Top News

Sixth Circuit denies rehearing in Nationwide data breach class actions

Jessica Karmasek Oct. 25, 2016, 11:23am

Nationwide Insurance filed a motion for rehearing en banc, or a rehearing by the full court, after a majority of the U.S. Court of Appeals for the Sixth Circuit sided with the plaintiffs last month, saying it would be “unreasonable” to expect customers to wait for “actual misuse.”

New to the U.S., litigation funding company commits more than $1.5 million to class action against Chevron

Jessica Karmasek Oct. 24, 2016, 9:12am

According to a copy of the litigation funding agreement, Therium Litigation Funding IC currently has $1.7 million invested in the class action lawsuit against the oil giant. Judge Susan Illston of the U.S. District Court for the Northern District of California granted Chevron Corp.’s motion in August, requiring the agreement be released.

Consolidated complaint filed in securities fraud class action against diagnostics company Alere

Jessica Karmasek Oct. 20, 2016, 1:22pm

The plaintiffs in the proposed class action, originally filed in a Massachusetts federal court in April, argue they purchased Alere Inc. common stock and suffered damages as a result of the company’s alleged federal securities law violations and false and/or misleading statements and/or material omissions amid a failed merger with Abbott Laboratories Inc.

Bentham legal counsel: Judge’s ruling on funding agreement ‘right,’ but reaction overblown

Jessica Karmasek Oct. 19, 2016, 3:42pm

In August, Judge Susan Illston of the U.S. District Court for the Northern District of California granted Chevron Corp.’s motion requiring plaintiff Natta Iyela Gbarabe to produce his funding agreement. The plaintiff filed a proposed class action against the oil giant over a January 2012 gas explosion off the coast of Nigeria.

Eleventh Circuit confirms U.S SC’s Spokeo ruling on standing, concrete harm

Jessica Karmasek Oct. 19, 2016, 3:41pm

The federal appeals court, in a ruling this month, said where a plaintiff brings a lawsuit based only on alleged statutory violation, he or or she must, to establish standing, allege a concrete harm.

Deadlines pushed back in $30 million Wells Fargo settlement to avoid additional costs

Jessica Karmasek Oct. 18, 2016, 12:02pm

The settlement, reached over alleged violations of the federal Telephone Consumer Protection Act, was preliminarily approved by Judge Richard Story of the U.S. District Court for the Northern District of Georgia in August.

Seattle law firm looks to file class action over Samsung Note 7 smartphones

Jessica Karmasek Oct. 14, 2016, 12:02pm

Keller Rohrback LLP has been investigating Samsung’s recent recall of the newly launched Note 7 for the last month. The smartphones pose a safety risk, the firm said in a press release, reportedly catching fire and exploding while charging.

Christian financial services organization sues U.S. DOL over its fiduciary rule

Jessica Karmasek Oct. 13, 2016, 12:56pm

Minneapolis-based Thrivent Financial for Lutherans argues the new rule, which, among other things, redefines the term fiduciaries, would subject it to penalties under federal law and would force it to agree contractually with its customers that they could participate in class actions against the organization.

Attorney: U.S. SC ruling on ‘pick off’ defense doesn’t change much for TCPA class actions

Jessica Karmasek Oct. 12, 2016, 9:14am

Henry Pietrkowski, an attorney at the Chicago office of Reed Smith LLP, admitted the court’s Gomez decision isn’t a great one for TCPA defendants, but said the ruling did leave a narrow opening for their attorneys.

Class action lawsuit filed against PepsiCo over its Naked Juices; company calls claims ‘baseless’

Jessica Karmasek Oct. 11, 2016, 12:45pm

The plaintiffs in the lawsuit, filed last week in a New York federal court, claim the company’s supposedly healthier beverages actually consist of “cheaper and less nutritious ingredients” like apple and orange juices.

Plaintiffs attorney: U.S. SC decision won’t stop companies from finding ways to head off class actions

Jessica Karmasek Oct. 3, 2016, 9:42am

Attorney David Stein, who often represents consumers in complex consumer protection and financial fraud cases against Fortune 100 companies, said in a lot of cases, voluntary reimbursement or relief is not enough for plaintiffs.

Attorneys for former investment adviser want full D.C. Circuit review of SEC decision

Jessica Karmasek Sep. 30, 2016, 2:22pm

In August, the U.S. Court of Appeals for the D.C. Circuit rejected a petition for review of a 2013 decision by U.S. Securities and Exchange Commission administrative law judges. The judges barred Raymond J. Lucia and his company from associating with a financial adviser, broker or dealer and revoked the company’s investment adviser registrations.

Wells Fargo shareholders file class action, allege bank execs ‘concealed’ source of record sales

Jessica Karmasek Sep. 29, 2016, 2:23pm

On Tuesday, the bank, no doubt feeling the pressure from federal lawmakers and others, announced that the independent directors of its Board of Directors have launched an investigation into Wells Fargo’s retail sales practices and related matters. CEO John Stumpf will forfeit his salary and awards -- valued at more than $41 million -- amid the independent investigation.

Names of DOJ attorneys who 'misled' judge scrubbed from court doc; DOJ not volunteering info

Jessica Karmasek Sep. 29, 2016, 9:51am

The U.S. Department of Justice won't release the names of attorneys whose conduct in a high-profile immigration case was called

Sixth Circuit sides with plaintiffs in data breach class actions, says it would be ‘unreasonable’ for customers to wait for misuse

Jessica Karmasek Sep. 26, 2016, 1:01pm

Mohammad Galaria and Anthony Hancox brought their class actions, in the U.S. District Court for the Southern District of Ohio and U.S. District Court for the District of Kansas, respectively, after hackers breached Nationwide Mutual Insurance Company’s computer network in October 2012 and stole their personal information, along with more than 1 million others.

Eighth Circuit cites Spokeo ruling in dismissing class action against cable company

Jessica Karmasek Sep. 23, 2016, 1:46pm

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit this month affirmed a federal district court’s ruling, holding that the plaintiff’s allegation was, on its own, insufficient to establish Article III standing. Pointing to the U.S. Supreme Court’s ruling in Spokeo v. Robins, the panel said the plaintiff, a former Charter Communications customer, did not allege an injury in fact as required by Article III.

Members of Congress want safe harbor provision in CFPB’s final arbitration rule

Jessica Karmasek Sep. 20, 2016, 12:56pm

The federal lawmakers, in a letter sent to the head of the Consumer Financial Protection Bureau earlier this month, urged the bureau to consider including a provision in the final rule that allows financial companies to retain class action waivers in their arbitration clauses. Under the CFPB’s current proposal, companies would be prohibited from putting mandatory arbitration clauses in new contracts.

WLF pushes Minn. federal court to strike down U.S. Department of Labor’s ‘persuader rule’

Jessica Karmasek Sep. 19, 2016, 2:33pm

In its brief, the Washington Legal Foundation contends the U.S. District Court for the District of Minnesota erred by holding at the preliminary injunction stage that the plaintiffs’ facial challenge to the Persuader Advice Exemption Rule can succeed only by showing that the rule would be invalid in all of its applications.

Defense attorney: Better customer outreach by companies can help head off class actions

Jessica Karmasek Sep. 19, 2016, 9:39am

Michael Mallow, an attorney with Sidley Austin LLP, contends companies first need to recognize there is a problem with their goods or services and then try to take care of it on their own, that way there is no need for or ability to bring a class action lawsuit.

Fla. man continues to file ADA lawsuits in N.Y. federal court; group says suits are ‘abuse,’ ‘shakedowns’

Jessica Karmasek Sep. 16, 2016, 9:38am

Palm Beach County resident Lawrence Feltzin, a paraplegic who uses a wheelchair to move about, has filed his cases -- more than 50 since October 2014 -- in the U.S. District Court for the Eastern District of New York. He has filed five against small businesses in the court so far this month.