LexisNexis® Legal Newsroom
Dart Cherokee: SCOTUS to Hear Case on CAFA Pleading Requirements

The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court has granted certiorari, [ enhanced version available to lexis.com subscribers ], in a case that will resolve whether defendants filing removal notices under...

DLA Piper: California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?

By Stefanie Jill Fogel , George Gigounas and Rachael E. Yourtz | In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the bar with a flexible approach to class certification....

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

By Burt M. Rublin and Michael R. Carroll The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the common-sense conclusion...

Massachusetts Statute Concerning Gift Certificates Triggers Latest Wave of Class Action Litigation

Plaintiff class-action lawyers are now invoking the Massachusetts Gift Certificate Statute, General Laws Chapter 200A, Section 5D, [ enhanced version available to lexis.com subscribers ], as their latest vehicle to bring putative class action claims against companies doing business in Massachusetts under...

This is Real Law: Risky Business: More IPOs Could Lead to More Litigation

Few public entertainers have topped the showmanship of Jean François Gravelet-Blondin. The 19th-century French tightrope walker and acrobat was famous for many astounding feats, including crossing Niagara Falls numerous times—while blindfolded, pushing a wheelbarrow, on stilts and even carrying...

Halliburton Decision May Drive Up Litigation Costs and Impact Settlement

The U.S. Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. , [ enhanced version available to lexis.com subscribers ], is not the game changer for securities litigation that some hoped for, but D&O insurers will be keeping a close eye on securities cases to see whether...

Class Certification Is Denied In Baby Food Mislabeling Case

By Stefanie Jill Fogel , Mary B. Langowski , and Tiffani V. Williams On June 23, a California federal judge declined to certify a class action lawsuit, [ enhanced version available to lexis.com subscribers ], accusing Gerber Products Co. of mislabeling its baby food. The court found that it would...

Williams Mullen: Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

By Turner A. Broughton and Lauren M. Wheeling In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“ Halliburton II ”), the United States Supreme Court addressed two securities class action issues[ enhanced opinion available to lexis.com subscribers. : lexis.com...

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged overbilling practices, which implicated differing...

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions

By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as a partial...

U.S. Supreme Court Hears Oral Arguments In CAFA Evidence Appeal

WASHINGTON, D.C. — (Mealey’s) The plain language of 28 U.S. Code Section 1446(a) requires only “a short and plain statement of the grounds for removal,” not evidence, the attorney representing Dart Cherokee Basin Operating Co. LLC and Cherokee Basin Pipeline LLC argued Oct. 7...

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements

By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced opinion available to lexis.com subscribers ...

U.S. High Court Hears Arguments In Case Over Appealing LIBOR Suit

WASHINGTON, D.C. — (Mealey’s) A dismissal of a lawsuit by a trial court and a statement that the case was terminated render the case appealable, Thomas C. Goldstein of Goldstein & Russell in Bethesda, Md., argued Dec. 9 before the U.S. Supreme Court ( Ellen Gelboim and Linda Zacher, et...

Class: Insurer Acted In Bad Faith In Relying On Earth Movement Exclusion (Watch The Videos)

RENO, Nev. — (Mealey’s) Counsel for a class of homeowners on Feb. 3 asked a jury during opening arguments in the Washoe County, Nevada, Second Judicial District Court to find that an insurer acted in bad faith by relying on an earth movement exclusion to deny coverage for damages sustained...

Florida Jury Awards $46.5 Million To Longtime Smoker With COPD (Watch The Closing Argument Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $25 million in punitive damages April 21 to a man who alleged that his chronic obstructive pulmonary disease (COPD) was caused by his 40 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Thomas Ryan v. R.J...

Florida Jury Returns Verdict For Reynolds, Philip Morris In COPD Suit (Watch The Closing Arguments Videos)

MIAMI — (Mealey’s) A Florida state court jury returned a defense verdict April 23 in a suit alleging that a woman’s chronic pulmonary disease (COPD) and death were caused by her more than 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. and R.J. Reynolds Tobacco...

Norton Rose Fulbright Releases 2015 Litigation Trends Annual Survey

Findings show increase in disputes as a major concern for companies globally | Global legal practice Norton Rose Fulbright on May 14 released its 2015 Litigation Trends Annual Survey . This year’s survey is the 11th overall and the most extensive in its history, polling more than 800 corporate...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

Class Action Alleges Ford Fusion Fuel Figure Fudge

In a recent lawsuit, a Ford Fusion owner has accused the automaker of misrepresenting the fuel efficiency of the hybrid vehicle and distributing a software update that displays false mileage figures. In the proposed class action complaint filed in California Superior Court in Los Angeles, named plaintiff...

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the ADTPA itself expressly...

Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer (Watch The Opening Statements Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way with opening statements on July 22 in a suit alleging that a woman’s death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Lillian Kaplan v. R.J. Reynolds Tobacco Co...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

Ballard Spahr LLP: 7th Circuit Green Lights Data Breach Class Action Against Neiman Marcus

By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority...

Florida Jury Awards $1 Million To Estate Of Longtime Smoker Who Died Of Lung Cancer (Watch The Opening, Closing Statements Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $1,028,000 Aug. 7 to the estate of a woman who developed constructive obstructive pulmonary disease (COPD) and lung cancer after 52 years of smoking ( Lillian Kaplan v. R.J. Reynolds Tobacco Co. , No. 08-19469, Fla. 17th Jud. Cir...

GM Will Pay $900 Million To Settle Defective Ignition Switch Claims

CHICAGO — (Mealey’s) General Motors LLC and the U.S. Department of Justice (DOJ) on Sept. 17 announced that they have reached a $900 million settlement of claims against the automaker pertaining to the company’s misleading of the government and the public with regard to faulty ignition...