LexisNexis® Legal Newsroom
U.S. Supreme Court Denies Cert For Makers Of Allegedly Defective Washing Machines

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 denied two petitions for writ of certiorari filed by Sears Roebuck and Co. and Whirlpool Corp. in relation to rulings that granted class certification for various purchasers of front-loading washing machines who allege that a...

High Court Hears Oral Argument In Securities Fraud Class Action

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 5 heard oral arguments in a securities class action lawsuit seeking a determination as to whether the Supreme Court should overturn or limit its holding in Basic Inc. v. Levinson (485 U.S. 224 [1988] [ enhanced opinion available...

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims

Last week, the Third Circuit issued a precedential decision holding that the federal common law standard for successor liability is applicable to claims brought under the Fair Labor Standards Act [ enhanced opinion available to lexis.com subscribers ]. The plaintiff filed a class and collective action...

Florida Federal Jury Adds $2.5M In Punitive Damages For Smoker With Lung Disease

JACKSONVILLE, Fla. — (Mealey’s) A Florida federal jury added $2.5 million in punitive damages Friday to $2.5 million in compensatory damages it had awarded May 15 to a woman who said three companies’ cigarettes caused chronic obstructive pulmonary disease ( Pauline Burkhart, et al....

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways

By Perrie Michael Weiner , Anahit Tagvoryan and Esteban Morales Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...

Pfizer To Pay $325M To Settle Neurontin 3rd-Party Payer, Antitrust Class Action

BOSTON — (Mealey’s) Pfizer Inc. has agreed to a $325 million class settlement of claims by third-party payers that allege that the off-label promotion of the epilepsy drug Neurontin violated the Racketeer Influenced and Corrupt Organizations Act and that the drug maker’s efforts to...

Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA — (Mealey’s) A federal judge in Pennsylvania on July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries ( In Re: National Football League Players’ Concussion Injury Litigation , MDL Docket...

Florida Jury Awards $23 Billion In Punitives To Smoker’s Family

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury on July 18 ordered R.J. Reynolds Tobacco Co. to pay more than $23.6 billion in punitive damages to the family of a man who alleged that his death from lung cancer was caused by smoking ( Cynthia Robinson, et al. v. R.J. Reynolds Tobacco...

NCAA, Student-Athletes Reach Settlement In Head-Injury Class Action

CHICAGO — (Mealey’s) The National Collegiate Athletic Association (NCAA) and student-athletes claiming head injuries suffered in intercollegiate play reached a $75 million settlement of their federal class action suit July 29 ( In re National Collegiate Athletic Association Student-Athlete...

Ballard Spahr LLP: 3rd Circuit Holds That Courts, Not Arbitrators, Should Rule On Classwide Arbitration

By Steven W. Suflas, Alan S. Kaplinsky, Mark J. Levin, Burt M. Rublin, and Michelle M. McGeogh In Opalinski v. Robert Half International, Inc. [ enhanced opinion available to lexis.com subscribers ], the United States Court of Appeals for the Third Circuit held that where an arbitration clause is...

Norton Rose Fulbright: Courts Disagree Whether Attacks On Expert Damage Models Defeat Class Certification In The Wake Of Comcast

By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ]. requires plaintiffs seeking class certification...

Norton Rose Fulbright: Red Bull Settlement Problems Show Consequences Of Certifying Unascertainable Classes

By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do not retain receipts or proofs of purchase (think...

Florida Jury Awards $450,000 In Punitives To Daughter of Smoker (Watch The Closing Statement Videos)

BRONSON, Fla. — (Mealey’s) The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida’s Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost...

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might...

Norton Rose Fulbright: Certification of Damages Class Denied in ‘All Natural Fruit’ False Labeling Suit

By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means of showing damages on a classwide basis through...

Florida Jury Awards Smoker’s Family $3M, Will Consider Punitive Damages Next (Watch Closing Arguments Video Excerpts)

JACKSONVILLE, Fla. — (Mealey’s) A jury in Florida’s Fourth Judicial Circuit Court for Duval County on Nov. 24 awarded a total of $3,094,000 to the family of a woman who alleged that her death from chronic obstructive pulmonary disease (COPD) was caused by her 35 years of smoking ( Andy...

Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal

WASHINGTON, D.C. — (Mealey's) A notice of removal filed under the Class Action Fairness Act (CAFA) requires only a plausible allegation regarding the amount in controversy exceeding the jurisdictional threshold, a split U.S. Supreme Court ruled Dec. 15 ( Dart Cherokee Basin Operating Company...

Plaintiff, Tobacco Companies Lay Out Evidence In Suit By Smoker’s Widow (Watch The Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way March 9 in the Florida 17th Judicial Court for Broward County with opening statements in a suit alleging that the death of a lung cancer sufferer was caused by his years of smoking ( Rose Pollari, et al. v. R.J. Reynolds Tobacco Co.,...

Opening Arguments Held In Case Over Coverage For Excess Skin Removal (Watch The Videos)

ALAMEDA, Calif. — (Mealey’s) An Alameda County, Calif., Superior Court judge on March 16 heard opening arguments in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery...

Florida High Court Says Statute Of Repose Does Not Bar Engle Fraud Claims

TALLAHASSEE, Fla. — (Mealey’s) A plaintiff seeking to assert a fraudulent concealment claim in an Engle progeny suit is not required to prove reliance on statements made by the defendant tobacco company within the 12-year statute of repose period leading up to the May 5, 1994, filing of the...

2nd Jury Hears Openings In Tobacco Suit Halted By Florida Supreme Court’s Rulings (Watch Opening Statement Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) Opening statements got under way April 10 — for the second time in less than two weeks — in an Engle progeny suit in which a mistrial was declared just two hours after the Florida Supreme Court handed down two rulings on the standard of proof...

Jurors Hear Openings In Retrial Of Suit After Florida High Court Ruling (Watch The Videos Of The Opening Statements)

MIAMI — (Mealey’s) Trial got under way in the Florida 11th Judicial Circuit Court with opening statements April 10 in a suit that was the subject of a Florida Supreme Court ruling eight days earlier resolving a conflict among the state appellate courts on the standard of proof for claims...

Bench Trial Concludes In Case Over Coverage For Excess Skin Removal (Watch The Video)

ALAMEDA, Calif. — (Mealey’s)The bench trial in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery without first having...

U.S. High Court Accepts Appeal Of Suit Over Unsolicited Navy Texts

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 agreed to hear the appeal filed in a lawsuit against a company allegedly responsible for instructing or allowing a third-party vendor to send unsolicited text messages on behalf of the U.S. Navy ( Campbell-Ewald Company v. Jose...

Florida Jury Says Smoker Not Addicted, Returns Defense Verdict (Watch Video Excerpts Of The Closing Statements)

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking ( Ethel...