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Class Action

Class Action Defense Blog

Class action news, articles and analysis on courts decisions, laws and litigation strategies.
By Michael J. Hassen

Post Frequency: 9.9/day

Last Entry: March 26, 2011 at 13:44:16

Toy Lead Class Action Defense Cases-In re RC2 Corp.: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Northern District of Illinois

Posted on February 22, 2008
Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 in Northern District of Illinois, Rejecting Motion of California Class Action Plaintiff to Centralize Litigation in the Central District of California Fourteen (14) class action lawsuits (9 in Illinois, and 1 in Arkansas, California, Indiana, New Jersey and New York) were filed against various defendants, including RC2 Corp...

BP CAFA Removal Class Action Defense Cases-Eatinger v. BP: Kansas Federal Court Refuses To Remand Class Action To State Court Holding Removal Jurisdiction Exists Under Class Action Fairness Act (CAFA)

Posted on February 21, 2008
Amount in Controversy Required for Removal Jurisdiction under CAFA (Class Action Fairness Act) not Defeated by Plaintiff’s Statement in Class Action Complaint that Damages “May” not Exceed $5 Million Kansas Federal Court Holds Plaintiff filed a class action lawsuit in Kansas state court against BP America on behalf of royalty owners alleging that BP engaged in self-dealing and “failed to properly account and pay royalties to the plaintiff and the class”; defense attorneys removed the class action to federal court arguing that removal jurisdiction existed under the Class Action Fairness Act (CAFA)...

PSLRA Class Action Defense Cases-In re H&R Block: Missouri Federal Court Dismisses Securities Class Action Against H&R Block Concluding Class Action Allegations Failed To Satisfy PSLRA's Heightened Pleading Requirements

Posted on February 20, 2008
Defense Motion to Dismiss Securities Class Action Against H&R Block and Individual Defendants Granted because Class Action Complaint Failed to Meet Heightened Pleading Requirements Mandated by the Private Securities Litigation Reform Act of 1995 (PSLRA) Missouri Federal Court Holds Plaintiffs filed a class action against H&R Block and various individual defendants alleging violations of section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities Exchange Commission, and seeking derivative “controlling persons” liability under section 20(a) of the 1934 Act...

Class Action Defense Cases-In re Tyco: New Hampshire Federal Court Approves Class Action Settlement And Awards Class Counsel Record $464 Million For Prosecuting Securities Fraud Class Action Lawsuit

Posted on February 19, 2008
Proposed $3.2 Billion Settlement Of Securities Fraud Class Action Fair, Reasonable and Adequate, and Request By Class Action Plaintiffs’ Counsel for $464 Million Fee Award Reasonable New Hampshire Federal Court Holds Plaintiffs filed a securities fraud class action lawsuit against Tyco International, its former auditor, PricewaterhouseCoopers, and five individual defendants; the gravamen of the class action was that defendants “misrepresented the value of multiple companies that Tyco acquired and misreported Tyco's own financial condition in ways that artificially inflated the value of Tyco stock,” thereby permitting the individual defendants “to reap enormous profits by looting the company through a combination of unreported bonuses, forgiven loans, excessive fees, and insider trading...

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Class Action Defense Cases-In re Dynamic Random Access Memory: California Federal Court Grants Motion To Dismiss Certain Antitrust Class Action Claims Finding Plaintiffs Lack Antitrust Standing

Posted on February 18, 2008
Antitrust Class Action Complaint Failed to Adequately Establish Antitrust Injury thus Warranting Dismissal of Certain Antitrust Claims in Class Action Complaint for Lack of Standing California Federal Holds Plaintiffs filed a class action lawsuit against various defendants for allegedly conspiring to artificially inflate and fix the prices of dynamic random access memory (DRAM) in the market: plaintiffs are indirect purchasers of DRAM, and filed the class action on behalf of other indirect purchasers; the class action named as defendants foreign corporations, or U...

Labor Law Class Action Lawsuits Dominate Weekly Class Action Filings In California State And Federal Courts

Posted on February 16, 2008
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

Class Action Defense Cases-In re Peregrine Systems: Judicial Panel On Multidistrict Litigation (MDL) Grants Joint Defense/Plaintiff Motion To Centralize Class Action Litigation In Southern District of California

Posted on February 15, 2008
Judicial Panel Grants Defense Request for Pretrial Coordination of 35 Class Action and Individual Lawsuits Pursuant to 28 U.S.C. § 1407, Joined by Sole Plaintiff Outside California, and Transfers Actions to Southern District of California Thirty-five (35) individual and class action lawsuits (34 in California and 1 in New Jersey) were filed against various defendants, including Arthur Andersen, “arising out of alleged misrepresentations or omissions relating to improper accounting practices at Peregrine Systems, Inc...

UCL Class Action Defense Cases-Hall v. Time: California State Court Affirms Dismissal Of Class Action Complaint Concluding Plaintiff Lacked Standing Under Unfair Competition Law (UCL) To Prosecute Class Action Claims

Posted on February 14, 2008
Class Action Plaintiff must Suffer Loss of Money or Property to have Standing to Prosecute UCL (Unfair Competition Law) Class Action and must Establish Causal Connection Between Alleged Loss and Defendants Conduct California State Court Holds Plaintiff filed a putative action lawsuit against various Time Inc...

CAFA Class Action Defense Cases-Toller v. Sagamore: Arkansas Federal Court Delays Ruling On Motion To Remand Class Action Against Insurer Pending Additional Evidence Of Amount In Controversy For Removal Under Class Action Fairness Act (CAFA)

Posted on February 13, 2008
In Motion for Remand of Class Action Against Insurer for Failure to Provide No-Fault Insurance, both Plaintiff and Defense Failed to Present Admissible Evidence of Amount in Controversy so Court had Insufficient Evidence to Determine Whether Removal Jurisdiction Existed Under CAFA (Class Action Fairness Act) Arkansas Federal Court Holds Plaintiff filed a putative class action in Arkansas state court against her automobile insurance carrier, Sagamore Insurance, alleging various breaches of the terms of the auto policy...

Subprime Securities Law Class Action Defense Cases-Gold v. Morrice: California Federal Court Grants Motion To Dismiss Class Action Claims But Gives Plaintiffs Leave To File Amended Class Action Complaint

Posted on February 12, 2008
Securities Class Action Complaint Failed to Adequately Articulate Factual Bases for Claims Necessitating Dismissal but with Leave to Amend California Federal Court Holds Various plaintiffs filed a class action lawsuit against New Century. and various officers and directors aris[ing] from the collapse of New Century Financial Corporation in the wake of the subprime mortgage crisis, and allegations of securities law violations that drastically reduced the value of stocked owned by shareholders...

FLSA Class Action Defense Cases-Spoerle v. Kraft Foods: Wisconsin Federal Court Denies Defense Summary Judgment Motion In FLSA Class Action Seeking Compensation For Donning And Doffing Protective Equipment

Posted on February 11, 2008
Defense Motion for Summary Judgment Arguing that Class Action Claims Seeking Compensation under Federal Fair Labor Standards Act (FLSA) for Time Spent Donning and Doffing Safety Gear Required by Employer Denied for Failure to Establish as a Matter of Law that Class Action Claims Fell Within Exception to FLSA Compensation Requirement Wisconsin Federal Court Holds Plaintiffs filed a class action lawsuit against their employer, Kraft Foods, alleging violations of the federal Fair Labor Standards Act (FLSA) and state law for time spent in donning and doffing safety and sanitation equipment as part of their jobs at a meat processing plant...

Class Action Lawsuits Alleging Employment-Related Claims Retain Hold On Top Spot Of Weekly Class Action Filings In California State And Federal Courts

Posted on February 09, 2008
To assist class action defense attorneys anticipate the types of class actions against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

FLSA Class Action Defense Cases-In re KFC: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Fair Labor Standards Act Class Action Litigation In District Of Minnesota

Posted on February 08, 2008
Judicial Panel Grants Defense Request, Over Plaintiffs’ Objections, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Agrees With Defense that District of Minnesota is Appropriate Transferee Court Twenty-eight class action lawsuits were filed in 27 districts against various defendants, including KFC Corp...

Class Action Defense Cases-Hubbard v. Potter: Federal Magistrate Grants Defense Motion To End Pre-Certification Discovery In Labor Law Class Action But Denies As Untimely Defense Motion To Designate Rebuttal Expert

Posted on February 07, 2008
Plaintiffs in Labor Law Class Action Failed to Establish that Defense Failed to Properly Respond to Pre-Certification Discovery and Defense failed to Establish Good Cause for Untimely Designation of Rebuttal Expert District of Columbia Federal Magistrate Holds Plaintiffs, five deaf employees of the United States Postal Service (USPS), filed a putative class action alleging that they were “denied a qualified sign language interpreter at safety meetings and mandatory work meetings” and that this “prevented from performing their duties safely, which they contend is an essential function of their job...

State Farm Class Action Defense Cases-Kartman v. State Farm: Indiana Federal Court Grants Defense Motion To Compel Production Of Documents Plaintiff's Counsel Believes Relevant To Class Action Claims

Posted on February 06, 2008
Documents Plaintiff's Counsel Found on Internet and Intends to Use in Prosecuting Class Action Against State Farm not Protected by Work Product Doctrine Indiana Federal Court Holds Plaintiff filed a class action lawsuit against State Farm Mutual Automobile Insurance Company; prior to the filing the class action, plaintiff’s lawyer “undertook a comprehensive factual investigation relevant to the claims being asserted,” gathering “numerous documents from publicly available sources, including from Defendant State Farm's own web sites...

Fidelity Class Action Defense Cases-Randleman v. Fidelity National Title: Ohio Federal Court Grants Class Action Treatment Against Title Insurer Alleging Class Action Claims Based On Failure To Give Homeowners Discounted Rates

Posted on February 05, 2008
Class Action Alleging Fidelity Failed to Disclose and Provide Discounted Title Insurance Rates to Homeowners as Part of Refinance Transactions Entitled to Class Action Treatment Ohio Federal Court Holds Plaintiffs filed a class action lawsuit against their title insurance carrier, Fidelity National Title, alleging that the cost it charged insureds for insurance issued in connection with refinance transactions; specifically, the class action alleged that plaintiffs “have been injured and wronged by defendant’s failure to charge them a lower premium,” as required by Ohio law, “even though they were not named insureds under the title insurance policy...

Dow Class Action Defense Cases-Henry v. Dow Chemical: Divided Michigan Appellate Court Affirms Class Action Certification Of Toxic Tort Class Action Complaint Arising From Release Of Dioxin At Dow Chemical Plant

Posted on February 04, 2008
On Appeal from Order Granting Class Action Treatment Against Dow Chemical for Damages Allegedly Caused by Dioxin from Dow Plant, Defense Failure to Request or Seek to Introduce Evidence in Opposition to Motion to Certify Class Action Undermines Claim that Trial Court Erred in Failing to Hold Evidentiary Hearing Split Michigan State Court Holds Plaintiffs filed a class action lawsuit against Dow Chemical alleging toxic tort claims based on the alleged release of dioxin at Dow’s Midland, Michigan, plant...

Labor Law Class Action Cases Extend Hold On Top Spot Of Weekly Class Action Filings In California State And Federal Courts

Posted on February 02, 2008
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas...

GM Class Action Defense Cases-In re General Motors: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Western District of Washington

Posted on February 01, 2008
Judicial Panel Grants Defense Request, Ultimately Joined by Plaintiffs, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Transfers Class Actions to Western District of Washington Three products liability class action lawsuits were filed in California, Oregon and Washington against various defendants, including General Motors Corp...

Katrina Class Action Defense Cases-In re Katrina: Louisiana Federal Court Dismisses Class Action Complaint Against Government Finding Class Action Claims Based On Levee System Failure During Hurricane Katrina Barred By Governmental Immunity

Posted on February 01, 2008
Class Action Claims Against Federal Government Arising out of Failed Levee System Fell Within Immunity Afforded by Flood Control Act thus Warranting Dismissal of Class Action Complaint as to Government Louisiana Federal Court Holds Plaintiffs filed a class action complaint against various defendants, including the U...

Class Action Defense Cases-Sonnier v. State Farm: Fifth Circuit Affirms Dismissal Of Class Action Complaint Against Automobile Insurance Company Because Allegations In Class Action Failed To State Claim For Failure To Inspect Seatbelts After Accidents

Posted on January 31, 2008
Class Action Alleging Auto Insurer Breached Insurance Contract by Failing to Pay for Seatbelt Inspections Following Accidents Properly Dismissed Fifth Circuit Holds Plaintiffs filed a class action lawsuit against their automobile insurance carrier alleging that it was “contractually obligated to provide an extensive seatbelts inspection” following auto accidents...

Class Action Defense Cases-Montgomery v. Bank of America: California Federal Court Dismisses Class Action Complaint Holding National Bank Act (NBA) Preempts Class Action Claims Challenging Nonsufficient Funds/Overdraft Fees

Posted on January 30, 2008
UCL Class Action Against Bank Challenging Overdraft Fees Fails because National Bank Act (NBA) Preempted Class Action Claims Under California’s Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) California Federal Court Holds, but Grants Plaintiff 20 Days’ Leave to Amend Class Action Complaint Plaintiff filed a putative class action in California state court against Bank of America alleging violations of California’s Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) arising out of the Bank’s failure to disclose its Nonsufficient Funds/Overdraft Fees policy (NSF/OD fees policy)...

Illinois State Court Finally Grants Defense Motion For Summary Judgment In Stock Options Class Action Lawsuit Against CyberSource

Posted on January 24, 2008
After sitting on the motion for more than a year, Madison County Circuit Judge Daniel Stack finally granted summary judgment in favor of CyberSource, ending a class action challenging stock options. The class action complaint was filed five years ago, and defense attorneys had consented to class action treatment...

Supreme Court Refuses To Hear Appeal In Enron Investor Class Action Lawsuit Against Wall Street Firms

Posted on January 22, 2008
Mark Anderson of The Wall Street Journal reports today that the United Supreme Court has agreed to hear an appeal of a decision by the United States Court of Appeals for the Fifth Circuit in a class action by Enron investors against numerous Wall Street firms, ?striking a fatal blow against the class-action investor lawsuit...

Supreme Court Agrees To Hear Appeal In Class Action Alleging Deceptive Advertising Of Light Cigarettes And Decision Will Impact Numerous Class Action Lawsuits Based On Identical Challenges

Posted on January 19, 2008
Mark Anderson of The Wall Street Journal reports today that the United Supreme Court has agreed to hear an appeal of a decision by the United States Court of Appeals for the First Circuit in a class action against Phillip Morris involving advertising of light cigarettes...

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