Class Action

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

by Nicole Skolout | BakerHostetler on 5/23/2013

On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more

Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

by LXBN on 5/23/2013

It seems like have year has its definining Supreme Court class action suit—and this year it is Comcast Corp. v. Behrend. The ruling, which came down just a few weeks ago, makes it considerably more difficult for to certify...more

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 5/23/2013

The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more

California Federal District Court Reinstates Order In Overdraft Class Action

by BuckleySandler LLP on 5/23/2013

On May 14, the U.S. District Court for the Northern District of California reinstated a prior order enjoining a national bank from engaging in false or misleading representations relating to certain overdraft practices and...more

Ninth Circuit Reverses Class Action Coupon Settlement Because Attorneys Were Awarded Fees Based on Hours Worked Rather Than Coupon...

by Mira Serrill-Robins | Proskauer - Privacy & Data Security on 5/23/2013

On May 15 a Ninth Circuit panel reversed the district court’s approval of a class action settlement, holding that attorney’s fees awarded in connection with a coupon for the class members must be tied to actual redemption of...more

Copyright Law Reform Engages Both Courts and Congress

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 5/22/2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

by Judith Harris | Reed Smith on 5/22/2013

In a recently released decision from the U.S. District Court for the Southern District of Florida, Mais v. Gulf Coast Collection Bureau, et al., Judge Robert N. Scola, Jr., granted in part and denied in part cross motions for...more

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

by Audet & Partners, LLP on 5/22/2013

Hundreds of plaintiffs injured by transvaginal mesh have joined the multi-district litigation currently active in the Southern District of West Virginia. On March 15, 2013, the plaintiffs in In Re: American Medical Systems,...more

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

by Judy Selby | BakerHostetler on 5/21/2013

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion....more

The Case for Wage & Hour Training

by NAVEX Global on 5/21/2013

Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more

California Courts Issue Multiple Decisions for Employers in Class Cases

by Greg Mersol | BakerHostetler on 5/17/2013

Just two years ago, a California case declining certification of an action would have been cause for comment. But since then, in 2011 the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541...more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

by R. Scott Adams | Spilman Thomas & Battle, PLLC on 5/17/2013

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

Insurance Recovery Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Prepare For A Storm of Lawsuits; To Ensure Coverage, Read Policy Carefully; and Ticketmaster Wins Reversal, Possible Coverage For Class Action Over Ticket Fees ...more

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?...more

U.S. Supreme Court Raises Standards For Class Certification

by Kenneth A. Manning | Phillips Lytle LLP on 5/17/2013

Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more

Re: Sino-Forest Corporation – When is an Indemnity Claim Really Just an Equity Claim?

by Domenico Magisano, Jason Squire | Lerners LLP on 5/16/2013

When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation (“SFC”) is such an example. Weighed down by allegations of accounting...more

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

by Tracey Holmes Donesky, Kristin Berger Parker | Leonard, Street and Deinard on 5/16/2013

Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...more

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

by Joshua Threadcraft | Burr & Forman on 5/14/2013

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

Employment Law Advisory for May 8, 2013: Recent Court Decision Highlights Risks in Piece Rate Compensation Plans

by Hopkins & Carley on 5/14/2013

Most non-exempt employees are paid by the hour for their work. California’s Wage Orders permit non-exempt employees also to be paid on a piece rate basis, however, and a recent decision from the California Court of Appeal...more

The ERISA Litigation Newsletter - May 2013

by Justin Alex, Anthony Cacace, Doughlas Dahl, Lisa Berkowitz Herrnson, Jacklina Len, James R. Napoli, Brian S. Neulander, Myron Rumeld, Neal Schelberg | Proskauer Rose LLP on 5/13/2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Federal District Court Denies Certification In Loan Modification Class Action

by BuckleySandler LLP on 5/10/2013

On April 29, the U.S. District Court for the Central District of California refused to certify a class seeking to challenge a mortgage servicer’s loan modification practices. Campusano v. BAC Home Loans Servicing, LP, No....more

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

U.S. Honey Suppliers Allege Damages Based on Illegal "Dumping" of China-produced Honey

by Audet & Partners, LLP on 5/9/2013

A class action has been brought on behalf of U.S. honey suppliers against defendants including Groeb Farms, Inc., Horizon Partners, Ltd., and Honey Holdings 1, Ltd., alleging an illegal scheme executed by defendants that...more

Second Circuit Ruling Applied to Revive MBS Claims

by Orrick - Structured Finance Group on 5/9/2013

On May 1, Judge Harold Baer, Jr. of the U.S. District Court for the Southern District of New York reinstated previously dismissed claims in two class actions brought by several pension fund plaintiffs against Royal Bank of...more

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$40 Million Skechers Toning Shoe Settlement Receives Final Approval

Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

California Federal District Court Reinstates Order In Overdraft Class Action

Ninth Circuit Reverses Class Action Coupon Settlement Because Attorneys Were Awarded Fees Based on Hours Worked Rather Than Coupon...

Copyright Law Reform Engages Both Courts and Congress

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

The Case for Wage & Hour Training

California Courts Issue Multiple Decisions for Employers in Class Cases

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

Insurance Recovery Law -- May 16, 2013

"Eye on Privacy" Newsletter - May 2013

U.S. Supreme Court Raises Standards For Class Certification

Re: Sino-Forest Corporation – When is an Indemnity Claim Really Just an Equity Claim?

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

Employment Law Advisory for May 8, 2013: Recent Court Decision Highlights Risks in Piece Rate Compensation Plans

The ERISA Litigation Newsletter - May 2013

Federal District Court Denies Certification In Loan Modification Class Action

California Employment Law Notes - May 2013

U.S. Honey Suppliers Allege Damages Based on Illegal "Dumping" of China-produced Honey

Second Circuit Ruling Applied to Revive MBS Claims

Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

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