Legal Book » class-action

Dukes Doesn’t Bar Class Action over Bayer Vitamin Sales, Judge Rules

Master — Thu, 09 Feb 2012 02:45:58 +0000

A California federal judge has certified a statewide consumer class action against Bayer over health claims the company made for its men’s multivitamins, rejecting arguments by Bayer’s lawyers that the class claims couldn’t survive the U.S. Supreme Court’s Wal-Mart v. Dukes decision.

With $110 Million JPMorgan Deal, Settlements in Overdraft MDL Top $619 Million

Master — Tue, 07 Feb 2012 06:16:18 +0000

JPMorgan Chase disclosed in a court filing Friday that it had tentatively agreed to pay $110 million to settle consolidated class action claims that it overcharged customers for overdraft fees. Combined settlements in multidistrict overdraft litigation against about 30 banks now exceed $619 million.

Generic Drugmakers Settle Class Action Over Antidepressants

admin — Mon, 06 Feb 2012 21:43:00 +0000

Less than a year after the U.S.

Amex Again Loses Bid to Enforce Waiver

admin — Fri, 03 Feb 2012 05:40:44 +0000

In a case that has returned twice in three years because of fresh case law from the U.S. Supreme Court, the 2nd Circuit keeps coming up with the same answer: A class action waiver provision in American Express contracts with merchants is unenforceable under the Federal Arbitration Act.

Lawyer Sued Over YouTube Video Can’t Fight Back With Anti-SLAPP Law

admin — Tue, 31 Jan 2012 07:15:21 +0000

It’s the medium, not the message, that did in Ropers Majeski partner Thomas Clarke Jr. A California appeal court has ruled that, by posting a YouTube video in which he solicited plaintiffs for a class action, Clarke opened himself up to a defamation suit and can’t use the state’s anti-SLAPP law to ward it off.

Judge Sticks to Ruling Refusing to Order Arbitration in Wage Suit

Master — Thu, 19 Jan 2012 05:33:48 +0000

A New York federal judge has rejected Ernst & Young’s claims that an individual plaintiff is required to arbitrate her overtime claims individually instead of through a class action in the wake of the U.S. Supreme Court’s holding in AT&T Mobility LLC v. Concepcion.

Mayer Brown Convinces Ninth Circuit to Decertify Class in False Advertising Suit Against Honda

admin — Tue, 17 Jan 2012 21:47:00 +0000

A split 9th Circuit panel has decertified a nationwide false advertising class action against Honda’s U.S. subsidiary, ruling that California’s consumer protection law is too different from those in other states to permit class litigation.

Canadian Firm’s Ties to Milberg Figure in Fight for Sino-Forest Lead Counsel Role

admin — Thu, 12 Jan 2012 08:26:18 +0000

In a decision appointing firms to lead a shareholder class action against Sino-Forest Corp., a judge in Ontario explored whether the Toronto firm Kim Orr should be disqualified from the bidding because of the firm’s prominent ties with Milberg.

Canadian Firm’s Ties to Milberg Figure in Fight for Sino-Forest Lead Counsel Role

admin — Thu, 12 Jan 2012 08:26:18 +0000

Del. Judge Sanctions Famed Money Manager Steinhardt for Trading on Information Gleaned as M&A Class Action Plaintiff

Master — Tue, 10 Jan 2012 08:03:52 +0000

A Delaware Chancery Court judge sanctioned hedge fund pioneer Michael Steinhardt on Friday, finding that he traded on non-public information as a named plaintiff in a shareholder class action that sought to block a merger between telecom companies Occam Networks and Calix.

Federal Judge Approves $35.5 Mil. Antitrust Settlement

Master — Fri, 23 Dec 2011 19:39:09 +0000

A federal judge has approved a $35 million settlement in a class action in which plaintiffs claimed Babies “R” Us and baby product manufacturers engaged in violations of antitrust law.

MoFo, Choate Hall Shut Down Lead-Tainted Juice MDL

admin — Fri, 23 Dec 2011 02:48:42 +0000

A multidistrict litigation in Massachusetts over lead-tainted juice has been shut down by a judge in what seems like record time for a product liability class action. The ruling dismisses consolidated class action claims that eight food and beverage companies misled consumers about the safety of packaged juice and fruit products.

3rd Circuit Revives $295 Million Antitrust Settlement With De Beers

Master — Wed, 21 Dec 2011 20:45:32 +0000

A split en banc panel of the 3rd Circuit has reinstated a $295 million class action settlement in an antitrust case against diamond wholesaler De Beers after an initial panel of the court found the two nationwide classes involved in the settlement were improperly certified.

Goodwin Procter Persuades Judge to Reject Countrywide Class Action for the Second Time

admin — Wed, 21 Dec 2011 08:24:08 +0000

For the second time in two months, a federal judge has refused to certify a class action alleging Countrywide engaged in misleading sales and marketing practices in the run-up to the housing crash. In October, the judge rejected a proposed plaintiff class of 500,000 borrowers; this time it was a class of 60,000.

Madoff Victim Is Rebuffed in Bid for Reduction of Bank Service Fee

admin — Tue, 20 Dec 2011 06:53:12 +0000

A federal judge has dismissed a class action filed against Standard Chartered Bank by investors whose money ended up in Bernard Madoff’s Ponzi scheme, finding Standard Chartered was right to charge fees based on the face values of investors’ accounts even though the values turned out to be fraudulent.

Agreement reached in botched Armenian genocide claims process

Master — Wed, 07 Dec 2011 04:04:25 +0000

Los Angeles litigator Mark Geragos and a former co-counsel have resolved a dispute over a botched claims process in a $17.5 million class action settlement they reached on behalf of millions of descendants of Armenian genocide victims.

Bernstein Litowitz Reaches $315 Million Deal With BofA’s Merrill Unit in MBS Case

Master — Wed, 07 Dec 2011 04:04:23 +0000

Huge swaths of the securities plaintiffs bar have their time and money tied up in class action suits against major issuers of mortgage-backed securities. But three-plus years after the subprime meltdown, Bernstein, Litowitz, Berger & Grossmann is still the only plaintiffs firm to reach a settlement in any of the cases.

Cigna Not Entitled to Indemnity for Any of $140 Mil. Settlement

Master — Tue, 29 Nov 2011 08:48:58 +0000

A Philadelphia judge has ruled that Cigna is not entitled to indemnity for any of the $140 million it agreed to pay to settle a class action eight years ago because it intentionally failed to apportion the payments between RICO claims, which were covered by its professional liability insurance policy, and breach of contract claims, which were not.

Judge approves Bank of America overdraft settlement

Master — Thu, 24 Nov 2011 04:06:07 +0000

A federal judge in Miami has given final approval to a $410 million class action settlement with Bank of America over its overdraft fee practices, including attorney fees totaling $123 million. The 30 percent contingency fee, which includes expenses, was granted to more than 30 law firms.

Circuit Rejects AOL Privacy Settlement, Citing Random Beneficiaries

Master — Tue, 22 Nov 2011 07:07:34 +0000

The 9th Circuit has rejected a class action settlement that called for AOL to give $110,000 to random charities, saying the charities had nothing to do with the plaintiffs’ email privacy claims, and sending a message that courts should be more careful in doling out money under the cy pres doctrine.

Circuit Rejects AOL Privacy Settlement, Citing Random Beneficiaries

Master — Tue, 22 Nov 2011 07:07:33 +0000

Oracle Pays $35 Million to Settle Overtime Class

admin — Fri, 11 Nov 2011 08:23:29 +0000

Oracle has agreed to pay $35 million to settle a class action alleging it was not paying technical workers overtime because they were misclassified as exempt from state overtime rules. About 1,725 workers are now eligible to get average payments of about $13,000 each, says a plaintiffs attorney.

Oracle Pays $35 Million to Settle Overtime Class

admin — Fri, 11 Nov 2011 08:23:29 +0000

Judge Green-Lights Claims Against U.S. Auditor in China Expert Technology Class Action

Master — Thu, 10 Nov 2011 07:03:31 +0000

Lawyers for auditor PKF New York hoped to use the Supreme Court’s Janus ruling to evade securities claims in a class action targeting China Expert Technology, but a New York federal judge wasn’t persuaded. Separately, the judge refused to limit the plaintiffs’ discovery efforts in China.

Ninth Circuit Affirms Ruling for Plaintiffs on Class Cert Requirements in Amgen Class Action

admin — Thu, 10 Nov 2011 07:03:30 +0000

The class action plaintiffs bar has evened the count in a federal circuit split over a key requirement for class certification in securities cases. Ruling against Amgen, the 9th Circuit found that materiality is a question to be decided after the certification stage.