Litigation

Recent Posts

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims
Posted on 9 Apr 2014 by Abbey Spanier

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 ... Read More

Supreme Court: No Third-Party Beneficiary Lawsuits Challenging Drug Prices
Posted on 29 Mar 2011 by Cheryl Keely

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on March 29 reversed a Ninth Circuit U.S. Court of Appeals decision in finding that a federal regulation imposing ceilings on prices drug manufacturers may charge for medications sold to health... Read More

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees
Posted on 19 Sep 2012 by DLA Piper

By Anahit Tagvoryan, Joshua Briones and Anthony Portelli In a recent decision, the Ninth Circuit refused to approve a $10.6 million settlement in a class action accusing Kellogg Co. of falsely advertising the benefits of its Frosted Mini-Wheats cereal... Read More

Abbey Spanier LLP: Will Supreme Court Address Class Action Fraud-On-The Market Presumption?
Posted on 19 Jan 2012 by Abbey Spanier

By Jill S. Abrams In December , we addressed the Ninth Circuit's recent decision in Connecticut Retirment Plans and Trust Funds v. Amgen, Inc., No. 0956965, 2011 U.S. App. LEXIS 22540 (9th Cir. Nov. 8, 2011) [ an enhanced version of this opinion... Read More

AbbeySpanier LLP: 9th Circuit Revives HAMP Claims Against Wells Fargo
Posted on 27 Nov 2013 by Abbey Spanier

In Corvello v. Wells Fargo Bank, NA , 11-16234, 11-16242, 2013 WL 4017279 (9th Cir. Aug. 8, 2013) (a copy of the opinion can be found here ), the Ninth Circuit reversed the lower Court’s dismissal of two consolidated class action complaints, holding... Read More

Class Certification In Lawsuit Against Costco Dismissed Based In Part On Wal-Mart v. Dukes
Posted on 23 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Shirley "Rae" Ellis, et al v. Costco Wholesale Corp., No. 07-15838 (9th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , presents one... Read More

Split U.S. Supreme Court: Federal Arbitration Act Preempts California Rule
Posted on 27 Apr 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Federal Arbitration Act (FAA) preempts a California rule established in Discover Bank v. Superior Court (113 P.3d 1100 [Cal. 2005]) that classifies most collective-arbitration waivers in consumer contracts as unconscionable... Read More