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

Eighth Circuit Becomes First Appellate Court to Apply Halliburton II Price Impact Analysis

The Eighth Circuit has become the first federal circuit court to apply the Supreme Court’s Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II) decision. Relying on Halliburton II, the Eighth...more

Supreme Court Rules Against Using Settlement Offers to Moot Class Actions

In Campbell-Ewald Co. v. Gomez, a decision released in January, a majority of the United States Supreme Court held that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action....more

Trial Court Dismisses Georgia Patronage Capital Lawsuits

On May 2, a trial court in DeKalb County, Georgia, dismissed two class action patronage capital lawsuits filed against Oglethorpe Power Corporation, Georgia Transmission Corporation (GTC) and certain distribution electric...more

Employers Beware of Phishing Scams

On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was...more

Balancing Transparency and Secrecy in Class Action Settlements

Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right...more

Update: Vivendi Wins Summary Judgment Against Another Class Member As Litigation Winds Down

We speculated in September that a decision to grant summary judgment against a class member in the long-running In re Vivendi Universal, S.A. Securities Litigation, 02 Civ. 5571 (SAS) (S.D.N.Y.) “could have implications for...more

April 2016: Insurance Litigation Update

Insurance Coverage for Liability Under the Telephone Consumer Protection Act. The Telephone Consumer Protection Act (“TCPA”), enacted in 1991, prohibits certain telephone solicitations conducted with automated systems. 47...more

Chamber of Commerce suggests issues for CFPB to address at May 5 arbitration field hearing

The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness has sent a letter to Director Cordray suggesting a series of issues for Mr. Cordray to address in his prepared remarks at the CFPB’s field hearing on...more

Alan Kaplinsky to represent industry at May 5 CFPB arbitration field hearing

Alan Kaplinsky, who leads Ballard Spahr’s Consumer Financial Services Group, has been asked by the CFPB to testify as an industry representative at the CFPB’s May 5 field hearing on arbitration. We expect the hearing to...more

Fourth Circuit Finds CGL Insurer Has Duty to Defend Cyber Claim

In Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. Lexis 6554, decided on April 11, 2016, the United States Court of Appeals for the Fourth Circuit found that a commercial general liability...more

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

Second Circuit Issues Amended Order Affirming Dismissal in Transocean

On April 29, the United States Court of Appeals entered an amended order (previously decided on March 17, 2016) that affirmed the decision of the United States District Court for the Southern District of New York in DeKalb...more

Ninth Circuit Adopts California Rule Voiding Arbitration Provisions Barring Certain Representative Claims

In recent decisions, both the Court of Appeals for the Ninth Circuit and the California Supreme Court have held that arbitration clauses barring employees from pursuing class actions in arbitration are unenforceable with...more

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

Credit Card Theft Plaintiffs Discover Warm Home After 7th Circuit Rulings

One of the great scourges for retail companies in the digital age has been the ever-present threat of massive data breaches by hackers attempting to steal millions of consumers ’debit and credit card information. In...more

5 Wishes for Securities Litigation Defense

I am committed to helping shape a system for securities litigation defense that helps directors and officers get through securities litigation safely and efficiently, without losing their serenity or dignity, or facing any...more

California Court of Appeal Affirms Demurrer to Class Allegations Where Mobilehome Park Residents Lack Community of Interest

In Schermer v. Tatum, 245 Cal. App. 4th 912 (2016), the California Court of Appeal affirmed two important principles for class actions in California: (1) to have a community of interest, there must be a wrong that is truly...more

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more

CFPB Field Hearing May Unveil New Rule on Arbitration Agreements

The CFPB is continuing its march towards a new rule governing the use of arbitration clauses in consumer lending contracts. On April 20, the Bureau announced its next step will be to conduct a field hearing in Albuquerque,...more

Facebook argues Motion to Dismiss in ‘happy birthday’ message campaign TCPA class action

On April 25, 2016, Facebook Inc. (Facebook) pled with a California federal judge, asking that the court dismiss the claims filed against the social media giant for its alleged Telephone Consumer Protection Act (TCPA)...more

Pazol v. Tough Mudder, Inc.: Muddying the waters on proof of jurisdictional facts under CAFA?

The Class Action Fairness Act of 2005 (CAFA) was intended to make it easier for defendants to remove class action lawsuits from state court to federal court. For example, CAFA introduced the concept of minimal as opposed to...more

What GCs Need to Know About Reductions in Force

Reductions in force (“RIFs”) are group terminations, usually driven by the financial condition or business needs of the employer. An employer’s General Counsel, even though responsible for protecting the employer from legal...more

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell,...more

Split 8th Circuit Rejects Class Certification in 10b-5 Case

In IBEW Local 98 Pension Fund v. Best Buy Co. Inc., Plaintiffs alleged that misleading statements by Best Buy officers made during a phone call with stock analysts artificially supported Best Buy’s stock prices until a report...more

Class Certified in Unique Fixed Indexed Annuity Case

The creative theories of liability and damages on display in the recent certification of multiple classes suggest that the long run of annuity class actions is not over yet. Plaintiff in Abbit v. ING USA Annuity and Life...more

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