Class Action

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
News & Analysis as of

All or Nothing? The U.S. Supreme Court to Address Whether Evidence In Support of Removal Must Be Submitted with the Notice of...

On April 7, 2014, the United States Supreme Court granted the petition for writ of certiorari in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719 (“Dart Cherokee”), to address whether a defendant must include...more

New Jersey District Court Cleans Up Complaint in Washing Machine Class Action Litigation

Washing machine class actions have been so active recently that some firms may be scrambling to form their own appliance-law practice groups. And who knows? That might not be a bad idea. Some of our greatest legal minds,...more

D&O Discourse Authors Davis and Greene to File Amicus Brief in Omnicare Case

My partner Claire Loebs Davis and I are honored to be working with Washington Legal Foundation on a U.S. Supreme Court amicus brief in the Omnicare securities class action. Omnicare concerns what makes a statement of opinion...more

Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action

The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act. The banks...more

Issue Of Gmail Users’ Consent To Google’s Email-Interception Practices Defeats Class Certification

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users. Plaintiffs in the various...more

United Kingdom and European Union Continue Push Toward Private Actions

There have been two recent developments in the expansion of private antitrust actions in the United Kingdom and the European Union. First, the United Kingdom continues to push toward opt-out collective proceedings for...more

An Overview of the 2014 Class Action Survey [Video]

To read the full 2014 Class Action Survey report, please visit ClassActionSurvey.com. Fifty-two percent of major companies are currently engaged in class action litigation. This percentage has remained fairly consistent...more

Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?

Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and...more

Advertising News & Analysis - April 10, 2014

In this issue: - FTC Updates Energy Labeling Rule - FTC Gives Cole Haan Pinterest Promotion the Boot - Major Class Action Victory for POM Decertifies Previous Class - Upcoming Events -...more

Collective Action Waiver Client Alert

Recently, the U.S. Court of Appeals for the Eleventh Circuit upheld a class action waiver in an arbitration clause, compelling employees who had attempted to bring a collective action under the Fair Labor Standards Act to...more

Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement

In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a...more

A Million Dollars In Fees For Class Counsel in Wachovia/Wells Fargo Merger Lawsuit

When I first looked at Judge Murphy's (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys' fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was...more

Sixth Circuit Affirms Dismissal of Securities Class Action for Failure to Properly Plead Scienter

On March 28, the US Court of Appeals for the Sixth Circuit affirmed a lower court’s dismissal of a shareholder class action against BioMimetic Therapeutics Inc., finding that plaintiffs had failed to sufficiently allege that...more

Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny...

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more

Employment Law Newsletter - April 2014

In This Issue: - Fairfax Circuit Court Strikes Down Noncompete as Overbroad, Offering Yet Another Lesson for Employers - No WARNing of Bankruptcy? - Department of Labor Further Delays Publication of its Final...more

When Online Behavior Crosses The Line – The Law On Threats, Libel And Just Being Rude

A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring...more

Must Claims Severed From A CAFA Class Action Be Remanded To State Court? The Fifth Circuit Says No.

Following Hurricane Katrina, the State of Louisiana filed a class action to recover under homeowners’ insurance policies that the state had received by assignment through a disaster relief program. The insurers successfully...more

No Silver Lining For Plaintiffs As J.P. Morgan Defeats Silver Market Manipulation Suit

History has shown that large class action cases often follow government investigations the way that the lamb followed Mary to school that day. Sometimes, however, those investigations die and Mary gets lost and brings her...more

Supreme Court To Decide Whether All Evidence Supporting Removal Under The Class Action Fairness Act Must Be Submitted With The...

To remove a civil action from state court to federal court, the defendant must “file … a notice of removal … containing a short and plain statement of the grounds for removal.” 28 U.S.C. § 1446(a). Today, the Supreme Court...more

Class-Action Plaintiffs Must Offer Evidence Showing That They Meet Class-Certification Requirements

A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23, not merely allege that...more

Dart Cherokee: SCOTUS to Hear Case on CAFA Pleading Requirements

The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court granted certiorari today in a case that will resolve whether defendants...more

Advertising News & Analysis - April 3, 2014

In this issue: - FTC Releases Fourth Major Study on Alcohol Advertising and Industry Compliance - Plaintiffs' Class Action Bar May Choke on POM Wonderful Decertification Decision - In CFPB Endorsement...more

TVM Update: Coloplast in talks to Settle for $16 Million

Transvaginal mesh maker Coloplast A/S (In Re: Coloplast Corp Pelvic Support System Products Liability Litigation, 12-md-2387, U.S. District Court, Southern District of West Virginia) is said to be in talks to settle a basket...more

Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers under the Fair Credit Reporting Act

Do not be fooled by its title: the Fair Credit Reporting Act (“FCRA”) reaches far beyond the realm of credit reporting and governs a broad spectrum of industries. Indeed, the provisions of FCRA apply to any business entity...more

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