buyers Bring Faulty Security Patch Suit To 9th Circ.

    A group of Apple Inc. device buyers is turning to the Ninth Circuit, saying the district court unfairly subjected them to an exceedingly high pleading standard when it dismissed their proposed class action alleging security patches slowed down the processing speed of Apple devices.

  • January 15, 2020

    Proposed Sirius XM Class Seeks Final OK Of $32M TCPA Deal

    A proposed settlement class has asked a Texas federal judge to give his final blessing to a $32.4 million deal resolving Telephone Consumer Protection Act claims against Sirius XM Radio Inc. that includes a promise by the radio provider to change certain phone solicitation policies.

  • January 15, 2020

    Migrants Win Atty Access During Credible-Fear Interviews

    Asylum-seekers can access counsel during their immigration interview process after a California federal judge ruled in a class action that depriving them of legal representation would cause irreversible harm.

  • January 15, 2020

    Wells Fargo Workers' Attys Get $10.5M Cut Of $35M OT Deal

    A New Jersey federal judge has approved $10.5 million in attorney fees as part of a $35 million deal to resolve a class and collective action claiming Wells Fargo & Co. didn't properly pay thousands of bank employees overtime, as well as up to $60,000 in costs.

  • January 15, 2020

    As Harman Asks For Dismissal, Investors Seek Class Cert.

    One day after Harman International Industries Inc. submitted a motion for judgment, company investors on Tuesday asked for certification of their proposed class in a federal suit in Connecticut alleging they were duped by Harman's proxy statement as it sought approval of its $8 billion acquisition by Samsung Electronics Co. Ltd. 

  • January 15, 2020

    Robbins Approved To Lead Vape Co. Stock-Drop Suit

    A Florida federal judge approved the selection of Robbins LLP as lead counsel for a proposed investor class action accusing e-cigarette distributor Greenlane Holdings Inc. of keeping quiet about regulatory issues ahead of its initial public offering.

  • January 15, 2020

    SocGen Reaches Settlement In Libor-Rigging Suit

    Societe Generale SA has cut a deal to settle part of the massive Libor-rigging litigation investors have leveled against more than a dozen big banks, although no specifics on the agreement were provided.

  • January 15, 2020

    Cornell Calls Ex-Workers' Bid To Revive ERISA Claim 'Fanciful'

    Cornell University has asked a New York federal judge not to give its workers a second chance to pursue a challenge to the record-keeping fees paid by their retirement plans, saying the workers didn't have the "silver bullet" they needed to get that claim back on track.

  • January 15, 2020

    Trader Joe's $1.3M Deal Gets Nod In Underfilled Tuna Can Suit

    A California federal judge has given preliminary approval to a $1.3 million settlement intended to end a proposed class action accusing grocery retailer Trader Joe's of underfilling 5-ounce cans of tuna, saying a Ninth Circuit decision last year allows the case to apply California law nationwide.

Expert Analysis

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Opinion

    End Attorney Fee Trophy Hunting In Securities Litigation

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    A Delaware federal court's recent decision not to award attorney fees in Scott v. DST Systems is an important win for shareholders, but halting abusive fee hunting in securities litigation should be a priority for Congress and the U.S. Securities and Exchange Commission, says former SEC Commissioner Paul Atkins, CEO of Patomak Global Partners.

  • Top Class Settlement Admin Factors To Consider In 2020

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    Managing class action settlement issues like notice, fraud and judicial standards may become more complex and expensive as new obstacles, such as the California Consumer Privacy Act, come into play next year, says Jeanne Finegan at HF Media.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Private Equity Wants To Buy Your Asbestos Liabilities

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    BorgWarner's deal to sell off its asbestos liabilities this week confirms that such sales are a viable corporate strategy that can be less expensive than, and offer disclosure advantages over, prepackaged bankruptcy and loss portfolio insurance. But they still come with a cost, and can raise trust and security issues, says Stephen Hoke of Hoke LLC.

  • 2 Del. Decisions Call Out Conflicted Controlling Stockholders

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    In Tornetta v. Musk and the BGC Partners Derivative Litigation, the Delaware Chancery Court has reaffirmed that concerns over controlling stockholders may be valid even when the controller didn't intend to exercise coercive influence, independent directors negotiated a transaction, or stockholders approved the transaction, say attorneys at Fried Frank.

  • MDLs Are Redefining The US Legal Landscape

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    With last week’s settlement of a bellwether case in the national prescription opiate multidistrict litigation as one example, a shift toward more expeditious and individualized MDLs is taking place, with the potential to effect profound change in the U.S. legal space, say Alan Fuchsberg and Alex Dang of the Jacob Fuchsberg Law Firm.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Best Practices For US-Canada Virtual Mass Tort Teams

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    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.

  • Calif. ADA Ruling Applies Website Nexus Standard Broadly

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    While a California appellate court’s recent decision in Thurston v. Midvale leaves some Americans with Disabilities Act questions unanswered, it makes clear that commercial websites with a nexus to a physical location are subject to the law, says Jean-Paul Cart at Schiff Hardin.

  • $25M Award In Pay Stub Case Underscores PAGA Risks

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    A California superior court judge's recent $25 million award for wage statement violations in Gunther v. Alaska Air reminds employers of their potential exposure under the Private Attorneys General Act, and highlights the importance of compliant pay stub practices, says Katherine Catlos at Kaufman Dolowich.

  • Opinion

    States Are Wrong To Block Local Gov'ts From Opioid Suits

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    The Ohio attorney general's recent attempt to stop local governments from suing opioid manufacturers disregards the vital role cities and counties play in protecting their citizens, including by demanding accountability in court, says Fordham University School of Law professor Nestor Davidson.

  • Recent Antitrust Lessons For The Life Sciences Industry

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    Recent cases, such as the Suboxone litigation in Pennsylvania federal court, illustrate how life science companies' internal documents have led to significant antitrust consequences in the areas of life cycle management, mergers and acquisitions, pharmaceutical pricing and patent litigation settlements, say attorneys at White & Case.

  • Trading Models Underestimate Securities Class Damages

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    In securities class actions, the discrepancy between trading model estimates of damaged shares and the actual number of valid damaged share claims reveals a need to account for recent changes in trading patterns and the claims process, say Narinder Walia and Adam Werner at Crowninshield Financial Research.

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