Class Action Defense Blog

To assist class action defense attorneys anticipate the types of claims 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 20 - 26, 2010, during which time 56 new class actions were filed in these California state and federal courts. While labor law class actions often account for more than half of all new class actions filed in these courts, this past week only 26 new labor law class actions were filed, representing 46% of the total number of new class actions filed. The only other categories to break the 10% threshold involved claims under California's Unfair Competition Law (UCL), which includes false advertising claims, with 13 new filings (representing 23% of the total number of new class actions filed), and alleged violations of federal securities laws, with 8 new filings (representing 14% of the total number of new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 13 - 19, 2010, during which time 56 new class actions were filed in these California state and federal courts. Labor law class actions generally top the list often accounting for more than half of all new class actions filed in these courts, but a surge in ADA class action filings coupled with balanced filings among several other categories caused employment-related class action cases to fall below 50%. During this reporting period, 22 new labor law class actions were filed, representing only 39% of the total number of new class actions filed. The only other category to break the 10% threshold involved claims under the American's with Disabilities Act (ADA), with 16 new filings (representing 29% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 6 - 12, 2010, during which time 48 new class actions were filed in these California state and federal courts. Labor law class actions often account for more than half of all class actions filed in any particular week, and during this reporting period 27 new class actions (representing 56% of the total number of new class actions filed). The only other category to break the 10% threshold involved California's Unfair Competition Law (UCL), which includes false advertising with 11 new filings (representing 23% of the total number of new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 30 - August 5, 2010, during which time 54 new class actions were filed in these California state and federal courts. Labor law class actions generally top the list often accounting for more than half of all new class actions filed in these courts, and this yet again proved to be true. During this reporting period, 31 new labor law class actions were filed (representing 57% of the total number of new class actions filed). The only other category to break the 10% threshold involved California's Unfair Competition Law (UCL), which includes false advertising with 10 new filings (representing 19% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 23 - 29, 2010, during which time 47 new class actions were filed in these California state and federal courts. Labor law class actions returned to familiar territory, accounting for more than half of all class actions filed during this reporting period with 27 new class actions (representing 57% of the total number of new class actions filed). In distant second, the only other category to break the 10% threshold involved California's Unfair Competition Law (UCL), which includes false advertising with 5 new filings (representing 11% of the total number of new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 16 - 22, 2010, during which time 53 new class actions were filed in these California state and federal courts. Labor law class actions again took the top spot, with 23 new class actions (representing 43% of the total number of new class actions filed). The only other category to break the 10% threshold mirrored the class actions which broke the threshold last reporting period, involving alleged violations of California's Unfair Competition Law (UCL), which includes false advertising with 10 new filings (representing 19% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 9 - 15, 2010, during which time 50 new class actions were filed in these California state and federal courts. Labor law class actions typically top this list, often account for well over half of the total number of new class actions filed during any particular week. This last week, however, employment-related class action lawsuits dropped substantially, falling below 40%. This past week, new labor law class actions accounted for only 19 of the new complaints filed (38% of the total number of new class actions filed). The only other categories to break the 10% threshold mirrored the class actions which broke the threshold last reporting period, involving alleged violations of California's Unfair Competition Law (UCL), which includes false advertising with 16 new filings (representing 32% of the total number of new class actions filed), and more "me too" class actions involving the Apple iPhone, with 6 new class action filings (12%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 2 - 8, 2010, during which time 46 new class actions were filed in these California state and federal courts, despite the fact courts were closed for the July 4th holiday. While labor law class actions fell below the 50% threshold of new class action filings last week, during this reporting period employment-related claims rose. This past week, new labor law class actions accounted for 24 of the new complaints filed (52% of the total number of new class actions filed), once again topping the list. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising with 11 new filings (representing 24% of the total number of new class actions filed), and class actions involving the Apple iPhone, with 5 new class action filings (11%).

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The author of the Class Action Defense Blog wishes all of you a very happy Independence Day. A new class action article will be published tomorrow.

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To assist class action defense attorneys anticipate the types of lawsuits against which they will have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 25 - July 1, 2010, during which time 49 new class actions were filed in these California state and federal courts. Labor law class actions frequently top the list, often accounting for more than half of the new class action filings in any particular week. This past, week, however, new labor law class actions accounted for less than 50% of the total number of new class actions filed, but still managed to come in as the top category with 22 new class actions (representing 45% of the new class actions filed during this reporting period). The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising with 9 new filings (representing 18% of the total number of new class actions filed), and class actions alleging violations of federal securities laws, with 5 new filings (10%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 18 - 24, 2010, during which time only 39 new class actions were filed in these California state and federal courts. While labor law class actions generally top the list by a wide margin -- often accounting for more than half of the new class action filings in any particular week -- for the past weeks new labor law class actions accounted for less than 50% of the total number of new class actions filed. This past week, however, class actions involving employment-related claims against exceeded 50% with 21 new filings (54%). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising with 11 new filings (representing 28% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of claims 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 11 - 17, 2010, during which time only 37 new class actions were filed in these California state and federal courts. Labor law class actions often account for more than half of the new class action filings in any particular week -- but during this reporting period only 18 new labor law class actions were filed, representing a relatively low 49% of the total number of new class actions filed. The only other categories that managed to break the 10% threshold were class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 7 new filings (representing 19% of the total number of new class actions filed) and class actions alleging violations of the Telephone Consumer Protection Act, with 5 new filings (representing 14% of the total number of new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 4 - 10, 2010, during which time 49 new class actions were filed in these California state and federal courts. While labor law class actions generally top the list by a wide margin -- often accounting for more than half of the new class action filings in any particular week -- this past week only 20 new labor law class actions were filed, representing a relatively low 41% of the total number of new class actions filed. The only other categories that managed to break the 10% threshold were class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, and class actions against Toyota arising out of alleged product defects, each with 6 new filings (representing 12% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of cases against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from May 21 - 27, 2010, during which time 48 new class actions were filed in these California state and federal courts. While labor law class actions generally top the list by a wide margin -- often accounting for more than half of the new class action filings in any particular week -- this past week only 20 new labor law class actions were filed, representing only 42% of the total number of new class actions filed. The only other category to break the 10% threshold involved alleged violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 5 new filings (representing 10% of the total number of new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from May 7 - 13, 2010, during which time 51 new class actions were filed in these California state and federal courts. While labor law class actions generally top the list by a wide margin -- often accounting for more than half of the new class action filings in any particular week -- this past week only 22 new labor law class actions were filed, representing only 43% of the total number of new class actions filed. Three other categories managed to break the 10% threshold: class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new filings (representing 18% of the total number of new class actions filed); class actions against Toyota arising out of alleged product defects, with 7 new filings (14% of the total number of new class actions filed); and class actions alleging violations of federal securities laws, with 5 new filings (10% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of claims against which they will have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from April 30 - May 6, 2010, during which time 50 new class actions were filed in these California state and federal courts. New labor law class actions often account for more than half of the new class action filings in any particular week, and last week was the only case that broke the 10% reporting threshold. This past week, however, there was remarkable balance in the filing of new class actions, with labor law class actions just taking the top spot with 12 new filings, representing only 24% of the total number of new class actions filed -- the lowest percentage in a very long time. Two other categories of cases broke the 10% threshold, with Unfair Competition Law (UCL) claims, which include false advertising claims, coming in a close second with 11 new filings (22%), and class action alleging securities fraud coming in third with 9 new filings (18%).

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As a resource for 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from April 23 - 29, 2010, during which time 52 new class actions were filed in these California state and federal courts. New class actions alleging employment-related claims often account for more than half of the new class action filings in any particular week, though this not been true for the past several weeks. And last week we saw class action filings that covered a wide range of topics, with class actions covering four different categories meeting the 10% reporting threshold. But this past week only labor law class actions hit the 10% threshold, with 28 new filings, representing only 54% of the total number of new class actions filed.

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To assist class action defense attorneys anticipate the types of cases against which they may 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from April 16 - 22, 2010, during which time 49 new class actions were filed in these California state and federal courts. Labor law class actions generally account for more than half of the new class action filings in any particular week, though has not been true for the past several weeks. During this past week, a wide range of class actions were filed but only 16 of them were labor law class actions, representing only 33% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 7 new filings (representing 14% of the total number of new class actions filed), class actions alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), with 6 new filings (12% of the total number of new class actions filed) and 5 class actions (10% of the total number of new class actions filed) alleging antitrust violations, each of which were transferred into California as part of the In re Optical Disk Drive Products Antitrust Litigation action.

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from April 9 - 15, 2010, during which time 53 new class actions were filed in these California state and federal courts. While labor law class actions generally top the list by a wide margin -- often accounting for more than half of the new class action filings in any particular week -- this past week only 20 new labor law class actions were filed, representing only 38% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 12 new filings (representing 23% of the total number of new class actions filed), and class actions alleging violations of federal securities laws, with 6 new filings (11% of the total number of new class actions filed).

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To assist class action defense attorneys anticipate the types of cases against which they may have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from April 2 - 8, 2010, during which time 53 new class actions were filed in these California state and federal courts. Generally labor law class actions top the list, and often account for more than half of the new class action filings in any particular week. Last week, however, only 17 new labor law class actions were filed (representing a paltry 38% of the total number of new class actions filed during that reporting period), and this week only 19 new labor law class actions were filed (representing only 36% of the total number of class actions filed during this reporting period). The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 14 new filings (representing 26% of the total number of new class actions filed), and class actions alleging antitrust violations, with 6 new filings (11% of the total number of new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from March 26 - April 1, 2010, during which time 45 new class actions were filed in these California state and federal courts. Class actions involving employment-related claims generally account for more than half of the new class action filings in any particular week, but during this reporting period only 17 new labor law class actions were filed, representing a remarkably low 38% of the total number of new class actions filed. The only other category to break the 10% threshold involved the bandwagon class actions against Toyota premised on product defect claims with 8 new class action lawsuits (18% of the new class actions filed during the reporting period).

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from March 19 - 25, 2010, during which time a surprisingly high number of new class actions -- 73 -- were filed in these California state and federal courts. As a general rule, labor law class actions easily top this list as they usually account for more than 50% of the new class action filed during any particular week. This number has been off during the past few weeks, but rebounded this reporting period. This past week, 36 new labor law class actions were filed, representing a respectable 49% of the total number of new class action filed. Three additional categories also broke the 10% threshold. The second highest number of new class action lawsuits filed alleged violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 13 new filings (representing 18% of the total number of new class actions filed). Next came the now-familiar claims against Toyota alleging various product liability claims, with 9 new class actions (12% of the total number of new class actions filed), followed by class actions alleging violations of federal securities laws, with 8 new class actions (11% of the total number of new class actions filed).

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As a resource for 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from March 12 - 18, 2010, during which time 48 new class actions were filed in these California state and federal courts. As a general rule, labor law class actions easily top this list as they usually account for more than 50% of the new class action filed during any particular week. Last week, only 13 new labor law class actions were filed, representing a meager 30% of the total number of new class actions filed, and those numbers carried into this week. Again, only 13 new labor law class actions were filed, representing only 27% of the total number of new class action filed during the past week. However, there were 18 new class action lawsuits filed alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, representing 38% of the total number of new class actions filed. The only other category to break the 10% threshold involved class actions against Toyota involving product liability claims, with 6 new lawsuits representing 13% of the new class actions filed during the reporting period.

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from March 5 - 11, 2010, during which time 44 new class actions were filed in these California state and federal courts. While class actions involving employment-related claims often account for more than half of the new class action filings in any particular week, this past week saw a substantial drop in such filings. During this reporting period, only 13 new labor law class actions were filed, representing a relatively paltry 30% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 10 new class action lawsuits (23% of the new class actions filed during the reporting period), and class actions alleging violations of federal securities laws, with 7 new filings (16% of the total number of class action filings).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from February 26 - March 4, 2010, during which time 54 new class actions were filed in these California state and federal courts. Readers know well that labor law class actions generally top this list by a wide margin, and this yet again proved true though the percentage of such class action claims was lower than usual. During this reporting period, 25 new labor law class actions were filed, representing 46% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 11 new class action lawsuits (20% of the new class actions filed during the reporting period), and class actions alleging violations of federal securities laws, with 6 new filings (11% of the total number of class action filings).

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To assist California class action defense attorneys anticipate the types of class actions against which they will have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from February 19 - 25, 2010, during which time an unusually high number of new class actions -- 65 -- were filed in these California state and federal courts. Labor law class actions generally top this list by a wide margin and often account for more than half of the total number of new class action lawsuits filed during any particular week, and this proved to be especially true for this past week. During this reporting period, 42 new labor law class actions were filed, representing 65% of the total number of new class actions filed. The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 10 new class action lawsuits (15% of the new class actions filed during the reporting period).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from February 5 - 11, 2010, during which time 50 new class action cases were filed in these California state and federal courts. While labor law class actions generally top this list by a wide margin and often account for more than half of the total number of new class action lawsuits filed during any particular week, this past week saw a flood of product defect class actions against Toyota. But even with the Toyota class actions, employment-related class action lawsuits maintained their grip on the top spot. During this reporting period, 24 new labor law class actions were filed, representing 48% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions against Toyota for product defects, with 9 new class actions (16% of the new class actions filed during the reporting period), and class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 8 new class action lawsuits (16% of the new class actions filed during the reporting period).

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To assist class action defense attorneys anticipate the types of lawsuits against which they will have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from January 29 - February 4, 2010, during which time 37 new class action cases were filed in these California state and federal courts. Readers of this Blog know that labor law class actions generally top this list by a wide margin and often account for more than half of the total number of new class action lawsuits filed during any particular week. During this reporting period, 16 new labor law class actions were filed, representing only 43% of the total number of new class actions filed. The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 12 new class action lawsuits (32% of the new class actions filed during the reporting period).

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Jury Returns Verdict in Favor of Plaintiffs in Securities Class Action Against Vivendi Universal, S.A., Finding that 57 Public Comments Made between October 2000 and June 2002 were False

Attorneys are reporting that a jury has reached a verdict in the securities class action filed against Vivendi, though the court docket does not yet reflect that a verdict has been reached. In re Vivendi Universal, S.A. Securities Litig., United States District Court, Eastern District of New York, Case No. 1:02-cv-05571-RJH-HBP. The class action reportedly covers approximately one million investors, and damages are estimated to be in the billions of dollars. Vivendi promises to appeal the jury verdict.

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from January 22 - 28, 2010, during which time 47 new class action cases were filed in these California state and federal courts. Labor law class actions frequently top this list by a wide margin as they often account for more than half of the total number of new class action lawsuits filed. During this reporting period, there were only 21 new class actions alleging employment-related claims, representing a comparatively low 45% of the total number of new class actions filed. The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 15 new class action lawsuits (32% of the new class actions filed during the reporting period).

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from January 15 - 21, 2010, during which time only 31 new class action cases were filed in these California state and federal courts (due in part to the holiday). Labor law class actions often top this list by a wide margin and frequently account for more than half of the total number of new class action lawsuits filed. During this reporting period, there were only 16 new class actions alleging employment-related claims, representing 52% of the total number of new class actions filed. The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 8 new class action lawsuits (26% of the new class actions filed during the reporting period).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from January 8 - 14, 2010, during which time 42 new class action cases were filed in these California state and federal courts. Generally, labor law class actions top this list by a wide margin as they frequently account for more than half of the total number of new class action lawsuits filed. During this reporting period, there were only 25 new class actions alleging employment-related claims, representing 60% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 4 new class action lawsuits (10% of the new class actions filed during the reporting period), and class actions alleging violations of the federal antitrust laws, with 4 new class actions (10% of the new class actions filed).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from December 31, 2009 - January 7, 2010, during which time 35 -- a relatively small number of new class action cases -- were filed in these California state and federal courts. Labor law class actions generally top this list by a wide margin, frequently accounting for more than half of the total number of new class action lawsuits filed. During this reporting period, there were only 15 new class actions alleging employment-related claims, representing only 43% of the total number of new class actions filed. The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new class action lawsuits (26% of the new class actions filed during the reporting period), and class actions alleging violations of the federal Americans with Disabilities Act (ADA), with 4 new class actions (11% of the new class actions filed).

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Because of the holidays, this report covers the time period from December 18 - 30, 2009, during which time 59 new class action cases were filed in these California state and federal courts. Generally, labor law class actions top this list by a wide margin, as they frequently account for more than half of the total number of new class action lawsuits filed. During this reporting period, there were 29 new class actions alleging employment-related claims, representing only 49% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 16 new class action lawsuits (27% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

As a resource for 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from December 11 - 17, 2009, during which time only 30 new class action cases were filed in these California state and federal courts. Labor law class actions generally top this list by a wide margin, and this was particularly true during the past week. During this reporting period, there were 19 new class actions alleging employment-related claims (63% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 5 new class action lawsuits (17% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from December 4 - 10, 2009, during which time 41 new class action cases were filed in these California state and federal courts. Generally, class actions alleging employment-related claims top this list by a wide margin, often accounting for more than half of the total number of new class action lawsuits filed. This yet again proved to be the case. During this reporting period, there were 24 new class actions alleging employment-related claims (59% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new class action lawsuits (22% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Because of the Thanksgiving holiday, this report covers the time period from November 20 - December 3, 2009, during which time 71 new class action cases were filed in these California state and federal courts. Labor law class actions often account for more than half of the total number of new class action lawsuits filed in California, and generally top this list by a wide margin. During this reporting period, there were 33 new class actions alleging employment-related claims (46% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 17 new class action lawsuits (24% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

The author of the Class Action Defense Blog is taking the day off for the Thanksgiving holiday. A new class action article will be published on Monday, November 30. Happy Thanksgiving, everyone!

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from November 13 - 19, 2009, during which time 48 new class action cases were filed in these California state and federal courts. Labor law class actions almost always top this list, often by a substantial percentage and often accounting for well over half of the total number of new class actions filed in these California courts. During this reporting period, however, only 16 of the new class action lawsuits involved employment-related claims (representing a comparatively low 33% of the total number of new class actions filed). The only other categories to break the 10% threshold involved class actions involving securities claims, with 13 new lawsuits (27% of the total number of new class actions filed), and class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new class action lawsuits (19% of the new class actions filed).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of lawsuits 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from November 6 - 12, 2009, during which time 40 new class action cases were filed in these California state and federal courts. Class actions alleging employment-related claims generally top the list by a wide margin, often accounting for more than half of the total number of new class actions filed in these California courts. During this reporting period, there were 20 new class actions alleging employment-related claims (50% of the total number of new class actions filed). The only other categories to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 7 new class action lawsuits (18% of the new class actions filed during the reporting period), and class actions alleging violations of federal securities laws, with 5 new class action lawsuits (13% of the new class actions filed during the reporting period).

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District Court Properly Found Class Action’s State Law Claims Fell within Scope of Securities Litigation Uniform Standards Act (SLUSA) Sixth Circuit Holds

Plaintiff filed a putative class action against Fifth Third Bank and its holding company, Fifth Third Bancorp., alleging breach of fiduciary duty and breach of contract. Segal v. Fifth Third Bank, N.A., 581 F.3d 305, 308 (6th Cir. 2009). According to the allegations underlying the class action complaint, Fifth Third “ breached its fiduciary and contractual duties to the class in three ways: (1) It invested fiduciary assets in proprietary (and often higher-fee) Fifth Third mutual funds rather than superior funds operated by the Bank's competitors; (2) it promised trust beneficiaries that their fiduciary accounts would receive ‘individualized’ management and breached that agreement by providing standardized and largely automated management…, often by ‘relatively inexperienced’ and ‘low-level’ employees…; and (3) it invested too many of the funds' assets in low-yielding investments in order to cover the accounts' near-term tax liabilities.” Id. Defense attorneys moved to dismiss the class action on the grounds that the state law claims were preempted by the Securities Litigation Uniform Standards Act of 1998 (SLUSA); the district court agreed and dismissed the class action complaint. Id. The Sixth Circuit affirmed.

The Sixth Circuit explained that Congress enacted Private Securities Litigation Reform Act (PSRLA) to “curb[] ‘perceived abuses’ of federal class-action securities litigation by imposing special requirements and obstacles on claimants filing such actions.” Segal, at 308 (citations omitted). However, “some claimants responded by ‘avoid[ing] the federal forum altogether,’ bringing ‘class actions under state law, often in state court’ instead.” Id., at 309 (citation omitted). Because this “was not what Congress had in mind,” it enacted SLUSA: its purpose was to “‘prevent certain State private securities class action lawsuits alleging fraud from being used to frustrate the objectives of’ PLSRA…[by] expressly prohibit[ing] certain state law class actions,” id. (citation omitted). The Circuit Court explained that “SLUSA prohibits a claimant from filing a class action when four things are true: (1) the class action is ‘covered,’ which means it involves more than fifty members; (2) the claims are based on state law; (3) the action involves a ‘covered security,’ which means a nationally listed security; and (4) the complaint alleges ‘an untrue statement or omission of a material fact in connection with’ buying or selling a covered security or a ‘manipulative or deceptive device or contrivance in connection with’ buying or selling a covered security.” Id. (citations omitted). The parties agreed that the first three of these requirements were satisfied by the class action – the question on appeal was whether the last requirement had been met. Id.

Continue reading "SLUSA Class Action Defense Cases–Segal v. Fifth Third Bank: Sixth Circuit Affirms Dismissal Of Class Action Complaint Holding Class Action Claims Fell Within Scope Of SLUSA" »

Posted In: Class Actions In The News, Class Action Court Decisions, PSLRA/SLUSA Class Actions

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 30 - November 5, 2009, during which time 48 new class action cases were filed in these California state and federal courts. Labor law class action generally top the list by a wide margin, and this past week was no exception. During this reporting period, there were 25 new class actions alleging employment-related claims (52% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new class action lawsuits (19% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

To assist California class action defense attorneys anticipate the types of class action against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 23 - 29, 2009, during which time 56 new class action cases were filed in these California state and federal courts. Labor law class action generally top the list by a wide margin, often accounting for more than half of the total number of new class actions filed. This past week, class action alleging employment-related claims again topped the list with 24 new class action lawsuits (43% of the total number of new class actions filed). The only two other categories to break the 10% threshold again involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 14 new class action lawsuits (25% of the new class actions filed during the reporting period), and class actions alleging antitrust violations, with 8 new class action lawsuits (14% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases against which they will have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 16 - 22, 2009, during which time 44 new class action cases were filed in these California state and federal courts. Class actions alleging employment-related claims generally top the list by a wide margin. This past week, however, a relatively low number of new class action lawsuits involved labor law claims, with only 20 such filings (45% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 13 new class action lawsuits (30% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 9 - 15, 2009, and just like the prior reporting period, 51 new class action cases were filed in these California state and federal courts. Also just like the last reporting period, 27 of the new class action lawsuits involved labor law claims (53% of the total number of new class actions filed). And in a marked coincidence, the only other category to break the 10% threshold again involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new class action lawsuits (18% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

The author of the Class Action Defense Blog wishes all of you a very happy Columbus Day holiday. A new class action article will be published tomorrow.

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases against which they will have to defend in California courts, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 2 - 8, 2009, during which time 51 new class action cases were filed in these California state and federal courts. Class actions alleging employment-related claims generally top the list by a wide margin. This past week, 27 of the new class action lawsuits involved labor law claims (53% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 10 new class action lawsuits (20% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 25 - October 1, 2009. During that time period, 47 new class action cases were initiated in these California state and federal courts. Labor law class actions generally top the list by a wide margin, often accounting for more than half of the new class action lawsuits filed, but this past week only 18 of the new class action filings involved employment-related claims (38% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 13 new class action lawsuits (28% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

As a resource for 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 18 - 24, 2009, during which time 40 new class action cases were filed in these California courts. Generally, labor law class actions top the list by a wide margin, and a wide variety of categories complete the mix. This past week, however, only three categories accounted for fully 90% of the new class action lawsuits filed in these California courts. Class actions alleging employment-related claims continued to hold the top spot, with 16 new class actions, accounting for 40% of the total number of new class actions filed. But class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, ran a close second, with 13 new class actions (33%). The only other category to break the 10% threshold involved class actions alleging violations of federal securities laws, with 7 new class action lawsuits (18% of the new class actions filed during the reporting period). Among them, these three groups accounted for 36 of the 40 new class actions filed during this past week.

Posted In: Class Actions In The News

In order to allow 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 11 - 17, 2009, during which time only 34 new class action cases were filed in these California courts. Labor law class actions generally top the list by a wide margin, often accounting for more than half of the new class action lawsuits filed, but class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, ran a close second this week. This past week, only 16 of the new class action filings involved employment-related claims (47% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's UCL, with 10 new class action lawsuits (29% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 4 - 10, 2009. During that time period, 38 new class action cases were initiated in these California state and federal courts. Labor law class actions generally top the list by a wide margin, often accounting for more than half of the new class action lawsuits filed, but class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, ran a close second this week. This past week, only 14 of the new class action filings involved employment-related claims (37% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's UCL, with 12 new class action lawsuits (32% of the new class actions filed during the reporting period).

Posted In: Class Actions In The News

The author of the Class Action Defense Blog wishes all of you a very happy Labor Day. A new class action article will be published tomorrow.

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In order to allow 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 28 – September 3, 2009. During that time period, 44 new class action cases were initiated in these California state and federal courts. As a general rule, labor law class actions top the list by a wide margin, and often account for more than half of the new class action lawsuits filed. This past week, however, only 20 of the new class action filings involved employment-related claims (45% of the total number of new class actions filed). The only other category to break the 10% threshold involved class actions alleging violations of California's unfair competition law (UCL), with 14 new class action lawsuits, representing 32% of the new class actions filed during the reporting period.

Posted In: Class Actions In The News

Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Unopposed by Class Action Plaintiffs, but Transfers Class Actions to District not Mentioned by Any of the Parties, the District of Massachusetts

Two class actions – one in Missouri and one in New York – were filed against various defendants, including Forest Laboratories and Forest Pharmaceuticals alleging that defendants “engaged in false and misleading promotion of Celexa and Lexapro for pediatric or adolescent use and sought to induce physicians and others to prescribe Celexa or Lexapro by providing them with various forms of illegal remuneration.” In re Celexa & Lexapro Marketing & Sales Prac. Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. August 19, 2009) [Slip Opn., at 1-2]. Defense attorneys filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the Eastern District of New York; plaintiffs in the New York class action supported the motion, and plaintiffs in the Missouri class action ultimately did not object to transfer to the Eastern District of New York. Id., at 1. Plaintiffs in a potential tag-along class action pending in the Southern District of New York requested transfer to that district, id. The Judicial Panel granted the motion to centralize the class action lawsuits but selected the District of Massachusetts as the appropriate transferee court. Id. The Panel explained at page 2, “The two qui tam actions that apparently spawned the actions now before the Panel are pending in the District of Massachusetts. Also, centralization in this district permits the Panel to assign the litigation to an experienced judge who is not presently overseeing another multidistrict litigation docket and who has a caseload relatively favorable for this assignment.”

Posted In: Class Actions In The News, Multidistrict Litigation, Class Action Court Decisions

Class Action Alleging Improper Charges for Settlement Services Failed to State Claim under Real Estate Settlement Practices Act (RESPA) because Class Action Described an “Overcharge” Rather than a “Markup” or a “Fee Split” and Remaining Class Action State Law Claims Dismissed without Prejudice because Court Refused to Exercise Supplemental Jurisdiction over them New Jersey Federal Court Holds

Plaintiffs filed a putative class action against various North American Title entities alleging inter alia violations of the federal Real Estate Settlement Practices Act (RESPA) and the New Jersey Consumer Fraud Act; specifically, the class action complaint alleged that defendants charged improper fees in connection with the refinancing of residential mortgages. Tubbs v. North Am. Title Agency, Inc., 622 F.Supp.2d 207, 207-08 (D.N.J. 2009). According to the allegations underlying the class action complaint, defendants acted as closing agent when plaintiffs refinanced home loans that they had with Wachovia Bank, id., at 208. Among the closing costs charged by defendants was “release recording fee” of $150, but defendants “did not actually record the release of the mortgages”; instead, “Wachovia prepared and recorded the necessary documents…, and passed through to the borrower the $40 per mortgage recording fee charged by the County.” Id. Defense attorneys moved to dismiss the class action, and plaintiffs filed an amended class action complaint that largely tracked the original. Id., at 208-09. Defense attorneys again moved to dismiss the class action, id., at 209. The district court granted the motion.

The federal court explained that the gravamen of the class action’s RESPA claim was that defendants “violated RESPA by charging a settlement fee for which no services were performed.” Tubbs, at 209. Relying on Santiago v. GMAC Mortgage Group, Inc., 417 F.3d 384 (3d Cir. 2005), plaintiffs argued that defendants’ charge for recording a release was a “markup” prohibited by Section 8(b) of RESPA. Tubbs, at 209. But the district court explained that Santiago drew a distinction between a “markup” and an “overcharge,” which “occurs when the settlement service provider charges the consumer a fee, of which only one portion is a fee for the reasonable value of ‘services rendered.” Id. (citing Santiago, at 387). The distinction is important because under Santiago “the plain language of Section 8(b) does not provide a cause of action for overcharges.” Id., at 210 (citation omitted). Defendants did not actually engage in “fee splitting” because the fee charged by Wachovia “was not for the same settlement service.” Id. The district court explained at page 210 that the $40 fee charged by Wachovia was “not a fee for any service Wachovia was providing” but represented “the actual cost of recording the discharge with the Camden County Clerk’s office” and Wachovia “was passing on the county recording fee for the mortgage satisfaction as permitted by New Jersey Statute.” Further, the $25 fee charged by Wachovia was “for its work in preparing the mortgage satisfaction and arranging for its recording.” Id.

Continue reading "RESPA Class Action Defense Cases–Tubbs v. North American Title: New Jersey Federal Court Dismisses Class Action RESPA Claim And Dismisses Balance Of Class Action After Declining Jurisdiction Over Class Action’s State Law Claims" »

Posted In: Class Actions In The News, Class Action Court Decisions, RESPA/TILA Class Actions

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 21 – August 27, 2009. During that time period, 50 new class action cases were initiated in these California state and federal courts. Generally, class action cases alleging employment law violations top the list, often by a wide margin. This past week, however, there was a significant increase in the number of class actions alleging violations of California's unfair competition law (UCL). There were 21 new labor law class action lawsuit and 21 new UCL class action lawsuits, representing 42% each of the new class actions filed during the reporting period. No other category cracked the 10% threshold of new class action cases.

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from August 14 - 20, 2009, during which time 41 new class actions were filed. While labor law class actions often top this list by a wide margin, this reporting period saw considerable balance among three separate areas. During this reporting period, only 22 class actions alleging employment-related claims were filed, representing a comparatively low 54% of the total number of new class actions filed. Only two other categories met the 10% threshold: there were 8 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (20%), and 4 new class actions alleging violations of federal securities laws (10%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of claims 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from August 7 - 13, 2009, during which time a relatively large number of new class actions -- 56 -- were filed. Labor law class actions generally top this list by a wide margin, and this yet again proved to be true. During this reporting period, 33 class actions were filed alleging employment-related claims, representing 59% of the total number of new class actions filed. Only one other category met the 10% threshold: there were 11 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (20%).

Posted In: Class Actions In The News

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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from July 31 - August 6, 2009, during which time 37 new class actions were filed -- a comparatively low number. Class actions alleging employment-related claims generally top this list by a wide margin, but in contrast to the remarkable balance among three separate categories of class actions filed last week, labor law class actions monopolized the new filings during this reporting period. A stunning 28 labor law class actions were filed this past week, representing 76% of the total number of new class actions filed. No other category met the 10% threshold.

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from July 24 - 30, 2009, during which time 47 new class actions were filed. While labor law class actions often top this list by a wide margin, this reporting period saw considerable balance among three separate areas. During this reporting period, only 17 class actions alleging employment-related claims were filed, representing only 36% of the total number of new class actions filed -- well below normal, as labor law class actions often account for more than half of all of the new class actions filed in California state and federal courts during any particular week. Only two other categories met the 10% threshold: there were 11 new class actions alleging violations of the Electronic Fund Transfer Act (23%), and 10 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (21%).

Posted In: Class Actions In The News

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from July 17 - 23, 2009, during which time 35 new class actions were filed. Labor law class actions generally top this list by a wide margin. During this reporting period, only 12 class actions alleging employment-related claims were filed, representing only 34% of the total number of new class actions filed. For reference, labor law class actions often account for more than half of all of the new class actions filed in California state and federal courts during any particular week. Only two other categories met the 10% threshold: there were 8 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 23% of the new class actions filed, and there were 5 new class actions alleging violations of securities laws, accounting for 14% of the new class actions filed.

Posted In: Class Actions In The News

In order 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from July 10 - 16, 2009, during which time only 27 new class actions were filed. As a general rule, class actions alleging employment-related claims top this list by a wide margin. During this reporting period, only 11 labor law class actions were filed, representing 41% of the total number of new class actions filed. Only one other category met the 10% threshold: there were 7 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 26% of the new class actions filed.

Posted In: Class Actions In The News

Class Action Settlement Calling for Bar Order, Wiping Out Corporate Officer’s Indemnification Agreement and Advancement of Attorney Fees from Company Properly Approved by District Court Eleventh Circuit Holds

Plaintiffs filed a class action against HealthSouth Corporation and others, including its former chairman and CEO Richard M. Scrushy, alleging securities fraud; the class action complaint was filed in March 2003, after “HealthSouth acknowledged that its previous financial statements had substantially overstated its income and assets.” In re HealthSouth Corp. Sec. Litig., 572 F.3d 854, 2009 WL 1675398, *1 (11th Cir. 2009). According to the several class action complaints that were filed, defendants violated the Securities Act of 1933 and the Securities Exchange Act of 1934. Id. Ultimately, the class actions were consolidated in the Northern District of Alabama, and a partial settlement was reached between HealthSouth and the lead plaintiffs whereby HealthSouth would pay $445 million in settlement. Id. Scrushy was not a party to the settlement (having been prohibited from the mediation as the alleged mastermind of the fraud), and the district court approved the settlement over his objections, id. In part, the settlement included a bar order that extinguished “[Scrushy’s] contractual claims against HealthSouth for indemnification of settlement payments he might make to the underlying plaintiffs and extinguishes his claims for advancement of legal defense costs.” Id.

The basis of the appeal is that, in 1994, “Scrushy and HealthSouth executed an agreement requiring HealthSouth to indemnify Scrushy to the fullest extent permitted by law.” In re HealthSouth, at *1. Specifically, the indemnity agreement “require[d] HealthSouth to indemnify Scrushy for any judgment or settlement in any action in which he is sued for actions taken as a director or officer of the company, if he acted in good faith and reasonably believed he was acting in the best interest of the company.” Id. The bar order, however, wiped out any indemnity obligations, id. Scrushy’s objection was premised on the fact that the bar order “extinguished valuable and enforceable rights to which Scrushy was entitled under his indemnification agreement with HealthSouth.” Id., at *2. But “[t]he Bar Order is reciprocal, extinguishing similar claims by the settling defendants.” Id., at *2 (footnote omitted). The Eleventh Circuit reviewed Scrushy’s challenges to the settlement bar order for an abuse of discretion, id., at *3.

Continue reading "Class Action Defense Cases–In re HealthSouth: Eleventh Circuit Affirms Class Action Settlement Of Securities Fraud Class Action Including Bar Order Impacting CEO’s Indemnity Agreement With Company" »

Posted In: Class Actions In The News, Class Action Court Decisions, PSLRA/SLUSA Class Actions

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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from June 26 - July 9, 2009, during which time a remarkable high number of new class actions -- 108 -- were filed. As a general rule, class actions alleging employment-related claims top this list by a wide margin. During this reporting period, however, a surprisingly large number of ADA (Americans with Disabilities Act) class action lawsuits were filed; 40 new class actions, representing 37% of the total number of new class actions filed during the past two weeks. Class actions alleging employment-related claims came in a strong second, with 35 new class actions (32% of the total number of new class actions filed). Despite the high number of class actions filed, only one other category met the 10% threshold: there were 14 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 13% of the new class actions filed.

Posted In: Class Actions In The News

The author of the Class Action Defense Blog wishes all of you a very happy Independence Day. The author has been on vacation but anticipates that new class action articles will be published next week.

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from June 19 - 25, 2009, during which time an unusually high number of new class actions -- 62 -- were filed. As a general rule, class actions alleging employment-related claims top this list by a wide margin. During this reporting period, 29 of the new class actions involved labor law claims, representing only 47% of the total number of new class actions filed during the past week. Despite the high number of class actions filed, only two other categories met the 10% threshold: there were 15 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 24% of the new class actions filed, and 7 new class actions alleging violations of the Americans with Disabilities Act (ADA), representing 11% each.

Posted In: Class Actions In The News

In order 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from June 12 - 18, 2009, during which time 53 new class actions were filed. Labor law class actions usually top this list by a wide margin, generally accounting for more than half of the new class actions filed in any given week. During this reporting period, 25 of the new class actions involved labor law claims, representing only 47% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold: there were 13 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 25% of the new class actions filed.

Posted In: Class Actions In The News

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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from June 5 - 11, 2009, during which time 40 new class actions were filed. Labor law class actions usually top this list by a wide margin, generally accounting for more than half of the new class actions filed in any given week. During this reporting period, only 16 of the new class actions involved labor law claims, representing a surprisingly low 40% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold: there were 9 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 23% of the new class actions filed.

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from May 29 - June 4, 2009, during which time 50 new class actions were filed. As a general rule, class actions alleging employment-related claims top this list by a wide margin. During this reporting period, 23 of the new class actions involved labor law claims, representing only 46% of the total number of new class actions filed during the past week. Three other categories met the 10% threshold: there were 11 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 22% of the new class actions filed, and 5 new class actions each for federal securities violations and Americans with Disabilities Act (ADA) violations, representing 10% each.

Posted In: Class Actions In The News

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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from May 22 - 28, 2009, during which time 43 new class actions were filed. Labor law class actions usually top this list by a wide margin, generally accounting for more than half of the new class actions filed in any given week. During this reporting period, 22 of the new class actions involved labor law claims, representing a surprisingly low 51% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold: there were 9 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 21% of the new class actions filed.

Posted In: Class Actions In The News

In order 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from May 15 - 21, 2009, during which time an unusually high number of new class actions were filed -- 59. Generally, labor law class action lawsuits account for more than half of the new class actions filed and top the list by a substantial margin. During this reporting period, only 18 of the new class actions involved labor law claims, representing a surprisingly low 31% of the total number of new class actions filed during the past week. Only two other categories met the 10% threshold. There were 13 new class actions alleging violations of the Americans with Disabilities Act (ADA), accounting for 22% of the new class actions filed, and there were 12 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, accounting for 20% of the new class actions filed.

Posted In: Class Actions In The News

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from May 8 - 14, 2009, during which time 49 new class actions were filed. Labor law class action lawsuits generally top the list, often by a wide margin and often with more than half of the new class action filings. During this reporting period, only 21 of the new class actions involved labor law claims, representing a relatively low 43% of the total number of new class actions filed during the past week (though substantially higher than the 31% showing during the last reporting period). Only two other categories met the 10% threshold. There were 10 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (20%), and 5 new class actions alleging violations of federal securities laws (10%).

Posted In: Class Actions In The News

FACTA Class Action Seeking $4.6 Million to $46 Million in Statutory Damages from Restaurant with Net Worth of $40,000 did not Warrant Class Action Treatment because Class Action not “Superior” Method of Resolving Dispute Florida Federal Court Holds

Plaintiff filed a putative class action in Florida state court against Mama Mia, “a local restaurant in Hollywood, Florida, with approximately $40,000 in net assets”; the class action alleged that defendant violated the Fair and Accurate Credit Transactions Act (FACTA), which requires that merchants truncate credit card and debit card numbers on electronically-printed customer receipts. Leysoto v. Mama Mia I., Inc., 255 F.R.D. 693, 694 (S.D.Fla. 2009). According to the allegations underlying the class action, the receipts defendant provided to customers “displayed both the expiration date and full number of [the customers’] credit card.” Id. (The district court noted that defendant “ceased this practice, and began truncating customer receipts to merely four (4) card numbers, no later than June 26, 2008.” Id.) The class action complaint sought “statutory and actual damages, as well as attorneys' fees and costs,” id. Defense attorneys removed the class action to federal court, id., and plaintiff moved for class certification, arguing a Rule 23(b)(3) class action should be certified, id., at 694-95. Defense attorneys opposed class action certification on the grounds that class action treatment would expose defendant to statutory damages of $4.6 million - $46 million, even though plaintiff concedes he did not suffer any actual economic injury and even though there was no evidence that any member of the putative class suffered actual economic injury. Id., at 695 and n.5. The district court denied plaintiff’s motion.

The district court explained that the class certification motion “turns on two related questions: (1) whether potential class damages are a proper consideration at the motion to certify stage; and, if so; (2) whether the potential class damages in this matter preclude certification under Fed.R.Civ.P. 23(b)(3).” Leysoto, at 694. Of course, plaintiff bears the burden of establishing that class action treatment was warranted, id., at 695 (citations omitted). FACTA provides for recovery of actual damages or statutory damages of “not less than $100 and not more than $1,000.” Id. (citation omitted). This is important because under Eleventh Circuit authority the district court “may consider potential class damages in adjudicating Plaintiff's Motion, and given the vast disparity between the requested statutory damages and the actual injury caused by Defendant, the class vehicle is not the superior method for fairly and efficiently adjudicating this dispute.” Id., at 694.

Continue reading "FACTA Class Action Defense Cases–Leysoto v. Mama Mia: Florida Federal Court Denies Class Action Treatment Of FACTA Class Action Because Potential Liability Vastly Disproportionate To Actual Damages Suffered By Putative Class" »

Posted In: Class Actions In The News, Certification of Class Actions, FCRA Class Actions, Class Action Court Decisions

In order to assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from May 1 - 7, 2009, during which time an unusually high number of new class actions were filed -- 61. Labor law class action lawsuits generally top the list, often by a wide margin. During this reporting period, only 19 of the new class actions involved labor law claims, representing a relatively low 31% of the total number of new class actions filed during the past week. By comparison, class actions alleging employment-related claims generally account for more than half of the total number of new class actions filed in California during any given week. As one might guess from the large number of class actions filed and the comparatively low number of labor law class actions filed, several other categories met the 10% threshold. There were 14 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (23%). There were also 11 new class actions alleging violations of federal securities laws (18%), though almost all of them (9) were against Sequenom. And finally, there were 7 new class actions alleging violations of the Americans with Disabilities Act (ADA), representing 11% of the total number of new class actions filed during this reporting period.

Posted In: Class Actions In The News

Judicial Panel Grants Plaintiffs’ Separate Requests for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Supported by Defendants, and Transfers Class Actions to Eastern District of New York

Eight class actions – four in New Jersey, two in Illinois and one each in California and New York – were filed against various Bayer defendants “arising from Bayer’s marketing and sale of Bayer Aspirin with Heart Advantage or Bayer Women’s Low-Dose Aspirin Plus Calcium, or both.” In re Bayer Corp. Combination Aspirin Products Marketing & Sales Practices Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. April 14, 2009) [Slip Opn., at 1]. According to the class action complaints, “Bayer marketed these products without approval from the United States Food and Drug Administration and deceived the plaintiffs and putative class members with respect to the safety and efficacy of the products.” Id., at 2. Class action plaintiffs filed three separate motions with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407. Id., at 1. Plaintiffs in the New York class action sought centralization in the Eastern District of New York; plaintiffs in the four New Jersey class actions and the two Illinois class actions originally sought centralization in their respective jurisdictions, but at oral argument they, too, supported centralization in the Eastern District of New York. Id. Plaintiffs in the California class action requested that the Panel defer ruling on the motions until the district court ruled on their motion to remand their class action to state court; alternatively, they requested centralization in the Southern District of California. Id. Defendants Bayer and Bayer Healthcare supported centralization of the class actions (including the California class action), and recommended transfer either to the Southern District of Illinois or Eastern District of New York. Id.

The Judicial Panel granted the motion to centralize the class action lawsuits, agreeing that centralization “will eliminate duplicative discovery; prevent inconsistent pretrial rulings, particularly with respect to class certification issues; and conserve the resources of the parties, their counsel and the judiciary.” In re Bayer, at 1-2. The Panel agreed further that the Eastern District of New York was the appropriate transferee court, particularly given its wide support. Id., at 2. Accordingly, the Judicial Panel ordered the various class actions transferred to the Eastern District of New York, id.

Posted In: Class Actions In The News, Multidistrict Litigation, Class Action Court Decisions

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from April 24 - 30, 2009, during which time 37 new class actions were filed. Labor law class action lawsuits generally top the list, often by a wide margin. This proved to be true yet again. During this reporting period, 20 of the new class actions involved employment-related claims (representing 54% of the total number of new class actions filed during the past week). The only other category to meet the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 7 new class action complaints (19%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from April 17 - 23, 2009, during which time only 30, a relatively low number of new class actions, were filed. Labor law class action lawsuits generally top the list by a wide margin. During this reporting period, 16 of the new class actions involved labor law claims (representing 53% of the total number of new class actions filed during the past week). Only two other category met the 10% threshold: there were 5 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (17%), and there were 3 new class actions alleging violations of federal securities laws (10%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from April 10 - 16, 2009, during which time 39 new class actions were filed. Labor law class action lawsuits generally top the list by a wide margin and often account for more than half of the new class actions filed during the week. During this reporting period, only 17 of the new class actions involved labor law claims, which were sufficient to top the list of new class action filings in California courts but which represent a relatively low 44% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold: there were 10 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, representing 26% of the new class actions filed.

Posted In: Class Actions In The News

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from April 3 - 9, 2009, during which time only 31 new class actions were filed. While class action lawsuits alleging employment-related claims generally top the list by a wide margin, this past week was dominated by class actions alleging labor law violations or violations of California's Unfair Competition Law (UCL), which includes false advertising claims. During this reporting period, 16 of the new class actions involved labor law claims (representing 52% of the total number of new class actions filed during the past week). And class actions alleging UCL violations made up the only other category that met the 10% threshold, with 11 new class action filings (35%). Thus, almost 90% of the new class action lawsuits filed during the past week involved either labor law claims or UCL claims.

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of cases 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from March 26 - April 2, 2009, during which time 46 new class actions were filed. Labor law class action lawsuits generally top the list by a wide margin. During this reporting period, 27 of the new class actions involved labor law claims (representing 59% of the total number of new class actions filed during the past week). Only one other category met the 10% threshold: there were 9 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (20%).

Posted In: Class Actions In The News

As a resource for California attorneys who defend class action lawsuits, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from March 20 - 26, 2009, during which time an usually large number of new class actions, 58, were filed. Generally, class action lawsuits alleging employment-related claims top the list by a wide margin; indeed, labor law class actions often account for more than half of the total number of new class actions filed each week. This past week, only 24 of the 58 new class action filings involved labor law claims (representing 41% of the total number of new class actions filed during the past week). Only two other categories met the 10% threshold: there were 11 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (19%), and 7 new class actions alleging violations of the Americans with Disabilities Act (ADA) or related failure to provide access claims.

Posted In: Class Actions In The News

In order 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from March 13 - 19, 2009, during which time 46 class actions were filed. Labor law class actions generally top this list, and usually account for more than 50% of the total number of new class actions filed each week. While employment-related class actions did not meet this 50% mark, they did continue to hold the top spot among new class actions. In this reporting period, 22 new labor law class action lawsuits were filed, representing 48% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold, as there were 8 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (17%).

Posted In: Class Actions In The News

As a resource for California class action defense attorneys we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from March 6 - 12, 2009, during which time 39 class actions were filed. Labor law class actions generally top the list by a wide margin, and in this reporting period 18 of the new class actions asserted employment-related claims, representing 46% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold. There were 4 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (10%).

Posted In: Class Actions In The News

In order 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 the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from February 27 - March 5, 2009, during which time 41 class actions were filed. Class actions asserting employment-related claims generally top this list, and this again proved true. In this reporting period, 23 new labor law class action lawsuits were filed, representing 56% of the total number of new class actions filed during the past week. Only one other category met the 10% threshold, as there were 11 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (27%).

Posted In: Class Actions In The News

As a resource for California class defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from February 20 - 26, 2009, during which time 41 class actions were filed. Labor law class actions generally top the list, and this reporting period was no exception. In this reporting period, 19 new labor law class action lawsuits were filed, representing a relatively low 46% of the total number of new class actions filed during the past week. Only two other categories satisfied the 10% threshold: there were 9 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (22%), and there were 4 new class actions alleging violations of federal securities laws (10%).

Posted In: Class Actions In The News

In order to allow class 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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from February 13 - 19, 2009, during which time an unusually high number of class actions were filed; in total, 59 new class action lawsuits were initiated in these courts during this reporting period. Class actions alleging employment-related claims generally top the list of new class action filings by a wide margin, and during this reporting period 23 new labor law class action lawsuits were filed, representing a relatively low 39% of the total number of new class actions filed during the past week. Only two other categories satisfied the 10% threshold: there were 12 new class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (20%), and there were 11 new class actions alleging violations of the federal Americans with Disabilities Act (ADA) (19%).

Posted In: Class Actions In The News

Wal-Mart’s Petition for Rehearing En Banc of District Court Order Certifying Nationwide Labor Law Class Action Alleging Sex Discrimination Against 1.5 Million Employees Granted by Ninth Circuit

We have previously reported on the Ninth Circuit opinion in Dukes v. Wal-Mart, Inc., 474 F.3d 1214 (9th Cir. 2007), which affirmed a district court order granting plaintiffs’ motion for class action certification in a nationwide labor law class action alleging sex discrimination; the certified class action covered 1.5 million members, but the district court concluded that the action nonetheless would be manageable. Our summary of Dukes may be found here. On February 13, 2009, the Ninth Circuit voted to grant Wal-Mart’s petition for rehearing en banc. Dukes v. Wal-Mart, Inc., Case Nos. 04-16688 and 04-16720 (9th Cir. February 13, 2009) [Slip Opn., at 1-2]. Accordingly, the opinion of the three-judge panel affirming the district court order granting class action certification may no longer be cited as precedent in the Ninth Circuit.

Posted In: Class Actions In The News, Class Action Court Decisions

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from February 6 - 12, 2009, during which time 35 new class action lawsuits were filed. Generally, labor law class actions top the list of new class action filings by a wide margin, and it is rare that the top two categories have approximately the same number of new filings. This past week, however, there was remarkable balance among the categories of class action lawsuits. Specifically, four categories of class action cases were separated by only 8 filings. Labor law class actions again came in on top, but with only 13 new filings (37% of the total number of new class actions filed during the past week). Three other categories satisfied the 10% threshold: there were 8 class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (23%), there were 6 new class actions alleging violations of federal antitrust (17%), and there were 5 class actions alleging violations of federal securities laws (14%).

Posted In: Class Actions In The News

In order to allow 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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from January 30 - February 5, 2009, during which time 47 new class action lawsuits were filed. As we regularly remind readers, labor law class actions generally top the list of new class action filings -- often by a wide margin. This trend proved particuarly true this past week, with the filing of 24 new class action lawsuits alleging employment-related claims (51% of the total number of new class actions filed during the past week). While two other categories satisfied the 10% threshold, the numbers pale in comparison: there were 6 new class actions alleging violations of federal antitrust (13%), and there were 5 class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims (11%).

Posted In: Class Actions In The News

ACI is sponsoring a conference on Managing Complex Litigation, which will be held at the Helmsley Park Lane in New York on February 25 and 26, 2009. The conference features a faculty of 25 in-house counsel. Details on the conference and its topics may be found at www.americanconference.com/complexlit.htm or by calling (888) 224-2480. The conference promises to be well worthwhile for class action defense attorneys and in-house who manage complex cases.

Posted In: Class Actions In The News

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from January 23 - 29, 2009, during which time 48 new class action lawsuits were filed. Labor law class actions generally top the list of new class action filings by a wide margin. During this report period, 21 new labor law class action lawsuits were filed, representing 44% of the total number of new class actions filed during the past week. Two other categories satisfied the 10% threshold: class actions alleging violations of federal antitrust laws, with 13 new lawsuits (27%), and class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 9 new filings (19%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of class action lawsuits 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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from January 16 - 22, 2009, during which time 46 new class action lawsuits were filed. Labor law class actions generally top the list of new class action filings, last week there was substantial balance among the top three categories of new class action complaints. This week, however, class actions alleging employment-related claims surged to the top. During this report period, 20 new labor law class action lawsuits were filed, representing 43% of the total number of new class actions filed during the past week. Three other categories satisfied the 10% threshold: class actions alleging federal securities fraud, with 8 new lawsuits (17%), next came class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 7 new filings (15%), and class actions alleging antitrust violations, with 6 new lawsuits (13%).

Posted In: Class Actions In The News

As a resource for California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from January 9 - 15, 2009, during which time 45 new class action lawsuits were filed. While class actions alleging employment-related claims generally top the list of the class action filings, this past week showed remarkable balance among the top three categories of new class action complaints. During this report period, class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, equaled those class action alleging violations of state and/or federal labor laws -- 14 new class action lawsuits were filed as to each of these categories, representing 31% each of the total number of new class actions filed. The only other category to meet the 10% threshold involved antitrust claims, with 8 new class action filings (18%).

Posted In: Class Actions In The News

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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from January 2 - 8, 2009, during which time only 27 new class action lawsuits were filed. Labor law class actions often top the list of the new class action filings and this again proved true. During this report period, 12 new labor law class action lawsuits were filed, representing a relatively low 44% of the total number of new class actions filed. The only other category to meet the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which includes false advertising claims, with 5 new filings (19%).

Posted In: Class Actions In The News

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 the California state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from December 19 - 31, 2008, during which time only 38 new class action lawsuits were filed. Labor law class actions often top the list of the new class action filings by a wide margin, but the number of new employment-related class actions, as a percentage of the total number of new class action lawsuits filed, had dropped off somewhat in late November and early December. This report, however, covers more than a week because of the holidays, and labor law class action lawsuit filings surged to familiar territory. During this report period, 22 new labor law class action lawsuits were filed, representing 58% of the total number of new class actions filed. The only other category to meet the 10% threshold involved class actions alleging violations of California's Consumer Legal Remedies Act (CLRA) with 4 new filings (11%).

Posted In: Class Actions In The News

The author of the Class Action Defense Blog wishes all of you a very happy New Year. A new class action article will be published tomorrow.

Posted In: Class Actions In The News

The author of the Class Action Defense Blog is taking the day off for the New Year holiday. A new class action article will be published on Friday, January 2.

Posted In: Class Actions In The News

The author of the Class Action Defense Blog wishes all of you a very happy holiday season. A new class action article will be published tomorrow.

Posted In: Class Actions In The News

The author of the Class Action Defense Blog is taking the day off for the Christmas holiday. A new class action article will be published on Friday, December 26.

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases against which they will have to defend in California state and federal courts, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from December 12 - 18, 2008, during which time 43 new class action lawsuits were filed. Class action lawsuits alleging employment-related claims generally top the list of the new class action filings by a wide margin. This past week did not disappoint. During this reporting period, 22 new labor law class action lawsuits were filed, representing 51% of the total number of new class actions filed. The only other category to meet the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which include false advertising claims, with 8 new filings (19%).

Posted In: Class Actions In The News

The American Conference Institute is sponsoring its 8th Annual Conference on Consumer Finance Class Actions & Litigation. The conference will be held at the Affinia Manhattan Hotel in New York on January 27 and 28, 2009, and will feature an impressive panel of speakers. Details on the conference and its topics may be found at www.americanconference.com/CFCA or by calling (888) 224-2480. An early registration discount of $400 is available until December 31 by entering the code "649DX15".

Also, ACI is sponsoring a conference on Managing Complex Litigation, which will be held at the Helmsley Park Lane in New York on February 25 and 26, 2009, and features a faculty of 25 in-house counsel as well as a distinguished panel of outside counsel litigators. Details on the conference and its topics may be found by calling (888) 224-2480. Please note there is a discounted registration fee for in-house counsel of $1395.

These conferences promise to be well worthwhile for class action defense attorneys.

Posted In: Class Actions In The News

As a resource for 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the period from December 5 - 11, 2008, during which time only 31 new class action lawsuits were filed. Labor law class actions generally top the list of the new class action filings by a wide margin, and this again proved true. During this reporting period, 15 new labor law class action lawsuits were filed, representing a relatively low 48% of the total number of new class actions filed during that time period. The only other categories to meet the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which include false advertising claims, with 5 new filings (16%), and class actions alleging violations of federal securities laws, with 3 new class actions (10%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. In light of the Thanksgiving holiday, this report covers the extended period from November 21 - December 4, 2008, during which time 65 new class action lawsuits were filed. Class actions alleging employment-related claims generally top the list of the new class action filings by a wide margin, and this again proved true. During this reporting period, 38 new labor law class action lawsuits were filed, representing 58% of the total number of new class actions filed during that time period. The only other categories to meet the 10% threshold involved class actions alleging violations of federal securities laws, with 10 new class actions (15%), and class actions alleging violations of California's Unfair Competition Law (UCL), which include false advertising claims, with 8 new filings (12%).

Posted In: Class Actions In The News

The author of the Class Action Defense Blog is taking the day off for the Thanksgiving holiday. A new class action article will be published on Monday, December 1

Posted In: Class Actions In The News

The author of the Class Action Defense Blog wishes all of you a very Happy Thanksgiving, and urges class action defense counsel to take the day off! A new class action article will be published on Monday, December 1.

Posted In: Class Actions In The News

As a resource for 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers November 14 - 20, 2008, during which time 49 new class action lawsuits were filed. Generally, class actions alleging employment-related claims top the list of the new class action by a wide margin, but new labor law class action filings have been far lighter than usual over the past few weeks. This past week reflected a "return to the norm," however, as 26 of the new class action lawsuits filed during the past week involved employment-related claims, representing 53% of the total number of new class actions filed during that time period. The only other category to meet the 10% threshold involved class actions alleging violations of California's Unfair Competition Law (UCL), which include false advertising claims, with 10 new filings (20%).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of class action lawsuits 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers November 7 - 13, 2008, during which time 41 new class action lawsuits were filed. Labor law class actions generally top the list of the new class action filings by a wide margin. Last week was an exception, however, as class actions alleging violations of California's Unfair Competition Law (UCL), which include false advertising claims, seized the top spot. But this week, new class action lawsuits alleging employment-related claims regained the top spot. There were a total of 18 new labor law class actions filed during the relevant time period, representing 44% of the total number of new class actions filed. Not surprisingly, the only other category that satisfied the 10% threshold involved UCLclass actions, with 15 new filings (37%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers October 31 - November 6, 2008, during which time 39 new class action lawsuits were filed. Labor law class actions generally top the list of the new class action filings, often by a strikingly wide margin. This past week, however, new class action lawsuits alleging employment-related claims dropped substantially, allowing class actions alleging violations of California's Unfair Competition Law (UCL), which include false advertising claims, to seize the top spot. There were a total of 13 new UCL class actions filed during the relevant time period, representing 33% of the total number of new class actions filed. The only other category that satisfied the 10% threshold involved labor law class actions, with 12 new filings (31%).

Posted In: Class Actions In The News

Judicial Panel Grants Defense Request for Pretrial Coordination of Two Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, Opposed by Illinois Class Action Plaintiffs, and Transfers Actions to Central District of California

Two putative nationwide class actions were filed in the Central District of California and the Northern District of Illinois against Toys “R” Us alleging violations of the federal Fair and Accurate Credit Transactions Act (FACTA); specifically, the class action complaints allege that defendant printed “certain credit and debit card information on customer receipts” in violation of FACTA.” In re Toys "R" Us - Delaware, Inc., Fair & Accurate Credit Transactions Act (FACTA) Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. October 9, 2008) [Slip Opn., at 1]. Defense attorneys filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the Central District of California; plaintiffs in California class action – which is “significantly more advanced” than the Illinois action – did not oppose the motion, but plaintiffs in the Illinois class action did oppose the motion. Id. The Illinois class action plaintiff argued in part that centralization was unnecessary because there are only two actions pending; the Judicial Panel, however, concluded, “Although only two actions are now pending, they are brought on behalf of nearly identical putative nationwide classes, and there is a risk of inconsistent rulings on class certification.” Id. Even though there were only two actions, centralization was appropriate under Section 1407 because “[it] will eliminate duplicative discovery; prevent inconsistent pretrial rulings, especially with respect to class certification; and conserve the resources of the parties, their counsel and the judiciary.” Id. Accordingly, the Judicial Panel granted the motion to centralize the class action lawsuits and agreed that the Central District of California was the appropriate transferee court because the “first-filed action has been pending there for almost two years.” Id., at 1-2.

Posted In: Class Actions In The News, FCRA Class Actions, Multidistrict Litigation, Class Action Court Decisions

To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers October 24 - 30, 2008, during which time 53 new class action lawsuits were filed. Class actions alleging employment-related claims generally top the list of the new class action filings by a wide margin. This past week, 25 of the new class actions alleged labor law claims, representing 47% of the total number of new class actions filed. The only other categories that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 12 new filings (23%), and class action lawsuits alleging violations of California's Song-Beverly Act, with 6 new filings (11%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers October 17 - 23, 2008, during which time 39 new class action lawsuits were filed. Class actions alleging employment-related claims generally top the list of the new class action filings by a wide margin. This past week, 23 of the new class actions alleged labor law claims, representing 59% of the total number of new class actions filed. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 9 new filings (23%).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers October 10 - 16, 2008, during which time 50 new class action lawsuits were filed. Generally labor law class action complaints top the list of the new class action filings by a wide margin. This past week, 30 of the new class actions alleged employment-related claims, representing 60% of the total number of new class actions filed. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 8 new filings (16%).

Posted In: Class Actions In The News

As a resource for 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers October 3 - 9, 2008, during which time only 27 new class action lawsuits were filed. Class action complaints alleging employment-related claims generally head the list of the new class action filings by a wide margin. This again proved to be true. During the past week, 21 of the new labor law class actions, representing an incredible 78% of the total number of new class actions filed. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 5 new filings (19%).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the kinds 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers September 26 - October 2, 2008, during which time 34 new class action lawsuits were filed. It is rare that labor law class action complaints do not top the list of the new class action filings, and this past week was no exception. During the past week, 21 of the new labor law class actions, representing 62% of the total number of new class actions filed. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 8 new filings (24%).

Posted In: Class Actions In The News

As a resource for 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers September 19 - 25, 2008, during which time 43 new class action lawsuits were filed. It is rare that labor law class action complaints do not top the list of the new class action filings, and this past week was no exception. During the past week, 26 of the new class action lawsuits involved labor law claims, representing fully 60% of the total number of new class actions filed. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 9 new filings (21%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of class actions against which they will have to defend in California state and federal courts, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers September 12 - 18, 2008, during which time an unusually high number of new class action lawsuits were filed -- 61. Class action lawsuits asserting employment-related claims generally top the new class action filings list, often by a wide margin. This yet again proved to be true. During the past week, 28 of the new class action lawsuits involved labor law claims, representing 46% of the total number of new class actions filed. The only other categories that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 9 new filings (15%), and class action lawsuits alleging violations federal securities laws, with 8 new filings (13%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers September 5 - 11, 2008, during which time 31 new class action lawsuits were filed. Labor law class action lawsuits generally top the new class action filings list by a wide margin, and during the applicable reporting period 14 of the new class action lawsuits (45%) asserted employment-related claims. The only other categories that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 7 new filings (23%), and class action lawsuits alleging violations or privacy rights by dissemination or failure to protect the personal information of consumers, with 3 new filings (10%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of cases against which they will have to defend in California state and federal courts, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the holiday-shortened week of August 29 - September 4, 2008, during which time only 26 new class action lawsuits were filed. Labor law class action lawsuits generally head the list of new class action filings in California state and federal courts, but last week class actions alleging unfair business practices topped the list. During this reporting period, 16 of the new class action lawsuits (62%) asserted employment-related claims. The only other categories that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 5 new filings (19%).

Posted In: Class Actions In The News

In order 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers August 22 - 28, 2008, during which time 39 new class action lawsuits were filed. Labor law class action lawsuits generally top the list of new class action filings in California state and federal courts, often by a wide margin. This past week, however, proved an exception to this pattern. During this reporting period, 14 of the new class action lawsuits (36%) alleged violations of California's unfair business practices statute, which include false advertising claims. New labor law class action lawsuits came in a close second, with 13 new filings (33%). The only other category that satisfied the 10% threshold involved class action lawsuits alleging securities-related claims, with 4 new filings (10%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers August 15 - 21, 2008, during which time 36 new class action lawsuits were filed. Labor law class action lawsuits generally top the list of new class action filings in California state and federal courts. During this reporting period, 18 of the new class action lawsuits (50%) asserted employment-related claims. The only other categories that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 8 new filings (22%), and class action lawsuits alleging securities-related claims, with 4 new filings (11%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers August 8 - 14, 2008, during which time 37 new class action lawsuits were filed. Labor law class action lawsuits generally top the list of new class action filings in California state and federal courts, often by a wide margin, and this again proved to be the case. Twenty-four (24) new labor law class action lawsuits were filed during the past week, representing 65% of the total number of new class action lawsuits filed during the time period. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 5 new filings (14%).

Posted In: Class Actions In The News

To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers August 1 - 7, 2008, during which time 44 new class action lawsuits were filed. Labor law class action lawsuits generally top the list, often by a wide margin and often accounting for more than 50% of the new class action filings. This past week, 20 new labor law class actions, representing 45% of the total number of new class action lawsuits filed during the reporting period. The only other categories that met the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 13 new filings (30%), and class action lawsuits alleging violations of federal securities laws, with five (5) new filings (11%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers July 25 - 31, 2008, during which time 50 new class action lawsuits were filed. Labor law class action lawsuits generally top the list of new class action filings in California state and federal courts, often by a wide margin, and this again proved to be the case. Twenty-five (25) new labor law class action lawsuits were filed during the past week, representing 50% of the total number of new class action lawsuits filed during the time period. The only other categories that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 8 new filings (16%), and class action lawsuits alleging federal antitrust violations, with 6 new filings (12%).

Posted In: Class Actions In The News

In order to assist class action defense attorneys anticipate the types of class action lawsuits against which they will have to defend in California state and federal courts, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers July 18 - 24, 2008, during which time 46 new class action lawsuits were filed. Labor law class action lawsuits generally top the list of new class action filings in California state and federal courts, and this past week was not an exception. Twenty (20) new class actions asserting employment-related claims were filed during the past week, representing 43% of the total number of new class action lawsuits filed during this reporting period. (We note that while this figure far outnumbers the nearest category, it is well below the level that labor law class actions often hit.) The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 6 new filings (13%).

Posted In: Class Actions In The News

This morning we posted an article on yesterday's California Court of Appeal opinion in Brinker Restaurant Corp. v. Superior Court, ___Cal.App.4th ___ (Cal.App. July 22, 2008). We failed to mention that yesterday California's Governor, Arnold Schwarzenegger, issued a press release on the opinion, and on the topic of employee meal and rest breaks. The Governor's press release states:

We are pleased that the California Court of Appeal issued today a decision squarely addressing many of the central issues in dispute concerning meal and rest periods. The confusing and conflicting interpretations of the meal and rest period requirements have harmed both employees and employers. Today's decision promotes the public interest by providing employers, employees, the courts and the labor commissioner the clarity and precedent needed to apply meal and rest period requirements consistently.

The official press release may be found here.

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers July 11 - 17, 2008, during which time 43 new class action lawsuits were filed. Class actions involving employment-related claims almost always top this list. This proved true once again. Twenty-one (21) new labor law class actions were filed during the past week, representing 49% of the total number of new class action lawsuits filed during this reporting period. The only other category that satisfied the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with 11 new filings (26%).

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers July 3 - 10, 2008, during which time 40 new class action lawsuits were filed. Labor law class action lawsuits generally top the list, often by a wide margin, and this past week was no exception. Fully half of the new class action lawsuits filed during the past week were new labor law class actions; 20 such class actions were filed, representing 50% of the total number of new class action lawsuits. The only other categories that met the 10% threshold involved class action lawsuits alleging unfair business practice claims, which include false advertising claims, with six (6) new filings (15%), and class action lawsuits alleging violations of federal antitrust laws, with four (4) new filings (10%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers June 27 - July 2, 2008, during which time 39 new class action lawsuits were filed. Class action lawsuits alleging employment-related claims generally top the list, and this was once again the case. This past week, 21 new labor law class actions lawsuits were filed, representing 54% of the total number of new class action lawsuits. The only other categories that met the 10% threshold involved federal antitrust class actions and class action lawsuits alleging unfair business practice claims, which include false advertising claims, each with four (4) new filings (10%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers June 20 - 26, 2008, during which time 47 new class action lawsuits were filed. With rare exception, labor law class action lawsuits generally top the list of new class action cases by a wide margin. This past week was no exception, as employment-related class actions lawsuits accounted for fully 28 of the new class actions filed during this reporting period (60% of the total number of new class action lawsuits during the past week). Only one other category met the 10% threshold -- class action lawsuits alleging unfair business practice claims, which include false advertising claims, with five (5) new class actions (11%).

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United States Supreme Court Sets 1:1 Ratio for Punitive Damage Awards under Federal Maritime Law and Reduces $2.5 Billion Award in Exxon Valdez Class Action to $500 Million, Ending 20-year Class Action Fight

The United States Supreme Court issued a stunning ruling yesterday, holding that a punitive damage to compensatory damage ratio of 1:1 is a "fair upper limit" in federal maritime cases. The opinion brings an end to the class action lawsuit filed in the aftermath of the Exxon Valdez oil spill in Alaska nearly 20 years ago. That class action eventually resulted in a $5 billion punitive damage award, which the Ninth Circuit reduced to $2.5 billion. The Supreme Court reduced that award further, setting it at $500 million in light of the $507 million compensatory damage award. The Class Action Defense Blog will post a summary of the Supreme Court opinion on Monday, June 30. The opinion may be downloaded below.

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers June 13 - 19, 2008, during which time 38 new class action lawsuits were filed. Employment related class action lawsuits generally top the list of new class action cases, often by a wide margin. Last week, however, unfair business practice class actions topped the list. But this variance was short-lived: employment-related class actions lawsuits regained the top spot this week. During the time period covered by this post, 17 new class actions were filed alleging various labor law violations (45% of the total number of new class action lawsuits during the past week). Only one other category met the 10% threshold -- class action lawsuits alleging unfair business practice claims, which include false advertising claims, with five (5) new class actions (13%).

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The author of the Class Action Defense Blog extends best wishes for a happy Father's Day. A new class action article will be published tomorrow.

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers June 6 – 12, 2008, during which time 51 new class action lawsuits were filed. Employment related class action lawsuits generally top the list of new class action cases by a wide margin. Indeed, the author cannot recall the last time any category toppedDuring the time period covered by this post, however, class action complaints alleging unfair business practices, including false advertising claims, actually topped the list. Twenty (20) new class actions were filed this reporting period, accounting for 39% of the total number of new class actions filed during the period. The only category of class actions to break the 10% threshold alleged, of course, employment-related claims; 19 new labor law class action cases were filed, representing 37% of the total number of new class actions filed.

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In order 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers May 30 – June 5, 2008, during which time 47 new class action lawsuits were filed. Employment related class action lawsuits generally top the list of new class action cases by a wide margin. During the time period covered by this post, 19 new class actions were filed alleging various labor law violations (40% of the total number of new class action lawsuits during the past week). Only two other categories of class action lawsuits passed the 10% threshold -- class action lawsuits alleging violations of California's unfair business practice claims, which include false advertising claims, with six (6) new class actions (13%), and class actions alleging violations of California's Song-Beverly Act (which, in broad terms, prohibits retailers from requesting that customer provide certain personal information at point of sale in connection with credit card purchases), with five (5) new filings (11%).

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Shareholder Class Action Against Brocade Communications Systems Arising out of Options Backdating Settled for $160 Million

Mark Maremont and John Hechinger of the Wall Street Journal report today that Brocade Communications Systems has agreed to pay $160 million to settle a class action lawsuit filed by shareholders. The class action sought damages allegedly caused by the backdating of stock options. The settlement followed the San Francisco federal court’s ruling last month that Brocade was liable for the conduct of its former Chief Executive Officer, Gregory Reyes, who was sentenced last January to 21 months in federal prison for his role in the scandal. This ruling, coupled with the district court earlier order granting summary judgment in favor of the class action plaintiffs on Mr. Reyes’s fault in the matters placed at issue by the class action complaint, left Brocade with two choices: settle, or proceed to trial with the only issue being the amount of damages to be awarded.

The article, entitled “Brocade Settles Suit for $160 Million,” may be found on page B4 of the June 3, 2008 edition of The Wall Street Journal.

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Melvyn Weiss, Noted Class Action Plaintiff Focusing on Securities Class Actions, Sentenced to 30 Months and Ordered to Pay $10 Million

We have written several articles covering the criminal charges against Melvyn Weiss and his former law partners, David Bershad and Steven Schulman, as well as another former Weiss law partner, William Lerach. The final chapter in the criminal charges against Mr. Weiss came to a close on June 2, 2008, when the federal court sentenced the 72-year-old Mr. Weiss to 30 months in federal prison. Rhonda Rundle and Nathan Koppel report on this event in today’s Wall Street Journal, writing that while the federal court referred to the 275 letters in support of Mr. Weiss as “a showing that I don’t think I’ve ever seen,” he nonetheless handed down a prison sentence very near to the 33-month prison term requested by prosecutors. Government filings reportedly place Mr. Weiss’s share of his law firm’s profits at more than $200 million.

The article, entitled “Weiss Gets 30-Month Sentence: Law Firms Ability To Be Lead Counsel Allowed for Big Fees,” may be found on page B4 of the June 3, 2008 edition of The Wall Street Journal.

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As a resource for 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers May 23 – 29, 2008, during which time 48 new class action lawsuits were filed. Typically, labor law class action lawsuits top the list of new class action filings by a wide margin. This past week, the number of new employment-related class action lawsuits filed in California dropped, from 30 during the prior reporting period to 23, but this still represented 48% of the total number of new class actions filed this past week...more than enough to retain the top spot. Like last week, the only other class action category to meet the 10% threshold alleged violations of California Unfair Competition Law (UCL), which includes false advertising claims, with 9 new filings (19%).

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In May 2007, New York State Attorney General Andrew Cuomo filed a lawsuit against Dell and Dell Financial Services (collectively “Dell”) on behalf of New York residents alleging that it advertised “attractively priced computer packages, promotional financing that typically features a no interest and/or no payment period, large rebates, and free or upgraded accessories,” but that “many of the benefits and inducements featured in Dell's advertisements are illusory.” A copy of the lawsuit may be found here. New York’s Attorney General today announced that it won this lawsuit, obtaining a court finding that “Dell has engaged in repeated misleading, deceptive and unlawful business conduct, including false and deceptive advertising of financing promotions and the terms of warranties, fraudulent, misleading and deceptive practices in credit financing and failure to provide warranty service and rebates.” A copy of the trial court’s order and decision may be found here.

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The author of the Class Action Defense Blog wishes all of you a very happy Memorial Day. A new class action article, summarizing the recent California Court of Appeal opinion discussing California's Song-Beverly Act, will be published tomorrow.

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers May 16 – 22, 2008, during which time 47 new class action lawsuits were filed. Once again class actions asserting employment-related claims topped the list of new class action filings by a wide margin. During the time period covered by this post, 30 new class actions were filed alleging employment-related claims (64% of the total number of new class action lawsuits). The only other category of class action lawsuits to break the 10% threshold alleged violations of California Unfair Competition Law (UCL), which includes false advertising claims, with 5 new filings (11%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers May 9 – 15, 2008, during which time 54 new class action lawsuits were filed. Employment related class action lawsuits generally top the list of new class action cases by a wide margin. During the time period covered by this post, 28 new class actions were filed alleging various labor law violations (52% of the total number of new class action lawsuits during the past week). Only two other categories of class action lawsuits passed the 10% threshold -- class action lawsuits alleging violations of California's unfair business practice claims, which include false advertising claims, with seven (7) new class actions (13%), and class actions alleging antitrust violations, with six (6) new filings (11%).

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The author of the Class Action Defense Blog extends best wishes for a happy Mother's Day. A new class action article will be published tomorrow.

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers May 2 – 8, 2008, during which time 39 new class action lawsuits were filed. Readers know that labor law class actions almost always top the list of new class action cases, often by a wide margin, and this proved true yet again. During the time period covered by this post, 17 new class actions were filed alleging various labor law violations (44% of the total number of new class action lawsuits during the past week). The only other category of class action lawsuits that even managed to break the 10% threshold involved California unfair business practice claims, which include false advertising claims, with nine (9) new class actions (23%).

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As a resource for California class action defense attorneys, so that they may anticipate the types of class actions against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers April 25 – May 1, 2008, during which time 46 new class action lawsuits were filed. Labor law class actions generally top the list of new class action cases by a wide margin, and it has been some time since any other category has threatened to surpass employment-related class action claims. During the time period covered by this post, 29 new class actions were filed alleging various labor law violations (63% of the total number of new class action lawsuits during the past week). The only other category of class action lawsuits that even managed to break the 10% threshold involved California unfair business practice claims, which include false advertising allegations, with seven (7) new class actions (15%).

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Oregon Jury Awards $28 Million in Antitrust Class Action Against Weyerhauser

On April 29, 2008, Weyerhauser lost a class action lawsuit filed in Oregon; the class action complaint reportedly alleged antitrust violations in that Weyerhauser allegedly monopolized the market for finished alder lumber. A jury found against Weyerhauser and awarded nearly $28 million in damages, which will be trebled under antitrust laws. Weyerhauser has promised to appeal the judgment.

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Eight Years After Filing of Class Action Complaint Against EchoStar, now Dish Network, Colorado State Court Grants Plaintiffs’ Motion to Certify Litigation as a Class Action

The Denver Post reports that the Arapahoe County trial court has granted plaintiffs’ motion to certify a lawsuit against EchoStar as a class action. The class action complaint reportedly was filed by “thousands of [EchoStar’s] retail distributors” eight years ago. The trial court, Judge John Wheeler, is quoted by the Post of accusing defense attorneys of “a willingness and proclivity for drawing out legal proceedings as long as humanly possible and burying their opponents in paperwork and filings.” According to the class action, EchoStar failed to pay commissions and fees due to direct and indirect retailers of its satellite television service.

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers April 18 – 24, 2008, during which time 35 new class action lawsuits were filed. Once again class actions asserting employment-related claims topped the list of new class action filings by a wide margin. During the time period covered by this post, 21 new class actions were filed alleging employment-related claims (60% of the total number of new class action lawsuits). The only other category of class action lawsuits to break the 10% threshold alleged violations of California Unfair Competition Law (UCL), which includes false advertising claims, with 5 new filings (14%).

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As a resource for 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers April 11 – 17, 2008, during which time 44 new class action lawsuits were filed. Labor law class actions generally top the list of new class action cases, often by a wide margin. During the time period covered by this post, 26 new class actions were filed alleging employment-related claims (59% of the total number of new class action lawsuits). No other category of class action lawsuits even managed to break the 10% threshold.

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To assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers April 4 – 10, 2008, during which time 42 new class action lawsuits were filed. Class actions alleging employment-related claims typically top the list of new class action cases by a wide margin. Last week, for example, 61% of the new class action filings were labor law class actions, while the next nearest category accounted for only 12% of the new class actions filed that week. During the time period covered by this post, 19 new class actions were filed alleging employment-related claims (45% of the total number of new class action lawsuits). Only two other categories managed to break the 10% threshold: class actions alleging violations of California's unfair competition law (UCL) class action cases, which includes class actions alleging false advertising claims, and class actions alleging violations of federal securities laws, each of which had five (5) new filings (12%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers March 28 – April 4, 2008, during which time 49 new class action lawsuits were filed. It is a rare week in which labor law class action cases do not lead this list, and during this past week 30 new class actions were filed alleging employment-related claims (61% of the total number of new class action lawsuits). Only one other category even managed to break the 10% threshold for this class action report: California unfair competition law (UCL) class action cases, which includes class actions alleging false advertising claims, with six (6) new filings (12%).

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Second Circuit Rules District Court Erred in Certifying Class Action because Individual Proof of Reliance on Tobacco Companies’ Marketing of “Light” Cigarettes would be Required

Steven Greenhouse of The New York Times reports today that a copycat lawsuit has been filed in New York federal court against Starbucks seeking damages arising out of the company policy of sharing store tips with shift supervisors. The class action, filed by a former barista, comes hot on the heels of a $105 million California class action judgment against Starbucks. (Our summary of that judgment may be found here.) Mr. Greenhouse quotes plaintiffs’ counsel as admitting that the New York class action “mak[es] literally the same pitch as was made in the California case.” Starbucks has vowed to appeal the California judgment. Starbucks insists that shift supervisors are essentially baristas and therefore may share in customer tips. The New York Times quotes a company statement that “Shift supervisors are not managers and have no managerial authority.”

Mr. Greenhouse’s article, entitled “Starbucks Sued in New York Over Tip Issue,” may be found in Section B of the April 4, 2008 edition of The New York Times.

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The Los Angeles Times reports today on the Second Circuit opinion reversing class action certification of a fraud under RICO class action against various tobacco companies. (Our initial news on this opinion may be found here, and our summary of the Circuit Court opinion may be found here.) The Los Angeles Times notes that the damages sought by the class action “theoretically could have ballooned to as much as $800 billion,” and quotes a defense attorney as noting that the decision has “tremendous significance” due to its potential impact on numerous similar class action lawsuits pending in other state and federal courts.

The article, entitled “Light cigarette smokers lose class-action status,” may be found in the Business Section of the April 4, 2008 edition of the Los Angeles Times.

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Chad Bray and Anjali Cordeiro of The Wall Street Journal report today on the Second Circuit ruling that reverses class action certification in a tobacco lights case. (Our news report may be found here, and our summary of the Second Circuit opinion may be found here.) Noting that the class action sought “$280 billion in damages, which could be tripled to more than $800 billion if the smokers’ federal racketeering claims are granted,” the Circuit Court concluded that “difference[s] in plaintiffs’ knowledge and levels of awareness made it difficult to establish a common reliance by the entire class of smokers on the cigarette maker’s marketing.” The lower court had agreed with plaintiffs that the tobacco company defendants had misled the public into believing that “light” cigarettes were less harmful than regular cigarettes, but the Court of Appeals agreed with defense attorneys that individual issues predominate over common issues. The Wall Street Journal summarizes the defense claim that “the issues were so individualized for each brand or each smoker’s own circumstances that the case couldn’t be effectively grouped in such a class.” The article also quotes from the Circuit Court opinion, “Each plaintiff in this case could have elected to purchase light cigarettes for any number of reasons, including a preference for the taste and a feeling that smoking lights was ‘cool.’”

The article, entitled “Tobacco Firms Score Victory As Class-Action Suit is Denied,” may be found on page B3 of the April 4, 2008 edition of The Wall Street Journal.

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Second Circuit Rules District Court Erred in Certifying Class Action because Individual Proof of Reliance on Tobacco Companies’ Marketing of “Light” Cigarettes would be Required

Stephanie Saul of The New York Times reports today on a “victory for the tobacco industry” – the Second Circuit opinion reversing class action certification of “an $800 billion class-action lawsuit on behalf of smokers who said they had been misled that light cigarettes were safer than regular ones.” (Our initial report on that decision may be found here, and our summary of the Circuit Court opinion may be found here.) Ms. Saul notes that the Second Circuit concluded it would not be possible “to generalize about why smokers chose light cigarettes.” And while the ruling may potentially impact some of the numerous similar class action lawsuits pending in other state and federal courts, the Times explains that the basis of this particular class action was not that smokers suffered personal injury from smoking “light” cigarettes, but rather that they suffered economically because had they known that “light” cigarettes were just as harmful as regular cigarettes, smokers would have purchased the less expensive, regular cigarettes. Ms. Saul notes also that many cases are waiting for the United States Supreme Court to weigh in on the issue, as a decision out of Maine is presently pending before the High Court.

Ms. Saul’s article, entitled “Appeals Court Panel Throws out Class Action Over Light Cigarettes,” may be found in Section C of the April 4, 2008 edition of The New York Times.

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We have previously reported on the 540-page district court opinion certifying a class action against Philip Morris USA alleging fraud under the Racketeer Influenced and Corrupt Organizations Act (RICO) arising out of the advertising and sale of "light cigarettes." See Schwab v. Phillip Morris USA, Inc., 449 F.Supp.2d 992 (E.D.N.Y. 2006). That articule may be found here. The Second Circuit today reversed that district court opinion because "under RICO, each plaintiff must prove reliance, injury, and damages." Slip Opn., at 4. The Circuit Court held that the requirements for class action certification under Rule 23(b)(3) could not be met because individual questions predominate. Id., at 9.

We will post an article on the Second Circuit opinion tomorrow morning, but the interested reader may find the circuit court opinion below.

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As a resource to defense attorneys who defend class actions in California, we provide weekly, unofficial summaries of the legal categories of 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers March 21 – 27, 2008, during which time 38 new class action lawsuits were filed (down substantially from the 58 new class action filings of the preceding week). Readers of this Blog know that class action lawsuits alleging labor lawclaims almost always top this list by a wide margin, and this past week was no exception. During the past week, 18 new class actions were filed alleging employment-related claims (47% of the total number of new class action lawsuits). Only two other categories managed to break the 10% threshold for this class action report: California unfair competition law (UCL) class action cases,which includes class actions alleging false advertising claims, with 10 new filings (26%), and federal antitrust class actions, with 4 new filings (11%).

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In order to assist class action defense attorneys anticipate the types of cases 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers March 14 – 20, 2008, during which time 58 new class action lawsuits were filed. Class action lawsuits alleging employment-related claims generally top this list, often by a wide margin, and this again proved to be true. During the past week, 28 new class actions were filed alleging employment-related claims (48% of the total number of new class action lawsuits). Only two other categories managed to break the 10% threshold for this class action report: California unfair competition law (UCL) class action cases,which includes class actions alleging false advertising claims, with 14 new filings (24%), and federal antitrust class actions, with 7 new filings (12%).

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Andrea Chang of the Los Angeles Times reports today that a California state court in San Diego has ordered Starbucks to pay more than $100 in a class action brought by baristas. The class action – filed in 2004 – alleged “that shift supervisors, who also make coffee and serve customers, were illegally getting a cut of employee tips,” Ms. Chang reports. The San Diego Superior Court certified the class action in 2006, defining a class that reportedly “could affect as many as 100,000 current and former baristas who worked in California stores since October 2000.” Starbucks has vowed to appeal the judgment.

Ms. Chang’s article, entitled “Tips ruling is made to order for baristas: Starbucks must repay $100 million for gratuities shared with supervisors, a San Diego judge rules,” may be found in the Main News Section of the March 21, 2008 edition of the Los Angeles Times.

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Vikas Bajaj of the New York Times reports today on the $105 million class action ruling by a California state court against Starbucks. The class action alleged, and the San Diego Superior Court agreed, that Starbucks improperly had permitted shift supervisors to share in tips left by customers for baristas. The New York Times reports, “The case centers on the division of labor between managers and rank-and-file workers. Under California labor law and rules, tips can be pooled and shared among workers but restaurant owners or their ‘agents,’ which are typically construed to mean managers and supervisors, cannot share in the money.” Like baristas, the shift supervisors at issue in the class action served customers and make coffee, but they also acted in a managerial capacity, “directing other employees, setting schedules and doing other managerial work.” In addition to the monetary award, the class action award included an injunction that would prohibit Starbucks from permitting shift supervisors from sharing in tips in the future. Separately, Starbucks has announced its intention to appeal the judgment.

Vikas Bajaj’s article, entitled “California Court Awards Starbucks Baristas $105 Million in Tip Dispute,” may be found in Section C. of the March 21, 2008 edition of the New York Times.

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers March 7 – 13, 2008, during which time 54 new class action lawsuits were filed. It is a rare week in which labor law class action cases do not lead this list. During the past week, 29 new class actions were filed alleging employment-related claims (54% of the total number of new class action lawsuits). Only two other categories managed to break the 10% threshold for this class action report: federal antitrust class actions, with 7 new filings (13%), and California unfair competition law (UCL) class action cases,which includes class actions alleging false advertising claims, with six (6) new filings (11%).

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To assist class action defense attorneys anticipate the cases against which they may 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers February 29 – March 6, 2008, during which time 38 new class action lawsuits were filed. Labor law class actions generally top this list by a wide margin. During the past week, 16 new class actions were filed alleging employment-related claims (42% of the total number of new class action lawsuits). The only other categories to break the 10% threshold were California unfair competition law (UCL) class action cases,which includes class actions alleging false advertising claims, with eight (8) new filings (21%), and disability rights class action lawsuits, which had five (5) new class action filings (13%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers February 22 – 28, 2008, during which time 29 new class action lawsuits were filed. Employment law class actions generally top this list, often by a wide margin, and last week did not buck that trend. During the past week, 26 new labor law class action suits were filed (53% of the total number of new class action lawsuits). The only other categories to break the 10% threshold were antitrust class actions, which had seven (7) new class action filings (14%), and California unfair competition law (UCL) class action cases,which includes class actions alleging false advertising claims, with six (6) new filings (12%).

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To assist class action defense attorneys anticipate the types of lawsuits 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers February 15 – 21, 2008, during which time 22 new class action lawsuits were filed. Class actions implicating labor law claims generally top this list, and once again this was the case. During the past week, 13 new labor law class action filings (59% of the total number of new class action lawsuits). The only other category of class action complaints to break the 10% threshold were antitrust class actions, which had only three (3) new class action filings (14%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers February 8 – 14, 2008, during which time 40 new class action lawsuits were filed. Labor law class actions generally top this list by a wide margin, and this yet again proved true with 21 new labor law class action filings (53% of the total number of new class action lawsuits). The only other category of class action complaints to break the 10% threshold were securities class actions with only four (4) new class action filings (10%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers February 1 – 7, 2008, during which time 35 new class action lawsuits were filed. New class action cases alleging various labor law claims generally top this list, often by a wide margin, and this proved especially true this past week 23 new labor law class actions were filed (66% of the total number of new class action lawsuits). New class action complaints alleging violations of California's unfair competition law (UCL), which include false advertising claims, and shareholder derivative suit class actions were the only other categories to meet the 10% threshold, with four (4) new class action filings each (11%).

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the two-week period of January 25 – January 31, 2008, during which time 46 new class action lawsuits were filed. New class action cases alleging employment-related claims generally top this list, and this past week was no exception as 22 new labor law class actions were filed during this time period (48% of the total number of new class action lawsuits filed). New antitrust class action complaints came in a distant second with 7 new filings (15%), closely followed by class actions alleging violations of California's unfair competition law (UCL), which include false advertising claims, and class actions alleging violations of federal securities laws, each with 5 new class action filings (11%).

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To assist defense attorneys anticipate the types of class actions against which they will have to defend in California state and federal courts, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the two-week period of January 18 – January 25, 2008, during which time 39 new class action lawsuits were filed. Class actions alleging employment-related claims generally top this list, often by a wide margin, and labor law class actions continued to hold the top spot this past week with 15 new filings (representing 38% of the total number of new class action lawsuits filed). The only other category to break the 10% threshold involved class actions alleging violations of California's unfair competition law (UCL), which include false advertising claims, with 9 new class action filings (23%).

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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. The defense moved for summary judgment on the ground that the plaintiff never exercised the stock options and so never suffered any injury. The class action alleged that the plaintiff tried to exercise his stock options for PaylinX (which subsequently merged into CyberSource) but the company interfered with his efforts, but the court found no evidence to support the allegation. Accordingly, the court granted summary judgment and dismissed the class action.

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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.” Mr. Anderson notes that the High Court’s refusal to hear the class action appeal comes one week after the Court’s seminal decision in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., ___ U.S. ___, 2008 WL 123801 (January 15, 2008), a summary of which may be found here. Mr. Anderson further notes that the ruling “is an indication that the High Court doesn’t believe the Enron suit met the standards set in the Stoneridge ruling for securities class-action lawsuits to proceed.”

Mark Anderson’s article, entitled “Supreme Court Declines Suit Brought by Enron Investors,” may be found online and was posted January 22, 2008 on The Wall Street Journal.Online.

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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. The class action is but one of numerous class action lawsuits in state and federal courts alleging, in essence, that Phillip Morris and other tobacco companies falsely advertised “light” cigarettes as being safer than regular cigarettes. In part, tobacco companies have urged that “the Federal Trade Commission’s regulation of cigarette advertising bars claims under a state law.” A federal district court agreed with Phillip Morris, but the First Circuit reversed. In so doing, the First Circuit created a circuit conflict with a decision out of the Fifth Circuit that barred a similar class action lawsuit. Mr. Anderson quotes a Phillip Morris representative as stating, “A definitive answer to this question will significantly impact the outcome of dozens of pending lawsuits in which the plaintiffs are alleging billions of dollars in potential liability.” The author agrees that the impact on state and federal class action lawsuits against the tobacco industry will be substantial.

Mark Anderson’s article, entitled “Justices to Hear Cigarette Case,” may be found on page A6 of the January 19, 2008 edition of The Wall Street Journal.

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As a resource for California defense attorneys so that they may anticipate the types of class action lawsuits against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the two-week period of January 11 – January 17, 2008, during which time 57 new class action lawsuits were filed. While labor law class actions generally top this list by a wide margin, this past week a new category joined the list of top class action lawsuits -- federal Trust in Lending Act (TILA) lawsuits. Fourteen (14) employment-related class action lawsuits were filed during the past week, representing only 25% of the total number of new class action filings (compared with almost 60% of the class action filings during the preceding week). TILA class action cases came in second with 12 new filings (21%). Two other categories cracked the 10% threshold: those alleging violations of federal antitrust law violations with 9 new filings (16%), and those alleging violations of California's unfair competition law (UCL), which include false advertising claims, with 6 new class action filings (11%).

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In a case of considerable importance to numerous securities class action lawsuits presently pending throughout the country, the United States Supreme Court today issued its opinion in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., and affirmed the decision of the Eighth Circuit Court of Appeals. The underlying class action alleged securities fraud claims under, inter alia, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 based on misleading financial statements concerning Charter Communications. The class action complaint alleged that defendants Scientific-Atlanta and Motorola, who were customers and suppliers of Charter Communication, participated in a scheme to mislead Charter's auditor, Arthur Andersen LLP, in order to support false financial statements. The Eighth Circuit had affirmed judgment in favor of the customers/suppliers, and the U.S. Supreme Court today affirmed on the ground that investors did not rely on any statements or representations made by the customers/suppliers. A summary of the opinion will be posted tomorrow morning.

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In order to assist California defense attorneys anticipate the types of class action lawsuits against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the two-week period of January 4 – January 10, 2008, during which time only 32 new class action lawsuits were filed. While employment law class actions generally top this list by a wide margin, this was particularly true this past week as more than six (6) times as many labor law class action cases were filed as any other category of cases. Nineteen (19) employment-related class action lawsuits were filed during the past week, representing 59% of the total number of new class action filings. No other category of class actions cracked the 10% threshold. The nearest groups were new class actions alleging violations of California's unfair competition law (UCL), which include false advertising claims, and alleging violations of federal antitrust laws, each with 3 new class action filings (9%).

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Following its Original Panel Opinion Reversing Trial Court Denial of Plaintiff’s Class Action Certification Motion, California Court of Appeal Grants Defense Petition for Rehearing in Ticconi v. Blue Shield Class Action

The Los Angeles Times reports today that the California Court of Appeal has agreed to reconsider its opinion in Ticconi v. Blue Shield of Cal. Life & Health Ins. Co., 157 Cal.App.4th 707, 68 Cal.Rptr.3d 785 (Cal.App. 2007), which reversed a trial court order denying class action status to a lawsuit against Blue Shield. Our summary of the original appellate opinion in that putative class action, as well as the opinion itself, may be found here. As Times Staff Writer Lisa Girion explains, the prior decision “opened the door to class-action lawsuits by policyholders who had been dropped after they filed claims for medical care.” The underlying class action complaint alleged that Blue Shield wrongfully rescinded insurance coverage based on fraudulent statements in insurance policy applications, and the trial court denied class action status to the lawsuit on the grounds the individual issues related to Blue Shield’s fraud and unclean hands defenses would predominate over common issues. Ticconi, at 789. The Court of Appeal, in an decision handed down on December 4, 2007, had reversed, holding that the trial court erred in denying class action treatment because “[e]quitable defenses cannot be used to defeat a UCL cause of action and Blue Shield Life may not raise the defense of fraud based on statements that insureds made in an application for insurance where the application had been neither attached to nor endorsed on the policy when issued.” Ticconi, at 789 (citations omitted). Accordingly, “the diverse facts making up Blue Shield Life's fraud and unclean hands defenses [were] not to be factored in when determining whether the community of interest requirement is met.” Id., at 798.

Ms. Girion’s article, entitled “Insurer wins a reprieve on class actions,” may be found in the Business Section of the January 5, 2008 edition of the Los Angeles Times. The order granting rehearing was entered by the Court of Appeal on January 3, 2008.

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As a resource to 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. We include only those categories that include 10% or more of the class action filings during the preceding week. In light of the holidays, this report covers the two-week period of December 21, 2007 – January 3, 2008, during which time 57 new class action lawsuits were filed. Labor law class action cases generally top this list, often by a wide margin, but new employment law actions completed dominated the class action filings during this time period. Thirty-three (33) employment-related class action lawsuits were filed during the past two weeks, representing 58% of the total number of new class action filings. The only other category of class actions to crack the 10% threshold alleged violations of California's unfair competition law (UCL), which include false advertising claims, with 9 new class action filings (16%).

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District Court Awards Class Action Counsel Record $464 Million following $3.2 Billion Settlement in Class Action Against Tyco and its Auditors

Characterizing the case as “enormously complex,” United States District Court Judge Barbadoro awarded counsel for class action plaintiffs $464 million in legal fees and $29 million in costs arising out of the securities fraud class action lawsuit against Tyco and its auditors. The underlying class action settled for $3.2 billion, so the fee award to class action counsel represented 14.5% of the settlement. The attorney fee awarded eclipsed the previously record award of $366 (plus $10 million in costs) awarded to class action counsel following the $6.1 billion settlement in the WorldCom class action.

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The Wall Street Journal reports today that Travelers Cos. Has reached a tentative class action settlement of a shareholder class action, and that the company has separately agreed to “pay $6 million to settle several state investigations over how it paid brokers.” The amount to be paid to settle the class action has not yet been disclosed. The settlement follows a failed attempt by defense attorneys to obtain dismissal of the class action complaint. According to The Wall Street Journal, the lawsuit and state investigations arose out of allegations “that Travelers conspired with brokers to submit fake bids [for insurance policies] even though the brokers had already determined which insurer would get business from a policyholder.” Travelers allegedly paid “contingent commissions” to the brokers that were not disclosed to policyholders.

The article, entitled “Travelers Cos. Settles Shareholder Lawsuit,” may be found on page A8 of the January 2, 2008 edition of The Wall Street Journal.

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The author of the Class Action Defense Blog wishes all of you a very Happy New Year. A new class action article will be published tomorrow.

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The Associated Press reports today that U.S. District Court Judge Harry Barnes of Arkansas has denied plaintiffs’ class action certification motion, but has permitted the lawsuit to proceed on an individual basis. According to AP, the class action complaint was filed following the 2005 derailment of a Union Pacific train; the derailment caused an explosion that killed a woman. Judge Barnes ruled that the lawsuit failed to satisfy the requirements for a class action, AP reports, but permitted that the four named plaintiffs may proceed to trial on June 2, 2008, on their individual claims.

The article, entitled “Judge denies class-action for lawsuit over 2005 UP train derailment,” was published by AP on December 31, 2007.

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As frequent visitors to this site know, each Saturday 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. We include only those categories that include 10% or more of the class action filings during the preceding week. However, in light of the limited number of court days this past week and this upcoming week, we have decided to delay today's class action filing report. Next Saturday, the class action report shall include the cases filed over a two-week period.

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The author of the Class Action Defense Blog wishes all of you a very happy holiday season. A new class action article will be published tomorrow.

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The Wall Street Journal reports today that U.S. District Court Judge Robert Lasnik of Seattle, Washington, has dismissed a putative class action against lawyer-rating website Avvo. The class action complaint challenged Avvo’s method of rating lawyers, and was filed by two lawyers who objected to the ratings they had received. According to The Wall Street Journal, the district court “ruled that there was no basis for cracking down on a lawyer-rating Web site merely because some of its rates didn’t like how they were portrayed.”

The article, entitled “Judging Lawyers,” may be found in the “Review & Outlook” section on page A10 of the December 24, 2007 edition of The Wall Street Journal.

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Key Provision that Class Action Counsel Recommend Proposed Settlement of Class Action to All Clients Challenged by Certain Plaintiff Lawyers

As the hearing date on approval of the proposed Vioxx class action settlement nears, some of the lawyers for class action plaintiffs are seeking out of a key part of the settlement agreement. Specifically, the proposed settlement requires plaintiff counsel recommend the settlement to all of their clients; now, however, lawyers representing thousands of class action plaintiffs want permission to advise their clients to reject the deal. Merck reportedly considered this provision critical to the $4.85 billion settlement agreement, which would resolve more than 50,000 claims arising out of the prescription drug Vioxx. The lawyers argue that the settlement agreement infringes on their right to provide independent legal advice to their clients. In essence, plaintiff lawyers want to require Merck to settle the weak claims, but risk further litigation involving comparatively stronger claims. Merck’s approach had been to vigorously defend the Vioxx lawsuits, and it had prevailed in most of the 18 cases that had gone to trial.

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Corey Dade of The Wall Street Journal reports today that the Internal Revenue Service has dealt a blow to FedEx in connection with labor law class action claims. Dade reports that the IRS “has determined that the roughly 13,000 independent contractors for Fed Corp.’s U.S. ground-delivery business in 2002 were, in fact, employees and assessed the company $319 million in back taxes and fines.” The article, based on information disclosed by FedEx in a filing with the Securities and Commission, characterizes the IRS ruling as “the most significant blow to an embattled model whose low operating costs have been critical to [its] rapid growth.” But FedEx has been hit with scores of lawsuits, including several class action suits alleging labor law violations. FedEx will reportedly appeal the IRS ruling, so the impact of the ruling on pending lawsuits is uncertain.

Corey Dade’s article, entitled “IRS Deals FedEx Setback on Classification of Workers,” may be found on page A4 of the December 22, 2007 edition of The Wall Street Journal.

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The New York Times reported yesterday that class action lawsuits are on the rise because “[l]itigation stemming from the housing crisis is driving an increase in class-action filings.” The article, by Karen Donovan, states that class action filings in 2007 are up 58% from class action cases in 2006; while not explicitly stated in the article, it is clear that Ms. Donovan is referring to securities class actions only. The Wall Street Journal reports slightly different figures today, with an article by Nathan Koppel putting the increase in securities class action lawsuits at 43%. Whether one uses Ms. Donovan’s figure of 38 subprime-based securities class action filings in 2007 or Mr. Koppel’s figure of 32 subprime-based securities class action cases in 2007, the number is substantial in light of the fact that less than 200 total securities class action cases were filed last year and that no subprime-based securities class actions were filed in 2006.

Ms. Donovan’s article, entitled “Class-Action Cases Rise, Fueled by Subprime Troubles,” may be found online at nytimes.com and was posted on December 21, 2007. Mr. Koppel’s article, entitled “Securities Class-Action Lawsuits Climb by 43%,” may be found online at The Wall Street Journal Online and was posted on December 22, 2007.

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In order to assist class action defense attorneys anticipate the type of cases against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the time period of December 14 – December 20, 2007, during which time 37 new class action lawsuits were filed. Labor law class action cases generally top this list, and this proved to be true again. Sixteen (16) employment-related class action lawsuits were filed during this time period, representing 43% of the total number of new class action filings. Class actions alleging violations of federal antitrust laws came in second with 10 new filings (27%). The only other category of class actions to crack the 10% threshold alleged violations of California's unfair competition law (UCL), which include false advertising claims, with 4 new class action filings (11%).

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Federal Court Rejects Bid By Defense Attorneys to Move Criminal Trial of Class Action Lawyer Melvyn Weiss to New York

We have previously discussed the criminal indictment of noted class action plaintiff lawyer Melvyn Weiss, co-founder of the securities fraud class action firm formerly known as Milberg Weiss . The Los Angeles Times reports today that Judge John Walter of the United States District Court for the Southern District of Calfornia denied a motion by Weiss's defense attorneys to move the case from Los Angeles to New York. Weiss previously announced his intention to vigorously fight the federal criminal charges of conspiracy, racketeering, obstruction of justice and making false statements under oath, arising out of his alleged payment of millions of dollars in illegal kickbacks to various individuals in return for their agreement to serve as plaintiffs in shareholder class action lawsuits. Federal prosecutors estimate that the scheme netted Weiss's law firm more than one-quarter of a billion dollars in attorney fees. Defense attorneys expressed confidence that Weiss would be acquitted, despite the fact that others indicted in connection with this scheme – including Weiss’s former partners David Bershad and Steven Schulman, and protégé William Lerach – have pleaded guilty.

The article, entitled “Weiss kickback trial to stay in L.A., judge says,” may be found in the Business Section of the December 21, 2007 edition of the Los Angeles Times.

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A class action against Merrill Lynch & Co. alleging that the company provided false research reports on Internet companies ended yesterday when a federal court gave final approval to a settlement of the class action. The class action settlement requires Merrill Lynch to pay $15 million; this is in addition to the $100 million Merrill Lynch agreed to pay to settle a separate action filed by the Attorney General of the State of New York. The class action complaint was filed after the New York A.G.’s investigation into Merrill Lynch became public in 2002.

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To assist California class action defense attorneys predict the cases against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the time period of December 7 – December 13, 2007, during which time only 39 new class action lawsuits were filed. We have repeatedly noted that labor law class action cases generally top this list, often by a wide margin. This past week saw yet another decline in the total number of employment-related class action lawsuit filings, but nonetheless more labor law class action lawsuits were filed than any other category. Specifically, only a dozen new class actions alleging employment law claims were filed this past week, representing 31% of the total number of new class action filings. Class actions alleging violations of federal securities laws came in second with 8 new filings (21%), followed by class actions alleging violations of California's unfair competition law (UCL), which include false advertising claims, and antitrust class actions, which tied for third with 6 new class action filings (representing 15% each of the total new class action cases). No other category passed the 10% threshold.

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The Kansas City Star reports that a state court judge granted final approval today to a class action settlement that “resolves a class-action lawsuit against Sprint Nextel Corp. over the recombination of its tracking stocks in 2004.” Johnson County District Judge Kevin Moriarty gave final approval to the settlement, which requires Sprint Nextel pay $57.5 million. The court also awarded class action counsel about $18 million in attorney fees and costs, but ordered further that about $1.6 million of the attorney fees be withheld pending disbursement of the settlement proceeds to the class. The Star explains that the class action alleged “that Sprint management manipulated its FON wireline business at the expense of its PCS wireless venture and undervalued PCS shares when the stocks were recombined in April 2004.” More specifically, “Sprint divided its stock in 1998, with shares trading under the ‘FON’ ticker symbol reflecting its local and long-distance business, and shares trading under ‘PCS’ reflecting its wireless business. At the time, the wireless unit was in start-up mode and the wireline unit was the company’s big cash producer.” According to the class action allegations, “management artificially depressed the value of PCS by having FON lend it money at an unduly high rate, by failing to properly account for $700 million in tax credits when valuing PCS to determine the conversion ratio when the stocks were recombined, and by using defective or dated information when it calculated the ratio.” The class action covers more than 300,000 potential claimants.

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the time period of November 30 – December 6, 2007, during which time 52 new class action lawsuits were filed. It is rare that labor law class action cases do not top this list, and this past week was no exception. During this past week, 19 new class actions alleging employment law claims were filed, representing 37% of the total number of new class action filings. Class actions alleging violations of California's unfair competition law (UCL), which include false advertising claims, came in second with 13 new filings (25% of the total). The only other category to meet the 10% threshold involved class actions alleging violations of federal securities laws with 6 new cases (12%).

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To aid 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the time period of November 16 – November 29, 2007, during which time 92 new class action lawsuits were filed. New labor law class action cases routinely lead this lead, and that pattern continued. During the relevant time period, 38 new class actions alleging employment law claims were filed, representing 41% of the total number of new class action filings. Class actions alleging violations of California's unfair competition law (UCL), which include false advertising claims, came in a distant second, with 22 new filings (24% of the total). The only two other categories to crack the 10% threshold involved class actions alleging violations of securities laws and antitrust laws, with 10 and 9 new cases (11% and 10%), respectively.

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Class Action Defense Attorneys Obtain California Federal Court Jury Verdict in Favor of JDSU in Securities Fraud Case

News media report today that JDSU obtained a jury verdict in the securities class action filed in the United States District Court for the Northern District of California. While JDSU welcomed the verdict, the company continues to defend itself against other securities class action lawsuits.

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The author of the Class Action Defense Blog wishes all of you a very Happy Thanksgiving, and urges class action defense counsel to take the day off! A new class action article will be published tomorrow.

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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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the time period of November 9 – November 15, 2007, during which time 46 new class action lawsuits were filed in these courts. As a general rule, more labor law class action lawsuits are filed than any other category of cases, often by a wide margin. This again proved to be true, with 15 new class actions alleging employment law claims -- only 33% of the total number of new class action filings this past week, but substantially more than the second closest group of cases. Antitrust class action lawsuits came in second with 7 new lawsuits (only 15% of the total number of new class actions filed), followed closely by unfair competition law (UCL) claims (which include false advertising claims) with 6 new filings (13%) and 5 new securities fraud class actions (11% of the new filings).

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To assist class action defense attorneys anticipate the cases against which they may 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. We include only those categories that include 10% or more of the class action filings during the preceding week. This report covers the time period of November 2 – November 8, 2007, during which time 42 new class action lawsuits were filed. Consistent with the general pattern, more employment law class action lawsuits were filed than any other category. Specifically, 19 new labor law class actions were filed during the past week, representing 45% of the total number of new class action filings. The only other category that satisfied the 10% threshold consisted of unfair competition law (UCL) claims, which include false advertising claims. Seven (7) new UCL class actions were filed, representing 17% of the new filings.

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District of Columbia Federal Court Grants Class Action Certification in Class Action Alleging Sears Misrepresented that its Kenmore-Brand Clothes Dryers had Stainless Steel Drums

Bloomberg News reports today that District of Columbia District Court Judge Harry Leinenweber has granted plaintiff’s motion for class action treatment in a lawsuit against Sears, Roebuck. The class action complaint alleges that Sears falsely advertised that its Kenmore clothes dryers were made with stainless steel drums. Bloomberg quotes the federal court’s order as stating, “The case comes down to whether or not Sears improperly represented that the dryer drum was stainless steel when it was a combination of stainless steel and corrodible mild steel.” The district court certified a class action covering purchasers in 28 states and the District of Columbia.

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. During the time period covered by this report (October 26 – November 1, 2007), there were 45 new class action lawsuits filed in these California state and federal courts, and once again new labor law class action lawsuits easily headed the list with 17 new class action complaints alleging employment law claims, or 38% of the new class action filings for the week. Only two other categories managed to break the 10% threshold for this weekly class action report; there were eight (8) new unfair competition law claims, which include false advertising claims (18%), and there were five (5) new securities fraud class action lawsuits (11%).

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Molly Selvin of the Los Angeles Times reported yesterday that securities class action plaintiff lawyer William Lerach has pleaded guilty “to a criminal charge that could send him to prison for up to two years,” but only if the federal court agrees to the terms of his plea bargain, which includes a provision insulating his San Diego class action law firm from criminal prosecution. While he was not named in the federal indictment handed down last year against plaintiff class action law firm Milberg Weiss and two of its then-named partners, Steven Schulman and David Bershad, Ms. Selvin reports that Lerach “is widely believed to be one of the unnamed partners referred to frequently throughout the 20-count indictment.” In addition to the possibility of a two-year prison term, Lerach is to pay an $8 million fine.

Ms. Selvin’s article, entitled “Lawyer enters plea of guilty: William Lerach pleads in a scheme to bribe plaintiffs in class-action suits for shareholders,” may be found in the Business Section of the October 30, 2007 edition of the Los Angeles Times.

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The University of Pennsylvania Law Review 2007-2008 Symposium will be held on November 30 and December 1, 2007, and will focus on the Class Action Fairness Act of 2005 (CAFA). The Symposium promises to address six different perspectives of the Class Action Fairness Act: "history, jurisdictional policy, federalism, regulatory policy, impact on the federal courts, and impact on the legal profession." The conference will be held at the University of Pennsylvania Law School. Further details of the conference, its location and its topics may be found here.

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Michael Parrish of the New York Times reports that class action plaintiff lawyer William Lerach has pleaded guilty to conspiracy to obstruct justice “for concealing his secret, illegal payments to Dr. Steven G. Cooperman, who was a plaintiff in the class-action lawsuits for which [the Milberg Weiss law firm] became famous.” Dr. Cooperman previously admitted to “participating in the scheme.” This represents but the latest in a series of guilty pleas obtained by the federal government following the criminal indictment of the plaintiff class action law firm Milberg Weiss, two of its named partners and others. Mr. Parrish reports that criminal charges are still pending against the law firm itself, Melvyn Weiss, and an attorney out of Palm Springs, Paul Selzer, “who is accused of being an intermediary, laundering money between the firm and the on-call plaintiffs.”

Mr. Parrish’s article, entitled “Leading Class-Action Lawyer Pleads Guilty to Conspiracy,” may be found in Section C of the October 30, 2007 edition of the New York Times.

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Tentative Class Action Settlement Requires Sprint to Unlock Phones so they can be Utilized with Competitors’ Services and May Impact Similar Industry Class Action Lawsuits

The New York Times reports today that Sprint’s defense team has negotiated a tentative class action settlement of a California class action challenging the company’s practice of “locking” its phones so that they cannot be used on competing networks. According to Katie Hafner’s article, the class action challenged Sprint’s practice of “locking” its phones so that it could not operate with other networks. The terms of the class action settlement, awaiting final approval by a California state court, would require Sprint “to provide departing customers with the code necessary to unlock their phones’ software to the handsets they own can be used on competitors’ networks.” However, “The codes will not work on Nextel-branded phones made by Motorola that use another network protocol, called iDen. Nor will the cods enable customers to switch to AT&T or T-Mobile, as those carriers use network technology known as global system for mobile communication, or GSM.” Nonetheless, the article speculates that the settlement may impact similar class action lawsuits, such as those challenging the Apple iPhone.

Ms. Hafner’s article, entitled “Sprint Nextel Settles Lawsuit Over Switching to New Carriers,” may be found in Section C of the October 27, 2007 edition of the New York Times.

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To assist class action defense attorneys anticipate the types of cases against which they may 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 19 – October 25, 2007, during which time 48 new class action lawsuits were filed in these California state and federal courts. Generally, more labor law class action lawsuits are filed than any other category of cases, and this past week was no exception with the filing of 25 new class actions alleging employment law claims (52% of the new class action filings for the week). Only one other category managed to break the 10% threshold for this weekly class action report; there were ten (10) new antitrust class action lawsuits filed (21%).

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In a state notoriously difficult for individual and class action defendants alike, the Associated Press reports today that a jury awarded $196.2 million in punitive damages against DuPont in a class action that charged the company with “deliberately dumping dangerous heavy metals on an industrial site” resulting in property damage and health concerns of neighboring properties. This award was on top of the $55.5 million awarded in the class action to “clean up private properties.” DuPont was also ordered to provide medical monitories to people exposed to the chemicals, with that monitoring obligation to last 40 years. DuPont promises to appeal the decision.

The AP article, entitled “DuPont is Ordered to Pay $196.2 Million in Dumping Case,” may be found on The Wall Street Journal Online, posted on October 19, 2007.

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 12 – October 18, 2007, during which time 50 new class action lawsuits were filed in these California state and federal courts. Labor law class action cases routinely lead the list by a wide margin, and this proved true yet again. During the past week, 23 new class actions were filed alleging employment law claims, representing 46% of the new class action filings for the week. Only two other categories managed to break the 10% threshold for this weekly class action report: eight (8) involved new unfair competition law (UCL) class action filings, which include false advertising claims (16% of the total number of new class actions), and five (5) involved securities fraud class actions (10%).

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Following Guilty Pleas of Former Partners, Weiss Vows to Fight Criminal Charges

Noted class action plaintiff lawyer Melvyn Weiss, co-founder of the Milberg Weiss securities fraud class action firm, has been released after depositing $1,000,000 in cash with the court, posting a $500,000 bond and surrendering his passport, Michael Parrish of the New York Times reports today. According to Parrish’s report, Weiss intends to fight the federal criminal charges of conspiracy, racketeering, obstruction of justice and making false statements under oath arising out of his alleged payment of millions of dollars in illegal kickbacks to various individuals in return for their agreement to serve as plaintiffs in shareholder class action lawsuits. We have previously reported that others indicted in connection with this scheme – including Weiss’s former partners David Bershad and Steven Schulman, and protégé William Lerach – have pleaded guilty. Weiss is reportedly permitted to travel throughout California, Florida and Washington, but must report travel of more than three days to any other state within the continental U.S.

Mr. Parrish’s article, entitled “Bail Is Set For Lawyer Who Sued For Investors,” may be found in Section C. of the October 13, 2007 edition of the New York Times.

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In order to assist class action defense attorneys anticipate the cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from October 5 – October 11, 2007, during which time 29 new class action lawsuits were filed in these California state and federal courts. Last week, by contrast, more than 60 new class actions were filed in these courts. Generally, labor law class action cases lead the list by a wide margin, but the gap was necessarily narrower this past week in light of the smaller number of new class action lawsutis. During the time period at issue, 11 of the new class action filings involved labor law claims (38% of the total number of new class action cases), followed by seven (7) new antitrust class actions (24% of the total), mostly involving now-familiar claims against Korean Airlines. Two other categories of class actions managed to break the 10% threshold: four (4) involved new unfair competition law (UCL) class action filings, which include false advertising claims (14% of the total), and three (3) class actions alleging securities fraud (10%).

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Michael Parrish of the New York Times reports that class action plaintiff lawyer Steven Schulman, formerly a named-partner at the plaintiff class action law firm now known as Milberg Weiss, has pleaded guilty to a federal racketeering conspiracy charge. According to Parrish’s article, Schulman “admitted in federal court to being part of a scheme in which the firm, known for its class-action lawsuits against companies, gave secret kickbacks to individuals who remained on call to act as lead plaintiffs.” Schulman is reportedly cooperating with federal prosecutors, and “agreed to forfeit $1.85 million in profit, pay a $250,000 fine and accept a prison sentence.” While Schulman could be sentenced to upwards of 20 years, Parrish reports that the sentence is expected to fall within the range of 27-33 months.

Mr. Parrish’s article, entitled “Ex-Partner at Law Firm Pleads Guilty in Kickback Case,” may be found in the October 10, 2007 edition of the New York Times.

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The Associated Press reports that a North Dakota federal court has approved $7 million class action settlement, bringing to a close a 5-year-old class action against CP Rail arising from a January 2002 derailment and chemical spill that “sent a deadly cloud” into the air and killed a man. AP reports that more than 40% of the class action settlement proceeds will go to the plaintiffs’ lawyers, who will get $2.9 million. The three lead plaintiffs will reportedly receive $25,000 each, leaving the estimated 2000 absent class members of the class action to split the remainder (roughly $2000 per class member). Claims must be submitted by November 8, 2007. The class action settlement reportedly will not affect any individual lawsuits filed against CP Rail.

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The Wall Street Journal reports today that Merck has won another trial, bringing to 11 the number of verdicts in its favor against five (5) losses. The latest victory came at the hands of a Florida jury, reportedly the first Vioxx case to go to trial in that state. Thousands of individual and class action lawsuits were filed against Merck after it pulled Vioxx from the market in September 2004, and Merck has argued vigorously for the right to litigate each case on an individual rather than class action basis. In large part, Merck has been successful in defeating class action certification motions. The Journal reports that “Merck also claimed victory in two multibillion-dollar class-action lawsuits, on behalf of shareholders and private insurers seeking to recoup what they paid for Vioxx prescriptions.”

The article, entitled “Florida Circuit Court Rules In Merck’s Favor Over Vioxx,” may be found on page B7 of the October 7, 2007 edition of the Wall Street Journal.

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The Los Angeles Times reports today that CB Richard Ellis Group has agreed to pay upwards of $150,000 per female employee under a class action settlement of a lawsuit alleging sexual harassment. According to the report, the class action complaint alleged that female employees were “subjected to lewd remarks, unwanted groping and sexual propositions by male co-workers,” as well as pornographic material “distributed via email and displayed on office computers.” CB Richard Ellis did not admit any of the class action allegations, but agreed to pay $3.4 million in attorney fees, donate $400,000 to a trade group to “promote the advancement of women in the [commercial real estate brokerage] industry,” and pay from $1,500 to $150,000 to female employees in accordance with a graduated proof plan. According to the Times, female employees can maintain anonymity and still recover $1500 if they prove to an arbitrator that they were subjected to sexual harassment or discrimination. A “second tier” permits female employees to recover up to $15,000 but they must disclose their identity to defense attorneys and CB Richard Ellis would be entitled to submit documents disputing each claim. Women who participate in the top tier may recover up to $150,000 but their claims “would be subject to full arbitration hearings with witnesses.”

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As a resources 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 28 – October 4, 2007, during which time 62 new class action lawsuits were filed in these California state and federal courts. Class actions asserting employment law violations generally lead the list, often by a wide margin, and this past week was no exception. During the time period at issue, 36 of the new class action filings involved labor law claims (58% of the total number of new class action cases). The only other category of class actions to break the 10% threshold involved new antitrust class action filings, which came in a distant second with 9 new class action cases (15%).

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Class Action Certification Motion Granted by Federal Court in California Class Action Attacking Target’s Failure to Permit “Screen-Reading” Software to Work on its Website

Molly Selvin of the Los Angeles Times reports that U.S. District Court Judge Marilyn Hall Patel has granted plaintiffs’ class action certification motion in a California class action against Target challenging the accessibility of the company’s website to the blind. According to Ms. Selvin, the class action complaint alleges that Target’s website violates the federal Americans with Disabilities Act (ADA) as well as California state law because “screen-reading software doesn’t work on parts of its website, essentially making it unusable to blind people.” Plaintiffs sought class action treatment arguing that “Target hasn’t implemented ‘technologically simple and not economically prohibitive’ code into its site that would allow the software to vocalize all [of] the site’s content.” In agreeing that class action treatment was warranted, Judge Patel noted “that this is ‘an age when commerce is increasingly conducted on and through the Internet.’” Target promises to appeal the ruling.

Ms. Selvin’s article, entitled “Suit may spur greater Web access for blind,” may be found in the Business Section of the October 4, 2007 edition of the Los Angeles Times.

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Molly Selvin of the Los Angeles Times reports today that a California federal district court has granted class action status to a lawsuit against Target seeking website accessibility for the blind. The class action complaint alleges that Target has failed to upgrade its website by implementing “technologically simple and not economically prohibitive” code that would allow screen-reading software to vocalize content on the Target website. In certifying the class action, the federal court reportedly noted that this is “an age when commerce is increasingly conducted on and through the Internet.” Ms. Selvin reports that defense attorneys plan to seek appellate review of the district court’s order.

Ms. Selvin’s article, entitled “Suit may spur greater Web access for blind,” may be found in the Business Section of the October 4, 2007 edition of the Los Angeles Times.

Posted In: Class Actions In The News

Following $78.5 Million Jury Verdict in Labor Law Class Action, Pennsylvania Court Awards an Additional $62.3 Million for Wal-Mart’s Withholding of Employee Pay for More than 30 Days

The Associated Press reports that a Pennsylvania court yesterday awarded an additional $62.3 million against Wal-Mart in a labor law class action. The class action resulted in a jury verdict of $78.5 million, but an additional 125,000 members of the class qualified for additional damages because Wal-Mart withheld their pay for more than 30 days. The court rejected the arguments made by Wal-Mart’s class action defense team, and awarded each class member an additional $500 in damages for violating Pennsylvania’s state employment laws. AP reports that this latest setback follows a $172 million damage award in a California class action, and a $50 million settlement of a Colorado class action. Wal-Mart’s defense team is preparing for trial in several other class action lawsuits as well, including Minnesota and New Jersey.

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Michigan State Court Concludes that Residents Living Near Landfill Satisfied Requirements for Certification of Class Action Against Landfill Owners

The Class Action Defense Blog has learned that a Michigan court certified a class action lawsuit brought by residents of Monroe and Wayne counties against Carleton Farms because it “consistently releases noxious odors and interferes with their [quiet] use and enjoy[ment] [of] their properties.” While the landfill has been in use for years, residents claim that the odor problem was exacerbated by the decision of Carleton Farms to accept municipal sewage sludge from Toronto. Interestingly, the Michigan Department of Environmental Quality reportedly has issued the necessary permits to Carleton Farms for an expansion of the landfill, despite complaints from local residents that this makes the problem even worse.

Posted In: Class Actions In The News, Class Actions In The News

Michigan State Court Concludes that Residents Living Near Landfill Satisfied Requirements for Certification of Class Action Against Landfill Owners

The Class Action Defense Blog has learned that a Michigan court certified a class action lawsuit brought by residents of Monroe and Wayne counties against Carleton Farms because it “consistently releases noxious odors and interferes with their [quiet] use and enjoy[ment] [of] their properties.” While the landfill has been in use for years, residents claim that the odor problem was exacerbated by the decision of Carleton Farms to accept municipal sewage sludge from Toronto. Interestingly, the Michigan Department of Environmental Quality reportedly has issued the necessary permits to Carleton Farms for an expansion of the landfill, despite complaints from local residents that this makes the problem even worse.

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In order to assist class action defense attorneys anticipate the cases 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 21 – September 27, 2007, during which time 44 new class action lawsuits were filed in these California state and federal courts. Labor law class action cases generally lead the list by a wide margin, and this proved true yet again as 25 of the new class action filings (57% of the total number of new class actions) alleged employment claims. Class actions under California's unfair competition law, which includes false advertising claims, and new antitrust class action filings came in a distant second with 5 new class action cases each (11%). No other category cracked the 10% threshold.

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As a resource for California 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 14 – September 20, 2007, during which time 48 new class action lawsuits were filed in these California state and federal courts. As is generally the case, employment law class action cases once again led the list of class action filings with 15 new lawsuits, representing 31% of the total number of new class actions, but that percentage is down significantly from its lasgt week, when 62% of the total number of new class actions filed involved labor law claims. Class actions under California's unfair competition law, which includes false advertising claims, came in a distant second with 7 new filings (15%), followed by five (5) new antitrust class action filings (10%).

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Molly Selvin of the Los Angeles Times reports today that class action plaintiff lawyer Melvin Weiss has been indicted “on charges that he participated in a kickback scheme that allegedly netted millions of dollars in illicit legal fees.” The federal indictment comes on the heels of a guilty plea by class action plaintiff lawyer William Lerach, who was once a partner at Milberg Weiss, to charges of criminal conspiracy. The recent indictment added to the criminal charges filed against the law firm of Milberg Weiss and two of its named partners, Steve Schulman and David Bershad, last year. The amended federal indictment also comes on the heels of Schulman’s guilty plea to federal racketeering and conspiracy charges, Ms. Selvin reports. According to the amended indictment, Milberg Weiss paid illegal kickbacks in 225 shareholder class action lawsuits (up from the 150 class actions alleged in the original indictment) and illegally earned $250 million in attorney fees (up from $200 million).

Ms. Selvin’s article, entitled “Law firm founder indicted: Melvyn Weiss is alleged to have participated in a scheme to make secret payment to plaintiffs in class-action cases,” may be found in the Business Section of the September 21, 2007 edition of the Los Angeles Times.

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Nathan Koppel of the Wall Street Journal reports today on the long-anticipated criminal charges leveled against well known class action plaintiff lawyer Melvyn Weiss. The criminal charges are contained in an amendment to the federal indictment handed down last year against the plaintiff class action law firm of Milberg Weiss and two of its named partners, Steven Schulman and David Bershad. The criminal charges against Weiss comes just days after former Milberg Weiss attorney William Lerach, himself a well-known class action plaintiff lawyer, pleaded guilty to federal conspiracy charges, and to the guilty plea of Steve Schulman to federal racketeering and conspiracy charges.

Mr. Koppel’s article, entitled “In Role Reversal, Melvyn Weiss is Indicted: High-Profile Lawyer is Accused of Kickbacks to Class-action Clients,” may be found on page A11 of the September 21, 2007 edition of the wall Street Journal.

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Nathan Koppel of the Wall Street Journal reports today on the guilty plea by leading class action plaintiff lawyer William Lerach to criminal conspiracy charges arising out of illegal kickbacks to plaintiffs in class action shareholder lawsuits. The plea arises from the criminal indictment filed last year against the well known plaintiff class action law firm Milberg Weiss and two of its named partners, Steven Schulman and David Bershad. The guilty plea was announced just days after Lerach resigned from his law firm to reportedly focus on his defense against the as-then uncharged allegations of criminal wrongdoing.

Mr. Koppel’s article, entitled “Investigation of Milberg Lands a Pivotal Figure: Lerach Agrees to plea, Could Go to Prison; gains Forfeited to U.S.,” may be found on page B4 of the September 19, 2007 edition of the wall Street Journal.

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Heather Won Tesoriero of the Wall Street Journal reports today that the State of New York and New York City have filed a lawsuit against Merck seeking tens of millions of dollars for payments made from 1999 through 2004 on Vioxx through Medicaid and a prescription-drug assistance program for the elderly. According to the lawsuit, “Merck tried to distort each negative disclosure about Vioxx. Merck cherry-picked outcomes from its own research, omitting material information that would have communicated Vioxx’s real cardiovascular dangers.” The lawsuit comes on the heels of a significant victory for Merck’s class action defense team, as the New Jersey Supreme Court reversed an order certifying a Vioxx class action against Merck.

Ms. Tesoriero’s article, entitled “New York Sues Merck Over Vioxx,” may be found on page D7 of the September 18, 2007 edition of the Wall Street Journal.

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Securities Fraud Class Action Plaintiff Lawyer William Lerach Reportedly Agrees to Plead Guilty to Conspiracy in Paying Kickbacks to Class Representative

On the heels of our report that William Lerach announced his resignation in order to focus his energies on defending himself against the as-then unannounced criminal charges leveled against him in the wake of the federal court indictment of Milberg Weiss and two of its named partners, Molly Selvin reports today that Lerach that agreed to plead guilty to one count of conspiracy. According to Ms. Selvin’s sources, Lerach faces up to two years in prison and “will pay a fine of several million dollars under the terms of the deal.” However, Lerach reportedly “refused to cooperate with the government in its case against Milberg Weiss.” Barry Meier of the New York Times reports that neither Lerach nor his defense attorney, John Keker, returned telephone calls, and that the U.S. Attorney’s Offices declined to comment on the purported guilty plea.

Molly Selvin’s article entitled, “Top class-action lawyer may plead guilty in kickbacks,” may be found in the Business Section of the September 18, 2007 edition of the Los Angeles Times.

Mr. Meier’s article entitled, “Guilty Plea Is Expected In Kickbacks At Law Firm,” may be found in Section C. of the September 18, 2007 edition of the New York Times.

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In order to assist class action defense attorneys anticipate the type of cases against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 7 – September 13, 2007, during which time 39 new class action lawsuits were filed in these California state and federal courts. Labor law class action cases generally lead the list by a wide margin, and this past week was no exception with almost 2 out of every 3 new class actions falling into this category. In fact, employment class action cases proved to be the only category of cases to meet the 10% threshold. New labor class action cases led the list with 24 new lawsuits, representing 62% of the total number of new class actions filed.

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The Kansas City Business Journal reports that federal judge John Lungstrum has given final approval to a $57 million settlement of an employment discrimination class action against Sprint. The class action, filed in Kansas federal court, alleged that Sprint unlawfully fired nearly 1,700 employees because of their age. The Business Journal reports that the class action plaintiffs charged Sprint with using a computerized performance management system that unfairly singled out employees over 40 for termination. The settlement purportedly allocates approximately $20 million to class counsel.

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 31 – September 6, 2007, during which time 44 new class action lawsuits were filed in these California state and federal courts. Employment law class action cases generally lead the list by a substantial margin, and this proved true once again. New labor class action cases led the list with 19 new lawsuits (6 of which involved claims under the Hotel Service Charge Reform Ordinance, representing 43% of the total number of new class actions filed. While there was a three-way tie for second place, no other category of class action filings came close. Six (6) new class action lawsuits, representing 14% of the new class action cases, were filed alleging violations of (a) California's unfair competition laws, which include false advertising claims, (b) federal securities laws, and (c) federal Truth in Lending Act (TILA).

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Chad Bray of the Wall Street Journal reports today that a federal court has given final approval to settlement of a class action against Merrill Lynch. The lawsuit alleged that Merrill Lynch and its former top technology-stock analyst, Henry Blodget, issued false or misleading research reports regarding Internet-based companies. The settlement reportedly covers 20 separate class action lawsuits filed against Merrill Lynch in federal court.

Mr. Bray’s article, entitled “Merrill Settlement is Approved,” may be found on page C7 of the September 6, 2007 edition of the Wall Street Journal.

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To assist class action defense attorneys anticipate the claims 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 24 – August 30, 2007, during which time 38 new class action lawsuits were filed in these California state and federal courts. New labor law class action cases typically lead the list by a wide margin, and in that regard the new class action filings over the past week are not a surprise. New employment law class action cases again headed the list with 15 new lawsuits, representing 39% of the total number of new class actions filed. No other category came close. New class actions alleging violations of California's unfair competition laws, which include false advertising claims, came in second with 5 new class action complaints (13%), with new antitrust class action lawsuits right behind with 4 new filings (11%).

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Divided California Supreme Court Holds Class Action Arbitration Clause would "Undermine the Vindication of the Employees’ Unwaivable Statutory Rights and would Pose a Serious Obstacle to the Enforcement of the State’s Overtime Laws"

Yesterday, in a 4-3 decision with far-reaching impacts on class action arbitration waivers in California, the Supreme Court essentially held that class action waivers are unenforceable under California law. While the majority opinion claims that it is not condemning all such waivers, the dissent cogently observes that -- for all intents and purposes -- it is the practical effect of the decision. Even more surprising, the Supreme Court held that an arbitration clause in an employment contract was procedurally unconscionable even though the employee had been given a 30-day right to opt out of the arbitration provision without any adverse impact if the employee opposed arbitration. This aspect of the opinion is crucial, because under California law a contract is not unconscionable unless it is both procedurally and substantively unconscionable. Accordingly, if (as the trial court and appellate court held) the 30-day right to opt out of the arbitration aspect of the dispute resolution program meant that the arbitration clause was not procedurally unconscionable, then the arbitration provision would be insulated from attack. The Supreme Court found "an element of procedural unconscionability notwithstanding the opt-out provision," and so it remanded the putative class action to the trial court for a determination of whether the arbitration clause was also substantively unconscionable.

We plan to post an article covering the Supreme Court opinion on Tuesday, September 4, following the Labor Day weekend, but a copy of the opinion may be downloaded here.

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Noted Securities Class Action Lawyer Resigns From Law Firm Reportedly In Exchange For Government Agreement not to Indict Law Firm

Jenny Anderson of The New York Times reports that noted class action plaintiff lawyer William S. Lerach is leaving his law firm in order to focus on the criminal allegations connected with the federal indictment of Milberg Weiss Bershad & Schulman, where he once worked. We have previously reported on the criminal indictment of Milberg Weiss and two of its named partners, David Bershad and Steven Schulman, alleging illegal payments of more than $11 million to individuals who served as class representatives in class actions filed by Milberg Weiss. Bershad pleaded guilty to conspiracy last July, and has agreed to return almost $8 million and to cooperate with prosecutors.

While Lerach has not been indicted, he reportedly is leaving the practice of law “to focus his attention on fighting the allegations against him.” Rumors have been spreading for months that Lerach would be indicted charges that he, too, made such illegal payments. Ms. Anderson’s article quotes Lerach as stating that “These allegations have proven to be personally time-consuming, and I have decided to focus single-mindedly on putting the matter behind me once and for all.”

Ms. Anderson’s article, entitled “Lawyer Quits Firm to Focus on Inquiry,” may be found in Section C of the August 29, 2007 edition of the New York Times.

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Law Seminars International is sponsoring a two-day seminar entitled, "Innovative Strategies for Litigating Class Action Suits." The conference will be held at the Millennium Biltmore Hotel in Los Angeles on November 12 and 13, 2007. The details of the conference, its location and its topics may be found here.

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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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 17 – August 23, 2007. A total of 53 new class action lawsuits were filed in these California state and federal courts were filed during that time period. New class action cases alleging employment law violations frequently top the list by a wide margin, and this was certainly true this past week. Twenty-two (22) new labor law class actions were filed this past week, representing 42% of the total number of class actions filed. No other category came close, and indeed no other category satisfied the 10% threshold. We note, however, that two categories tied for second with only 5 new cases each -- antitrust class actions, and product liability class actions.

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To assist defense attorneys in California predict the type of cases against which they may have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 10 – August 16, 2007, during which time 46 new class action cases were initiated in these California state and federal courts. Generally, class action cases alleging employment law violations top the list, often by a wide margin, and this past week labor law class actions surged from the prior week. While only 9 new labor law class action had been filed for our last report, this past week 20 new class action complaints were filed alleging employment law claims, representing 43% of the total number of new class actions filed last week. New class actions alleging violations of California's unfair competition law (UCL) also saw an increase, with 13 new class action complaints filed (28%). The only other category to meet the 10% threshold involved class actions alleging securities law violations, with 5 new filings (11%).

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The American Conference Institute is sponsoring a two-day seminar on "Defending Fraud Claims in Consumer Class Actions." The conference will be held in New York on October 15 and 16, 2007. The details of the conference, its location and its topics may be found here.

More information about the American Conference Institute may be found at its website: www.americanconference.com.

Posted In: Class Actions In The News

FedEx reports that on August 14, 2007, Judge Susan Illston of the U.S. District Court for the Northern District of California gave final approval to a class action settlement in Satchell v. FedEx Express, a class action that alleged racial discrimination by the company. In part, the terms of the class action settlement require FedEx discontinue its use of a Basic Skills Test (BST), which the company believed necessary to “ensure that customer-facing employees possess the basic skills required for successful job performance”; the class action alleged that the BST acted as a barrier to minority advancement in the company. FedEx further reports that the class action settlement requires payment of roughly $55 million to 23,000 class members, from which will be deducted $15 million in attorney fees and costs.

The company’s summary may be found at news.van.fedex.com/node/3974.

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from August 3 – August 9, 2007. During that time period, 35 new class action cases were initiated in these California state and federal courts. Generally, class action cases alleging employment law violations top the list, often by a wide margin. This past week, however, there was a significant drop in the number of labor law class action filings. New class actions alleging violations of California's unfair competition law (UCL) tied new labor law class action lawsuits, with nine (9) new cases each (26%). No other category cracked the 10% threshold of new class action cases.

Posted In: Class Actions In The News

Posted In: Class Actions In The News

In order to assist California class action defense attorneys anticipate the new class action claims against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 27 – August 2, 2007, during which time 40 new class action cases were initiated in these California state and federal courts. Yet again, new employment class action cases topped the list with 14 new cases, or 35% of the total number of new class action lawsuits filed during the week. Unfair competition law (UCL) class action cases, which include false advertising cases, came in second with 7 new class action lawsuits (18%), followed by 5 new class action alleging antitrust violations (13%).

Posted In: Class Actions In The News

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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 20 – July 26, 2007, during which time 41 new class action cases were initiated in these California state and federal courts. New labor law class action filings again topped the list with 18 new cases, or 44% of the total number of new class action lawsuits filed during the week. Unfair competition law (UCL) class action cases, which include false advertising cases, came in second with 7 new class action lawsuits (17%), followed by 4 new class action alleging securities laws violations (10%).

Posted In: Class Actions In The News

The American Conference Institute is sponsoring a two-day seminar on positioning the class action case for early success. The conference will be held in Phoenix on September 26 and 27, 2007. The details of the conference, its location and its topics may be found here.

More information about the American Conference Institute may be found at its website: www.americanconference.com.

Posted In: Class Actions In The News

To aid class action defense attorneys anticipate the claims 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 13 – July 19, 2007, during which time 36 new class action cases were initiated in these California state and federal courts. New labor law class action filings dropped to thirteen (13) new cases, or 36% of the total number of new class action lawsuits filed during the week. Unfair competition law (UCL) class action cases, which include false advertising cases, came in second with 6 new class action lawsuits (17%), followed closely by 5 new ADA/public accommodation class action claims (14%) and 4 new class action alleging securities laws violations (11%).

Posted In: Class Actions In The News

Enforcement of Class Action Waiver in Cingular’s Mandatory Arbitration Clause Reversed by Washington Supreme Court and Class Action Reinstated because Class Action Waiver was Unconscionable under the Circumstances

A Seattle newspaper reports that the Washington Supreme Court has held that Cingular Wireless cannot enforce a class action waiver as part of an apparently mandatory arbitration clause. As prior articles reveal, class action waivers are frequently part of company-drafted mandatory arbitration provisions. According to the newspaper, Justice Tom Chambers, writing for the Court, held that the class action waiver was “unconscionable” because “it effectively denies large numbers of consumers the protection of Washington’s Consumer Protection Act.” The decision springs from a trial court order that granted a defense motion to dismiss a class action complaint and to compel arbitration based on the class action waiver in a mandatory arbitration clause. In reversing, the Supreme Court opined that a class action “is often the only meaningful type of redress for small but widespread injuries” and concluded that customers were unlikely otherwise to pursue Cingular for the small amount at issue, either in small claims court or in arbitration. Accordingly, the Supreme Court invalidated the class action waiver and reversed the trial court order dismissing the class action complaint.

Posted In: Class Actions In The News

In an effort to assist California class action defense attorneys anticipate the claims against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from July 6 – July 12, 2007. During this past week, 45 new class action lawsuits were filed in these California state and federal courts, of which twenty (20) involved labor law class action claims, representing 44% of the total number of new class action lawsuits filed during the week. Unfair competition law (UCL) class action cases, which include false advertising cases, came in second with 9 new class action lawsuits (20%). The only other category of new class action cases to break the 10% threshold alleged securities laws violations, with 6 new class action filings (13%).

Posted In: Class Actions In The News

To assist California class action defense attorneys anticipate the claims against which they will have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 29 – July 5, 2007, during which time 37 new class action lawsuits were filed in these courts. We repeatedly note that employment-based class action lawsuits usually lead the list of new class action filings by a wide margin, but last week new labor law class actions outstripped all other categories of new class action filings by its widest margin since we began reporting these statistics. This week suggests that the "phenomenon" may prove to be a trend, because out of these 37 new class action lawsuits, 22 (60%) involve employment-related claims. Unfair competition law (UCL) class action cases, which include false advertising cases, came in a distant second with 5 new class action lawsuits (14%), followed closely by 4 new securities class action cases (11%).

Posted In: Class Actions In The News

As a resource to defense attorneys who defend against class action claims 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 22 – June 28, 2007, and during that time 34 new class action lawsuits were filed in these courts. Labor law class action lawsuits usually lead the list of new class action filings, often by a wide margin, but never before, during the period for which we have been providing these statistics, by as wide a margin as this past week. Out of these 34 new class action lawsuits, 21 involved employment-related claims, representing almost 62% of the total number of new class actions for the relevant time period. Unfair competition law (UCL) class action cases, which include false advertising cases, represented the only other category of class actions to break the 10% threshold, with six (6) new class action filings (18%).

Posted In: Class Actions In The News

In order to assist California class action defense attorneys anticipate the claims against which they may have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 15 – June 21, 2007, and during that time 36 new class action lawsuits were filed in these courts. Class actions alleging employment law claims typically lead the list of new filings, and this past week was no exception. In all, sixteen (16) new labor law class action cases were filed in these state and federal courts, representing approximately 44% of the total number of new class actions for the relevant time period. Unfair competition law (UCL) class action cases, which include false advertising cases, dropped from the first-place ranking it had last week to second, with 6 new class action filings (17%). The only other category to meet the 10% threshold involved new securities laws claims, with 4 new cases (11%).

Posted In: Class Actions In The News

To assist defense attorneys who defend class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from June 8 – June 14, 2007, during which time 39 new class action cases were filed in these courts. Unfair competition law (UCL) class action cases, which include false advertising cases, seized the top spot of new weekly class action filings with 14 new cases, representing 36% of the class action cases filed during the week. Employment law claims ran a close second with 13 new class action filings (33%). No other category cracked the 10% threshold.

Posted In: Class Actions In The News

As a resource to California 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This past week, 43 new class action cases were filed in these courts, and after a one-week break labor law class action lawsuits returned to its familiar spot atop the list of new weekly class action filings. This report covers the time period from June 1 – June 7, 2007, during which time 19 new employment-related class action cases (44%) were filed in the California state and federal courts listed above. Surprisingly, no other category cracked the 10% threshold.

Posted In: Class Actions In The News

California class action defense attorneys will face a substantial number of new class action claims based the latest court filings this past week. To allow the class action defense lawyer to anticipate claims against which she or he may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from May 25 – May 31, 2007, and while labor law class action cases have been logging an impressive streak of heading up the list of new class action filings, this past week ADA (Americans with Disabilities Act) class actions claimed the top spot. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 50 class action lawsuits were filed in these California state and federal courts during that time period, of which 17 (34%) new class action suits involve ADA claims. Employment law class action lawsuits came in a close second, with 16 new filings (32%). The third place category consists of six (6) new unfair business practice class action lawsuits, which include claims of false advertising.

Posted In: Class Actions In The News

In a prior article, we reported that the United States District Court for the Southern District of New York had granted plaintiffs’ motion to certify a securities class action against French company Vivendi and two of its individual officers – that article may be found here. The court’s Revised Memorandum Opinion and Order may be found at In re Vivendi Universal, S.A. Sec. Litig., 242 F.R.D. 76 (S.D.N.Y. 2007). A copy of the district court’s revised opinion and order granting class action treatment is provided.

Posted In: Class Actions In The News

As a resource to California 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This past week, only 36 new class action cases were filed in these courts. True to the norm, more labor law class action lawsuits were filed than any other category in the weekly class action filings. This report covers the time period from May 18 – May 24, 2007, during which time 17 new employment-related class action cases (47%) were filed in the California state and federal courts listed above. Four securities fraud class action lawsuits were filed, accounting for 11% of the new class actions. No other category met the 10% threshold.

Posted In: Class Actions In The News

Posted In: Class Actions In The News

To assist California defense attorneys in anticipating the claims against which they may have to defend, 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Labor law class action cases generally top the list, with the “competition” often running a distant second. Yet again, employment-related class action cases topped the list of weekly class action filings. This report covers the time period from May 4 – May 10, 2007, during which time approximately 47 new class action cases were filed in the California state and federal courts listed above. Employment-related class actions accounted for 45% of these cases, with 21 new cases. No other class action category satisfied the 10% threshold for this list.

Posted In: Class Actions In The News

In order to assist California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period of April 27 – May 3, 2007. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 42 class action lawsuits were filed in these California state and federal courts during that time period, of which 20 involved employment law class action claims, which represents approximately 48% of the class actions filed during this time period. The only other category to break the 10% threshold consisted of alleged unfair business practice class actions, which include false advertising claims, with 7 new class action filings (17%).

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period of April 20 – April 26, 2007. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 51 class action lawsuits were filed in these California state and federal courts during that time period, of which 21 involved employment law class action claims, which represents approximately 41% of the class actions filed during this time period. The only other categories to break the 10% threshold consisted of alleged unfair business practice class actions, which include false advertising claims, with 10 new class action filings (20%), and class actions alleging violations of the federal Americans with Disabilities Act (ADA), with 8 new filings (16%).

Posted In: Class Actions In The News

The American Conference Institute is sponsoring a two-day seminar entitled, "Defending Consumer Protection Class Actions." The conference will be held at the Fairmont Hotel in San Francisco on May 21 and 22, 2007. The conference promises to be well worthwhile.

More information about the American Conference Institute may be found at its website: www.americanconference.com.

Posted In: Class Actions In The News

To assist California class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Labor law class action cases generally top the list, and this past week was no exception. This report covers the time period from April 13 – April 19, 2007, during which time there were approximately 35 new class action lawsuits – a relatively low number of new class action filings by California standards. Of these new class actions, labor law class action cases accounted for 40%, with 14 new filings. Unfair competition law (UCL) class action claims, which include false advertising class action cases, were the only other category to meet the 10% threshold involved with 9 new cases (26%).

Posted In: Class Actions In The News

On April 12, 2007, United States District Court Judge Stanley R. Chesler of the District of New Jersey dismissed a securities fraud clas action against Merck, agreeing with defense attorneys that the class action claims are time-barred. The ruling represents yet another victory in Merck’s defense against thousands of class action and individual complaints arising, directly or indirectly, out of its prescription drug Vioxx.

A summary of the district court’s ruling will be posted later in the week.

Posted In: Class Actions In The News

Posted In: Class Actions In The News

To assist California defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Employment law class action cases generally top the list, and this proved true yet again. This report covers the time period from March 30 – April 5, 2007, during which time approximately 53 class action lawsuits were filed in these California state and federal courts. Labor law class action filings accounted for 36% of these cases, with 19 new class action lawsuits. Next came unfair competition law (UCL) claims, which include false advertising class action cases, with 8 new class actions (15%), and class actions under the federal Fair and Accurate Credit Transactions Act (FACTA), also with 8 new filings. The only additional category to break the 10% threshold involved 6 new antitrust class action cases (11%).

Posted In: Class Actions In The News

As a resource to California defense attorneys and to assist them in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Employment law class action cases generally top the list, and this past week was no exception. This report covers the time period from March 23 – March 29, 2007, during which time approximately 51 class action lawsuits were filed in these California state and federal courts. Labor law class action filings accounted for almost 40% of these cases, with 20 new lawsuits (39%). Next came unfair competition law (UCL) claims, which include false advertising class action cases, with 8 new class actions (16%). A group of categories just barely broke the 10% threshold, including 6 new products liability class actions (12%), and 5 new antitrust and 5 new debt collection practices class actions (10%).

Posted In: Class Actions In The News

Defense Victory will aid Merck in Defeating Motions to Certify other Lawsuits as Class Actions in the 265 Pending Class Action Lawsuits Involving Vioxx

Bruce Japsen of the Chicago Tribune reported yesterday that a jury in plaintiff-friendly Madison County has ruled in favor of Merck in a Vioxx case, handing Merck its first win in the Midwest and 10^th defense verdict overall. Japsen notes that Merck “has pledged to defend the Vioxx cases one by one, and has so far had only five defeats.” But the fight is far from over: Merck still faces 265 class action lawsuits in addition to 27,000 individual lawsuits. The risks are substantial: in one of its losses, the jury reportedly awarded the plaintiff more than $20 million.

The Madison County victory is important because it supports Merck’s argument that each case is different and so must be tried on a case by case basis. In the Madison County case, for example, the jury found that Vioxx was not the cause of the heart attack that killed a 5’2” tall, 280-pound 52-year-old woman, whose obesity, high blood pressure and diabetes, along with other health problems, likely contributed to her death. The deceased had used Vioxx for 20 months.

In prior articles, we have noted that Merck removed Vioxx from the market in 2004 because of increased risk of heart attacks and strokes.

Bruce Japsen’s article, entitled “10th win for Merck on Vioxx - Madison County jury gives drug giant 1st Midwest victory,” may be found in the Business Section of the March 28, 2007 edition of the Chicago Tribune.

Posted In: Class Actions In The News

To aid defense attorneys in anticipating the claims against which they may have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Employment law class action cases generally top the list, often by a wide margin, and during the past that was particularly true. This report covers the time period from March 16 – March 22, 2007, during which time approximately 59 class action lawsuits were filed in these California state and federal courts. Labor law class action filings accounted for nearly half, with 27 new lawsuits (46%). The only other categories of cases to break the 10% threshold involved unfair competition law (UCL) claims, which include false advertising class action cases, and securities law claims, each of which had 7 new class action filings (12%).

Posted In: Class Actions In The News

Posted In: Class Actions In The News

To assist California defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Generally, more employment law class action cases are filed than any other category of cases, often leading other class action filings by a wide margin. This week, however, antitrust class action cases seized the top spot, while new labor law class actions fell to second.

This report covers the time period from March 1 – March 8, 2007. Approximately 58 class action lawsuits were filed in these California state and federal courts during that time period, of which 17 (29%) involved federal antitrust claims. There were 14 new employment law class action filings (24%). Claims under the federal Fair Credit Reporting Act (FCRA) came in third with 9 new filings (16%), almost all of which involved claims under the Fair and Accurate Credit Transactions Act (FACTA). The only other category of cases to break the 10% threshold involved unfair competition claims, which include claims for false advertising, with 8 new filings (14%).

Posted In: Class Actions In The News

Trial Court Denies Class Action Certification Motion In Illinois State Court Employment Law Class Action Case Holding that Plaintiffs’ Attorneys Failed to Provide a “Reasonable and Accurate Method of Calculating Damages on a Classwide Basis”

Only a month after the Ninth Circuit upheld certification of a sex discrimination class action against Wal-Mart involving upwards of 2 million class members, see Dukes v. Wal-Mart, Inc., 474 F.3d 1214 (9th Cir. 2007), an Illinois state court has sided with Wal-Mart’s defense attorneys and refused to grant class action status in a labor law cases alleging failure to pay overtime and failing to provide employee breaks. The Chicago Tribune reports that Rock Island County Judge Mark VandeWiele issued a 34-page opinion last Friday, March 9, 2007, denying plaintiff’s motion for class certification. The article quotes the opinion as holding that the plaintiffs “filed to demonstrate the existence of a reasonable and accurate method of calculating damages on a classwide basis.” The ruling is significant for Wal-Mart, particularly in light of substantial adverse jury verdicts in similar cases. In October 2006, a Pennsylvania jury awarded almost $80 million in damages in a rest breaks/overtime class action against Wal-Mart, and in 2005, a California jury awarded more than $170 million in a meal breaks class action against the company.

The news article, entitled “Judge denies Illinois Wal-Mart workers’ class action,” may be found in the Business Section of the March 10, 2007 edition of the Chicago Tribune.

Posted In: Class Actions In The News

To allow class action defense lawyers anticipate claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from February 23 – February 28, 2007, and employment law class action cases held their familiar grip on the top spot in weekly class action filings.

As in the past, we include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 39 class action lawsuits were filed in these California state and federal courts during that time period, of which 12 (31%) involved employment-related claims. New antitrust class action cases came in second with 9 new filings (23%). The only other categories to break the 10% threshold consisted of 5 new unfair competition claims (13%), and 4 new securities laws class action cases (10%)

Posted In: Class Actions In The News

California defense attorneys will be confronted once again by a greater number of employment law class action cases than any other category, though public accommodation/ADA (Americans with Disabilities Act) and antitrust class action lawsuits came close to keeping law labor class actions out of the top spot for a second consecutive week. In an effort to assist the class action defense lawyer in anticipating the claims against which she or he may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe.

This report covers the time period from February 16 – February 22, 2007. Approximately 49 class action lawsuits were filed in these California state and federal courts during that time period. Employment law class action filings typically lead the list of new weekly lawsuits, often by a wide margin. This past week labor law class action cases regained the top spot with 12 new filings (24%). Public accommodation/ADA claims came in second with 9 new lawsuits (18%), with new antitrust class action lawsuits right behind at 8 new cases (16%). The only other category to break the 10% threshold involved federal securities laws class action claims, with 6 new actions (12%).

Posted In: Class Actions In The News

Defense attorneys in California are facing another wave of public accommodation/ADA (Americans with Disabilities Act) class action cases, together with a surprising number of class action lawsuits alleging violations of the federal Fair and Accurate Credit Reporting Act (FACTA). The surge in class action cases falling within these two categories this past week coincide with a dramatic drop in employment law class action claims.

In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Employment law cases routinely lead the list and usually do so by a wide margin, but this past week they fell below the 10% threshold. Instead, class actions alleging public accommodation/ADA claims and FACTA claims easily claimed the top spot.

This report covers the time period from February 9 – February 15, 2007. Approximately 77 class action lawsuits were filed in these California state and federal courts during that time period, of which 21 (27%) involved public accommodation/ADA class action lawsuits, and an equal number involved Fair And Accurate Credit Transactions Act cases. Antitrust class action filings came in a distant third with 9 new cases (12%). The only other category of cases to break the 10% threshold involved securities fraud class actions, with 8 new filings (10%).

Posted In: Class Actions In The News

As is generally the case, class action defense attorneys in California will confront more labor law class action cases than any other category, but the number of class action lawsuits alleging violations of the federal Fair and Accurate Credit Reporting Act (FACTA) continue to surge. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law class action cases routinely lead the list by a wide margin, but recently a wave of class actions alleging violations of FACTA have been filed. This report covers the time period from February 2 – February 8, 2007. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 50 class action lawsuits were filed in these California state and federal courts during that time period, of which 18 (36%) involved employment-related claims. New FACTA class action lawsuits came in second with 12 new filings (24%). The third place category consists of 9 new antitrust claims (18%).

Posted In: Class Actions In The News

On February 5, 2007, San Francisco's sweeping Paid Sick Leave Ordinance ("PSL") will take effect. The PSL Ordinance (Chapter 12W) was approved by 60% of San Francisco voters in the November election. San Francisco employers who do not comply with the PSL Ordinance will face stiff penalties and possible civil lawsuits with attorneys' fees recoverable.

All employers in San Francisco will be required to provide paid sick leave to all full-time, part-time and even temporary employees who work in San Francisco. Under the PSL Ordinance, employees accrue one hour of paid sick leave for every 30 hours worked (about 9 days per year for a full-time, non-exempt employee). Those employed as of February 5, 2007 will begin accruing paid sick leave as of that date. Those employed after February 5, 2007 will begin accruing paid sick leave 90 days into their employment. Employers may cap maximum accruals at 40 hours if they employ fewer than 10 employees and at 72 hours if they employ 10 or more employees. Unlike vacation benefits, paid sick leave does not need to be paid out when employees leave their employers.

Beginning February 5, 2007, employers must post the City's official notice of the PSL Ordinance in a conspicuous location in English, Spanish, Chinese and any other languages spoken by at least 5% of an employer's workforce in San Francisco. Under the PSL Ordinance, paid sick leave may be used to care for family members ("kin care"), which is more broadly defined than California's Labor Code and includes relatives such as siblings and grandparents. In addition, employees who do not have a spouse or registered domestic partner may once a year designate a person for whom the employee may use paid sick leave. Further, unlike current California law, an employee may use the entire amount of their sick leave for kin care.

Continue reading "San Francisco's Paid Sick Leave Ordinance To Take Effect On February 5, 2007" »

Posted In: Class Actions In The News, Employment Law Class Actions

Yet again California class action defense attorneys will face more new employment class action claims than any other category. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law cases routinely lead the list and usually do so by a wide margin. This past week was no exception. This report covers the time period from January 25 – January 31, 2007. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 39 class action lawsuits were filed in these California state and federal courts during that time period, of which 18 (46%) involved labor law claims. The only other category of cases to meet the 10% threshold was public accommodation/ADA class action lawsuits with 5 new cases (13%).

Posted In: Class Actions In The News

Posted In: Class Actions In The News

Peter Loftus of The Wall Street Journal reports today that a New Jersey state appellate court has reversed a lower court ruling dismissing a putative class action against Merck on behalf of people who used Vioxx for at least six (6) weeks but who have not evidenced any medical problems. While the opinion is a setback for the Vioxx defense team, it does not appear to be a "tremendous decision" as viewed by plaintiffs' counsel. The New Jersey appellate court appears to be based on the decision that the trial court dismissed the class action claims "prematurely"; it held only that plaintiffs were entitled to additional discovery in an effort to prove whether they have a valid claim. Merck is reportedly considering whether to seek review in the New Jersey Supreme Court. Alternatively, defense attorneys may decide to let the plaintiffs conduct additional discovery and then renew the motion in the trial court, as there appears to be no medical evidence proving that people who stopped taking Vioxx more than two years ago remain at risk today.

Peter Loftus' article, entitled "New Jersey Appeals Court Revives Proposed Vioxx Class-Action Suit," may be found on page C15 of the January 17, 2007 edition of The Wall Street Journal. A more complete analysis of the case may be found in a separate article posted on this site on January 18, 2007.

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period of from January 11 - January 18, 2007. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 37 class action lawsuits were filed in these California state and federal courts during that time period - excluding the four (4) antitrust class action cases involving transferred into California by the Judicial Panel on Multidistrict Litigation (MDL). Thirteen (13) of the weekly class action filings (35%) alleged employment law violations. Seven (7) of the new class action cases (19%) alleged unfair business practices or violations of California's unfair competition law (UCL). The only other category of cases to break the 10% threshold consisted of alleged violations of the federal Fair and Accurate Credit Transactions Act (FACTA); California class action defense attorneys will face 6 new cases involving that area of law, which represents approximately 16% of the class actions filed during this time period.

Posted In: Class Actions In The News

A state appellate court has ruled that a lower court prematurely dismissed a putative class action against Merck on behalf of people who used Vioxx for at least six (6) weeks but who have not evidenced any medical problems. While the opinion is a setback for the Vioxx defense team, the New Jersey appellate court held only that plaintiffs were entitled to additional discovery in an effort to prove whether they have a valid claim. Merck is reportedly considering whether to seek review in the New Jersey Supreme Court. Alternatively, defense attorneys may decide to let the plaintiffs conduct additional discovery and then renew the motion in the trial court, as there appears to be no medical evidence proving that people who stopped taking Vioxx more than two years ago remain at risk today.

Posted In: Class Actions In The News

Molly Selvin of the Los Angeles Times reports that a jury sitting in Los Angeles federal court awarded $2,500,000 to current and former employees of the Chinese Daily News, the largest Chinese-language newspaper in the United States, for violations of state and federal labor laws. The jury reportedly found that the newspaper failed to pay its employees overtime, or to allow meal and rest periods. Ms. Selvin notes that the class action lawsuit is "part of a wave of litigation that has produced multimillion-dollar settlements and verdicts in recent years." These class action suits typically allege that the employer has misclassified employees "giving them professional or managerial-like job titles to avoid paying overtime."

Molly Selvin's article, entitled "Newspaper Staff Wins Labor Suit," may be found in the Business Section of the January 13, 2007 edition of the Los Angeles Times.

Posted In: Class Actions In The News

Molly Selvin of the Los Angeles Times reports that a jury sitting in Los Angeles federal court awarded $2,500,000 to current and former employees of the Chinese Daily News, the largest Chinese-language newspaper in the United States, for violations of state and federal labor laws. The jury reportedly found that the newspaper failed to pay its employees overtime, or to allow meal and rest periods. Ms. Selvin notes that the class action lawsuit is "part of a wave of litigation that has produced multimillion-dollar settlements and verdicts in recent years." These class action suits typically allege that the employer has misclassified employees "giving them professional or managerial-like job titles to avoid paying overtime."

Molly Selvin's article, entitled "Newspaper Staff Wins Labor Suit," may be found in the Business Section of the January 13, 2007 edition of the Los Angeles Times.

Posted In: Class Actions In The News

Class action defense attorneys in California will again confront more labor law class action cases than any other category, but the number of class action lawsuits alleging violations of the federal Fair and Accurate Credit Reporting Act (FACTA) have surged. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law class action cases routinely lead the list and usually do so by a wide margin, but this past week class actions alleging violations of FACTA ran a close second. This report covers the time period from January 4 – January 11, 2007. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 59 class action lawsuits were filed in these California state and federal courts during that time period, of which 19 (32%) involved employment-related claims. New FACTA class action lawsuits came in second with 18 new filings (31%). The third place category consists of 9 new unfair competition claims (15%), most of which involved alleged price fixing/antitrust violations.

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On January 11, 2007, federal district court judge Marilyn Hall Patel granted class action status to a lawsuit brought against Costco Wholesale on behalf of female employees. The lawsuit alleges that Costco discriminates against women in its promotion practices, and alleges that less than 16% of Costco's general managers are women. The class representatives include two women who worked for Costco more than 20 years, one becoming a warehouse receiving manager and one an assistant manager, and who claim they were passed over for promotion to general manager because of their gender. The lawsuit, Ellis v. Costco Wholesale Corp., N.D. Cal. Case No. C04-3341, was filed in 2004.

Posted In: Class Actions In The News

The American Conference Institute is sponsoring a two-day seminar on defending consumer fraud litigation. The conference will be held in San Francisco on May 21 and 22, 2007, and several class action topics will be on the agenda. The details are still being finalized so information on the conference is not yet available at ACI's website. We will periodically post reminders and updates on the conference, as it promises to be well worthwhile.

More information about the American Conference Institute may be found at its website: www.americanconference.com.

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To aid California class action defense attorneys in anticipating claims against which they may have to defend, each week we provide an unofficial summary of legal categories for class actions 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. This report covers the time period of from December 28, 2006 - January 4, 2007. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 39 class action lawsuits were filed in these California state and federal courts during that time period - excluding the eleven (11) antitrust class action cases involving British Airways et al. transferred into California by the Judicial Panel on Multidistrict Litigation (MDL). Eleven (11) of the weekly class action filings (28%) alleged violations of state and/or federal labor laws. Class action cases alleging violations of California's unfair competition law (UCL) came in second with 6 new class actions (15%). The only other category of cases to break the 10% threshold consisted of alleged violations of the federal Fair and Accurate Credit Transactions Act (FACTA) - class action defense attorneys will face 5 new cases involving that area of law, which represents approximately 13% of the class actions filed during this time period.

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Defense attorneys in California will face a new wave of public accommodation/ADA (Americans with Disabilities Act) class action cases, as employment law class actions – the usual frontrunner in weekly filings – fall to a distant third. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law cases routinely lead the list and usually do so by a wide margin, but this past week class actions alleging public accommodation/Americans with Disabilities Act (ADA) claims easily claimed the top spot. This report covers the time period from December 21 – December 27, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 69 class action lawsuits were filed in these California state and federal courts during that time period, of which 25 (36%) involved public accommodation/ADA class action lawsuits. The area of law with the second most class action filings during that time period involved Fair Credit Reporting Act/Fair And Accurate Credit Transactions Act cases with nine (9) new filings (13%). Employment-related class action claims fell to a distant third, with only eight (8) new lawsuits during that time period (12%).

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DaimlerChrysler ushered in the new year by settling for $14.5 million a class action filed in New Jersey state court. The settlement of the nationwide class action reportedly won court approval on December 26, 2006, bringing to a close Lubitz v. DaimlerChrysler Corp. The class action settlement covers the more than one million people who bought or leased a Jeep Grand Cherokee between 1999 and 2004. The class action complaint alleged that the brakes on Jeep Grand Cherokees were defective, causing them to sustain uneven wear and occasionally fail. In approving the settlement, the court noted that plaintiffs' counsel would have had to overcome substantial obstacles if the case proceeded to trial, particularly with respect to damages as the cause of any problems associated with a vehicle's brakes may be attributable to the individual driving habits of the class members.

The terms of the settlement reportedly call for DaimlerChrysler to repair or replace the brakes on Jeep Grand Cherokees that were purchased or leased between 1999 and 2002, and to inspect the brakes on Jeep Grand Cherokees manufactured in 2003 and 2004. Plaintiffs' counsel requested almost $3 million in attorney fees, but the judge found the request excessive and awarded approximately $2.1 million. Even so, this worked out to a 50% lodestar factor based on hours actually worked.

Several news reports provide greater details on the settlement. One such report, entitled "N.J. Judge OKs $14.5M Settlement in Class Action Over Bad Jeep Brakes," by Mary P. Gallagher of the New Jersey Law Journal, may be found in a December 29, 2006 posting on Law.com.

Posted In: Class Actions In The News

On December 5, 2006, a California state court provisionally certified a nationwide class action against TiVo for purposes of settlement in Nolz v. TiVo, Inc., San Francisco Superior Court Case No. CGC-05-447918. Members of the class action consist of all persons "who purchased or held a Gift Subscription for TiVo services," Order, at 2; the class action complaint alleged, in part, that TiVo sold gift subscriptions that contained expiration dates, in violation of California state law. The trial court gave preliminary approval to the proposed settlement, and set March 16, 2007, as the date for the Fairness Hearing.

Posted In: Class Actions In The News

California Court of Appeal Reports that Decision Reversing in Full Trial Court Judgment Against Bank in Class Action Case has Become Final

The California Court of Appeal for the First Appellate District reported on December 26, 2006 that its decision in Miller v. Bank of America, 144 Cal.App.4th 1301 (Cal.App. 2006), has become final. Miller reversed a billion dollar class action judgment against Bank of America, holding that banks may apply funds from government benefit deposits to cover overdraft fees connected with the same bank account. The Miller decision is summarized in a separate article, and the full text of the opinion may be downloaded from that article.

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period of from December 15 - December 21, 2006. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 41 class action lawsuits were filed in these California state and federal courts during that time period - excluding the 16 antitrust class action cases involving British Airways et al. transferred into California by the Judicial Panel on Multidistrict Litigation (MDL), In re International Air Transp. Surcharge Antitrust Litigation, MDL-1793. Eleven (11) of the weekly class action filings (27%) alleged violations of California's unfair competition law (UCL), many based on antitrust price-fixing claims . An identical number (11) of employment law class action claims were filed. The only other category of cases class action defense attorneys will face that met the 10% threshold consisted of class actions alleging violations of the federal Fair and Accurate Credit Transactions Act (FACTA), with 4 new cases (10%) during this time period.

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period of from December 8 - December 14, 2006. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 43 class action lawsuits were filed in these California state and federal courts during that time period - excluding the dozen antitrust class action cases involving British Airways et al. transferred into California by the Judicial Panel on Multidistrict Litigation (MDL). Sixteen (16) of the weekly class action filings (37%) alleged antitrust price-fixing claims, many of which were filed as violations of California's unfair competition law (UCL). Labor law class action claims, which typically lead the list of new filings, came in second during this time period with 9 new class actions (21%). The only other category of cases to break the 10% threshold consisted of alleged violations of California's Song-Beverly Consumer Protection Act: class action defense attorneys will face 5 new cases involving that area of law, which represents approximately 12% of the class actions filed during this time period.

Posted In: Class Actions In The News

The New York Times reports that Merck's defense team has won another Vioxx case, this time in Alabama state court. The lawsuit, filed by a 57-yearold man, blamed Vioxx for a mild heart attack the man suffered. The defense argued that plaintiff was a high risk for a heart attack because he suffered from "diabetes, high blood pressure, high cholesterol and was overweight." Jurors attributed the defense victory to the fact that the plaintiff "had too many health problems before his heart attack to blame Vioxx." Merck still faces more than 27,000 individual lawsuits involving Vioxx, and hundreds of putative class action lawsuits.

The article, entitled "Merck Wins Suit In Alabama Over The Painkiller Vioxx," may be found in Section C. of the December 16, 2006, edition of the New York Times.

Posted In: Class Actions In The News

John O'Dell of the Los Angeles Times reports that Farmers Insurance has settled a class action lawsuit filed in Southern California that alleged the company required the use of substandard metal replacement parts to repair vehicles damaged in a crash. The settlement reportedly requires Farmers Insurance to pay class members between $20 and $40 for each substandard part used in a vehicle repair, together with $17 million in legal fees.

Mr. O'Dell's article, entitled "Farmers Insurance To Settle Suit Over Repairs," may be found in the Business section of the December 16, 2006, edition of the Los Angeles Times.

Posted In: Class Actions In The News

On December 12, 2006, the Sacramento Superior Court gave final approval to a proposed class action settlement, bringing to a close the defense of a statewide class action against Sutter Health. The class action, reportedly covering hundreds of thousands of uninsured patients over a six-year period, alleged that Sutter Health and its affiliated California hospitals charged excessive prices to uninsured patients – allegations that the defense vehemently denied. Under the settlement, uninsured patients may be entitled to receive 25% to 45% discounts off of their Sutter Health-affiliated hospital bills. The complete terms of the settlement are wide-ranging, covering items such as future discount billing through modified debt collection practices.

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A proposed settlement has been reached in a class action lawsuit against Cigna Corp., filed in 2002 and scheduled to go to trial in March 2007 in the United States District Court in Philadelphia. The lawsuit arose from a computer problem that allegedly cost the company one-third of its customers as a result of major problems in the handling of insurance claims. Cigna allegedly hid the problems from investors, and the stock plunged when word of the computer problems hit the street. Defense attorneys and lawyers for the lead plaintiffs – Pennsylvania State Employees’ Retirement System, the Public Employees’ Retirement System of Mississippi, and the City of Miami General Employees’ and Sanitation Employees’ Retirement Trust – agreed to settle the case for payment of $93 million. The proposed class action settlement requires court approval, and a hearing date has been set for next April before United States District Judge Michael Baylson.

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After 20 Years of Class Action Securities Litigation at Milberg Weiss, Indicted Named Partner Steve Schulman Resigns to Focus on Defense of Criminal Charges

Julie Creswell of the New York Times reported yesterday that class action plaintiff law firm Milberg Weiss Bershad & Schulman suffered a devastating blow last Friday: Steven G. Schulman, indicted in May 2006 for his part in the alleged payment of $11 million to three individuals who served as plaintiffs in more than 150 lawsuits, resigned from the law firm after 20 years of class action securities litigation. Ms. Creswell reports that the firm name now shall be Milberg Weiss & Bershad. David J. Bershad also was indicted in May 2006. A January 2008 trial date has been set.

According to Ms. Creswell, Schulman will continue to represent class action plaintiffs but will be seeking out "new ventures." Schulman reportedly has for some time considered leaving the firm - he has been on a leave of absence since his indictment - and that he plans to "devote time to defending himself against criminal charges."

Julie Creswell's article, entitled "Partner at Law Firm Resigns to Focus on Criminal Charges Against Him," may be round in Section C. of the December 9, 2006, edition of the New York Times.

Posted In: Class Actions In The News

Supreme Court to Address Investment Bank and Institutional Investor Liability in Underwriting IPOs, and Per Se Rule that Resale Price Maintenance Violates Sherman Act

Linda Greenhouse of the New York Times reports that the United States Supreme Court had accepted defense petitions for writs of certiorari in "two important antitrust cases" and that the opinions should clarify areas of law "that have increasingly become unsettled." One of the antitrust cases, Credit Suisse First Boston v. Billing, is closely watched on Wall Street: the class action named more than a dozen banks and investors that participated in underwriting Internet company IPOs in the 1990s. The district court had dismissed the class action on the grounds that the SEC expressly permitted the conduct objected to in the complaint. The Second Circuit Court of Appeals, however, reinstated the class action.

The second class action, Leegin Creative Leather Products v. PSKS, directly challenges a 1911 case that held manufacturers may not require retailers to charge minimum prices for their products without violating the Sherman Act. As Ms. Greenhouse reports, "The case asks the justices to re-evaluate the precedent in light of modern economic theory, and instead to make these arrangements subject to case-by-case analysis under which is known as the rule of reason." In seeking review of the Fifth Circuit Leegin opinion, defense attorneys argued that "the per se rule against resale price maintenance squarely conflicts with this court's modern antitrust jurisprudence" and "[has] no foundation in economic theory."

Linda Greenhouse's article, entitled "Antitrust Policy Ambiguity To Be On Justices' Docket," may be found in Section C. of the December 8, 2006, edition of the New York Times.

Posted In: Class Actions In The News

To allow class action defense lawyers anticipate claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from December 1 – December 7, 2006. Employment law class action cases yet again hold the top spot on the list. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 44 class action lawsuits were filed in these California state and federal courts during that time period, of which 16 involved labor law claims (36%). Antitrust class action filings came in a strong second, with 10 new lawsuits (23%). Class action lawsuits alleging unfair competition, including unfair business practices and false advertising claims, came in third with 9 new class action filings (20%).

Posted In: Class Actions In The News

Julie Creswell of the New York Times reports today on the decision of the United States Court of Appeals for the Second Circuit reversing a district court order certifying a class action against hundreds of Wall Street banks. The 51-page decision concerned a district court order in In re Initial Public Offering Securities Litig., ___ F.3d ___ (2nd Cir. December 6, 2006), granting a motion to certify a class action in "six focus cases out of 310 consolidated class actions, which themselves were consolidations of thousands of separate class actions alleging securities law violations in connection with public offerings." Slip Opn., at 2. Ms. Creswell reports that the class action had been described as "the largest consolidated securities class-action ever" and that "[n]early all firms on Wall Street were touched by the lawsuit." The lawsuit alleged that during the late 1990s, Wall Street banks artificially inflated the share prices of IPOs, realizing huge profits. Ms. Creswell notes that J.P. Morgan Chase recently agreed to pay $425 million to settle the claims against it, and that a proposed settlement awaiting court approval "guaranteed the plaintiffs at least $1 billion in recovery from all of the defendants in the case." Such settlements are generally conditioned on class certification, at least for purposes of settlement, so yesterday's decision could affect that billion-dollar proposal, as well as the J.P. Morgan Chase settlement.

Julie Creswell's article, entitled "Court Rejects Class Action Against Banks," may be found in Section C. of the December 6, 2006 edition of the New York Times. The Second Circuit opinion will be summarized in a separate article.

Posted In: Class Actions In The News

Class Action Alleges Product is "Fake Guacamole" Because it Contains Less than 2% Avocado

Exactly what is "guacamole"? That question lies at the center of a new class action lawsuit filed in California last week against Kraft Foods. The lawsuit alleges that Kraft defrauded customers by marketing a dip as "guacamole" when it contained less than 2% avocado. The author predicts an uphill battle for plaintiff's lawyer, however, in obtaining certification of the lawsuit as a class action. In many ways, the putative class action is similar to the action against tobacco manufacturers for the sale of "light" cigarettes - particularly with respect to the individual questions of fact that will exist, such as whether people buy Kraft guacamole because they liked the way it tastes, not because they believe it contains some undefined "higher" amount of avocado. In a significant difference, the label on Kraft's product apparently discloses the fact at issue in the lawsuit, whereas the labels on "light" cigarettes did not, thereby creating a substantial hurdle as to reliance. According to Los Angeles Times reporter Jerry Hirsch, plaintiff admits that she read the label after tasting the dip "and found there was almost no avocado"; she does not explain why she did not read the label before purchasing the product. Another significant difference is that the lawsuit was filed in state court, and the requirements for class action certification under California law differ from those set forth in Rule 23 of the Federal Rules of Civil Procedure.

Mr. Hirsch reports that plaintiff's lawyer intends to soon file similar class actions against other makers of guacamole. Mr. Hirsch also reports that Kraft states customers knew that the dip is "guacamole-flavored." Jerry Hirsch's article, entitled "Lawsuit stirs up guacamole labeling controversy," may be found in the Business Section of the November 30, 2006 Los Angeles Times.

Posted In: Class Actions In The News

As has been a pattern, class action defense attorneys in California will continue to confront more labor law class action cases than any other category. However, the class action filings have seen another spike in public accommodation/ADA (Americans with Disabilities Act) cases these past two weeks. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law cases routinely lead the list by a wide margin, but class action cases alleging public accommodation/Americans with Disabilities Act (ADA) claims have, with increased frequency, come in at a close second and even occasionally in first.

In light of the Thanksgiving holiday and court holidays, this report covers the time period from November 17 – November 30, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 91 class action lawsuits were filed in these California state and federal courts during that time period, of which 36 (40%) involved employment-related claims. New public accommodation/ADA class action lawsuits came in second with 31 new filings (34%). The third place category consists of 12 new unfair competition claims, which include unfair business practices and false advertising claims (13%).

Posted In: Class Actions In The News

Judge Grants Defense Motion for Attorney Fees Against Plaintiffs' Law Firm Following Successful Defense of Class Action Lawsuit

Floyd Norris of the New York Times reports that federal district court judge Melinda Harmon awarded the defense in an Enron-related class action attorney fees against plaintiff class-action law firm Lerach, Coughlin, Stoia, Geller, Rudman & Robbins for maintaining class action claims against Alliance Capital, a money management firm, after it was apparent that the claims had no merit. The district court awarded the attorney fees under Section 11(e) of the Securities Act of 1933, despite acknowledging the existence of Second Circuit authority that Section 11(e) "was not intended to authorize an award against the parties' attorney." Mr. Norris summarizes the court's reasoning as placing financial responsibility for the sanctions on the class action attorneys because "non-attorney clients more likely than not would not have the ability to determine at what point, based on what evidence, an action becomes legally 'frivolous,' while its licensed counsel should be and is held to such a standard." Defense attorneys are quoted as stating that the court's ruling punishes class action plaintiff lawyers for continuing to pursue "what was clearly an innocent party." The amount of the fees have not yet been set, and Lerach promises to appeal the ruling.

Floyd Norris' article, entitled "In Unusual Ruling, Law Firm is Told to Pay Opponent's Legal Fees in Enron Case,” may be found in Section C. of the December 2, 2006 edition of the New York Times.

Posted In: Class Actions In The News, PSLRA/SLUSA Class Actions

Class Action Defense Attorneys Urged to Advise Clients about FACTA Requirements

The Fair and Accurate Credit Transactions Act (FACTA), enacted by Congress to amend the Fair Credit Reporting Act, will become effective in only a matter of days. FACTA requires that credit card receipts provided to customers be modified so that the credit card number shown on the receipt is truncated and so that the expiration date is omitted. Defense attorneys and in-house counsel are encouraged to ensure compliance with FACTA; the author predicts class action lawsuits will be filed alleging FACTA violations within months of its effective date.

Posted In: Class Actions In The News, FCRA Class Actions

As previously reported, class action plaintiff law firm Milberg Weiss Bershad & Schulman LLP and two of the firm's top partners, David Bershad and Steven Schulman were indicted in mid-May 2006 for paying millions of dollars in kickbacks to clients to serve as plaintiffs. Prosecutors allege that the class action firm paid people to serve as class representatives and recruited people to purchase stock in anticipation that share prices would fall, thereby positioning itself to play a lead role in any subsequent securities fraud class action lawsuits and, concomitantly, realize greater attorney fees. In today's New York Times, Cindy Chang provides additional details, reporting that "The law firm and the partners are accused of making $11.3 million in secret payments to entice people to serve as plaintiffs in more than 150 lawsuits. "

In July 2006, they entered pleas of not guilty in a California federal court. Ms. Chang reports that the trial date now has been set for January 2008, rejecting a request by prosecutors to set the trial for October 2007. While the late trial date permits defense attorneys additional time to prepare a defense for the class action firm, it also means another year of uncertainty for the firm. For example, Milberg Weiss' legal troubles have caused Illinois Cook County Circuit Judge Nancy Arnold to delay approval of a class action settlement involving Boeing until she completes a review of the testimony of the six plaintiffs in the case.

Cindy Chang's article, entitled "Trial of Class-Action Law Firm Is Set for 2008," may be found in Section C. of the November 28, 2006 edition of the New York Times.

Posted In: Class Actions In The News

The New York Times reports on the decision of the United States Supreme Court to let stand the decision of the Illinois Supreme Court that reversed a $10 billion judgment against Philip Morris. The judgment against Philip Morris had been entered in a class action that alleged smokers "were misled about the health risks of 'light' cigarettes." The Illinois Supreme Court reversed the judgment, agreeing with defense attorneys that a statutory exemption for conduct authorized by a governmental regulatory agency applied because "the Federal Trade Commission had endorsed the 'light' and 'low tar' descriptions in settlements with other cigarette makers."

The article, entitled " Justices Let Stand a Decision to Void Big Award Against Philip Morris," may be found in Section C of the November 28, 2006 edition of the New York Times.

Posted In: Class Actions In The News

The Los Angeles Times reports that IBM has reached a tentative agreement to pay $65 million in settlement of a class action lawsuit filed in California federal court that alleged it had improperly denied overtime pay to 32,000 workers. According to the article, "The case involved workers classified as 'technical services professional and information technology specialists.' IBM considered them professionals exempt from overtime laws detailed in the Fair Labor Standards Act and state labor laws." Plaintiff's lawyer argued that the employees at issue "were by no means the decision makers or creative types typically ineligible for overtime." IBM maintains that it seeks settlement of the lawsuit because litigation will be "lengthy, burdensome and expensive."

The article, entitled "IBM settles overtime class action," may be found in the Business Section of the November 23, 2006 Los Angeles Times.

Posted In: Class Actions In The News

Class action defense attorneys in California will continue to confront more labor law class action cases than any other category, but public accommodation/ADA (Americans with Disabilities Act) cases made a strong showing this past week. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law cases routinely lead the list and usually do so by a wide margin, but this past week class actions alleging public accommodation/Americans with Disabilities Act (ADA) claims ran a close second.

This report covers the time period from November 13 – November 16, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 44 class action lawsuits were filed in these California state and federal courts during that time period, of which 15 (34%) involved employment-related claims. New public accommodation/ADA class action lawsuits came in second with 11 new filings (25%). The third place category consists of 7 new unfair competition claims, which include unfair business practices and false advertising claims (16%).

Posted In: Class Actions In The News

Latest Defense Verdict Weighs Heavily Against Class Action Treatment of Vioxx Claims

The verdict is in on Merck's eleventh Vioxx trial, and a Louisiana federal jury agreed with defense attorneys that a Utah bank manager who suffered a heart attack after using Vioxx for almost a year had not established Vioxx caused his injury. Defense attorneys argued that the manager had used the drug for less than one year and had stopped using the drug four days before he suffered his heart attack. Importantly, the federal trial was before U.S. District Court Judge Eldon Fallon, who will ultimately rule on a pending motion to certify a Vioxx class action against Merck. Merck's defense attorneys wisely have argued that each case should be tried individually, and have pressed to have cases tried in advance of any class action determination. The outcome of those cases weighs heavily against class action treatment. The most recent verdict comes in Merck's fourth federal action - Merck's defense team is now ahead three to one in federal court. Judge Fallon has presided over all four federal trials. Merck has tried seven state court actions, winning three, losing three and facing a retrial in the remaining action.

The next federal trial against Merck is scheduled for November 27, 2006; Judge Fallon will again serve as presiding judge. The range of factual differences and the differing focus of the expert testimony across the federal cases may well persuade Judge Fallon that the lawsuits are not suitable for class action treatment.

Posted In: Class Actions In The News

Ameet Sachdev of the Chicago Tribune reports that Cook County Circuit Judge Nancy Arnold has delayed approval of a three-year-old stockholders class action against Boeing because of the federal court indictment handed down against lead plaintiffs' counsel Milberg Weiss Bershad & Schulman. After the settlement had been submitted for her approval, Judge Arnold required that the six named plaintiffs appear in court and testify as to how they became plaintiffs in the case, including when the became Boeing stockholders and the amount of stock that they owned. Sachdev explains that while there is nothing overtly improper about the plaintiffs' behavior, "the judge's suspicions were aroused this summer after one of the plaintiffs' law firms, Milberg Weiss Bershad & Schulman, was indicted on federal charges of paying kickbacks to people to serve as plaintiffs in class-action lawsuits, just weeks before a settlement was proposed in the Boeing case." While the firm and its indicted named partners, Bershad and Schulman, have denied any wrongdoing, one of its clients has pleaded guilty to receiving $2.4 million in kickbacks. Judge Arnold may reject the settlement if she concludes that such misconduct occurred in this case.

Sachdev reports that this is but one more blow to the once-powerful class action plaintiffs law firm. "The fallout from the indictment is being felt in courtrooms around the U.S. In Minnesota, a federal judge removed Milberg Weiss from a leadership role in cases accusing Medtronic Inc. of selling faulty heart devices. [¶] In New York, the state's comptroller fired the firm, which was representing New York's public employee pension fund as lead counsel in a case against pharmaceuticals giant Bayer AG. Ohio's public pension fund also axed Milberg Weiss."

Ameet Sachdev's article, entitled "Milberg case put on hold: Judge orders review of Boeing suit after law firm indicted," may be found in the Business Section of the November 13,. 2006 edition of the Chicago Tribune.

Posted In: Class Actions In The News

Class action defense lawyers continue to face a greater number of labor law class action filings in California than any other category. As frequent visitors know, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from November 3 - November 9, with employment law class action cases retaining their firm grip on the top spot on the class action filings list. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 29 class action lawsuits were filed in these California state and federal courts during that time period, of which 10 (almost 35%) asserted labor law claims. Class action lawsuits alleging unfair competition, including unfair business practices and false advertising claims, again came in a second with 6 new class action filings (21%), with various Consumers Legal Remedies Act violations a close third with 5 new filings (17%). The only other group of class action claims that pass the 10% threshold involved 3 securities fraud filings (10%).

Posted In: Class Actions In The News

Martha Stewart and Martha Stewart Living Omnimedia Defense Attorneys Report $30 Million to Settle Class Action

Several news reports cite reliable sources that the class action against Martha Stewart Living Omnimedia and Martha Stewart has been settled pending court approval. Several lawsuits were filed apparently claiming that Stewart’s misrepresentations concerning her sale of ImClone stock artificially inflated the stock price of Martha Stewart Living. The separate lawsuits eventually were consolidated. News reports place the total settlement at $30 million, of which Martha Stewart personally will pay about $5 million. Insurers are expected to pay about $10 million, with the company – Martha Stewart Living – picking up the tab for the remaining $15 million.

News reports on the anticipated settlement may be found in an article entitled “Stewart Expected To Pay $5 Million To Settle Suit,” in the Business Section of the November 9, 2006 Los Angeles Times, and in an article entitled “Stewart To Pay $5 Million In Settlement Of ImClone Suit,” in the Business Section of the November 9, 2006 Chicago Tribune.

Posted In: Class Actions In The News

To allow class action defense lawyers anticipate claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from October 27 - November 2, 2006, and employment law cases yet again hold a firm grip on the top spot on the list. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 37 class action lawsuits were filed in these California state and federal courts during that time period, of which 17 involved labor law claims (46%). Class action lawsuits alleging unfair competition, including unfair business practices and false advertising claims, came in a distant second with 9 new class action filings (24%). The only other group of class action claims that pass the 10% threshold are four (4) cases alleging fraud (11%).

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period from October 20 - October 26, 2006. We include only those categories that boast 10% or more of the class action filings during the relevant timeframe. Approximately 33 class action lawsuits were filed in these California state and federal courts during that time period, of which 16 involved employment law claims (almost 50%). The category with the second highest number of class action filings involved California’s Unfair Competition Law (UCL) - which includes unfair business practices and false advertising claims - with 9 new filings (27%). The third category of class action cases with more than 10% of the new weekly filings concerned alleged violations of California's Consumers Legal Remedies Act (CLRA): class action defense attorneys will face 5 new cases involving that area of law, which represents approximately 15% of the class actions filed this time period.

Posted In: Class Actions In The News

Class Action Defense Attorneys Urged to Advise Clients about FACTA Requirements

As we previously noted, the Fair and Accurate Credit Transactions Act (FACTA) is scheduled to take effect in December, 2006. Congress requires that credit card receipts provided to customers be modified so that the information contained on them no longer serves as a ready source for credit card fraud or identity theft. Under FACTA, the credit card number shown on the customer copy of the credit card receipt must be truncated and the expiration date must be omitted. Class action defense attorneys are encouraged to be proactive in warning their clients about the statute before the law becomes effective.

Posted In: Class Actions In The News, FCRA Class Actions

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period from October 13 - October 19, 2006. We include only those categories that boast 10% or more of the class action filings during the relevant timeframe. Approximately 46 class action lawsuits were filed in these California state and federal courts during that time period, of which 18 involved employment law claims (almost 40%). Surprisingly, however, class action filings involving California’s Unfair Competition Law (UCL) - which includes unfair business practices and false advertising claims - came in a strong second, with 16 new filings (35%). Half of these UCL claims (8) involved the alleged SRAM price-fixing conspiracy against numerous defendants, including Samsung, Hynix, Micron Technology, IBM, Epson, Hitachi, Sharp, Sony, Fujitsu, Alliance Semiconductor, NEC, and many others.

During this time period, the only other significant group of class action filings involved various securities claims: class action defense attorneys will face 5 new cases involving that area of law, which represents approximately 11% of the class actions filed this time period.

Posted In: Class Actions In The News

Defense Attorneys Plan to Appeal Jury Verdict that Wal-Mart Failed to Provide Employees with Rest Breaks and Overtime, and that Wal-Mart Acted in Bad Faith

The jury is in on a labor law class action on behalf of 187,000 Wal-Mart and Sam’s Club employees brought in Pennsylvania state court. The lawsuit alleged that employees were not provided rest breaks and were required to work “off the clock,” depriving them of overtime pay. The jury awarded $78.5 million in damages, and that figure may be dramatically increased because the jury also found that Wal-Mart acted in bad faith, opening the door to an additional $62 million in damages, according to plaintiffs’ lawyers. The jury agreed with defense attorneys that Wal-Mart had not forced employees to work through meal breaks. Several news sources have reported on the verdict, including Steven Greenhouse of the New York Times and James Covert of the Wall Street Journal.

Continue reading "Pennsylvania Jury Finds Wal-Mart Liable In Employee Overtime/Rest Breaks Class Action Case And Awards $78 Million In Damages Plus Attorney Fees" »

Posted In: Class Actions In The News, Employment Law Class Actions

Reporter Shines Light on Concerns Arising from Standard Defense Provision in Class Action Settlement Agreements that Defendant is not Admitting Liability

David Lazarus of the San Francisco Chronicle questions the standard defense provision in class action settlement agreements that the settlement does not constitute an admission of liability. He focuses on the recent settlement by Wells Fargo Bank in which he reports “it agreed to pay $12.8 million to settle a lawsuit claiming the bank unlawfully exempted as many as 4,500 workers from overtime pay by classifying them as analysts or consultants” but denied any wrongdoing. Mr. Lazarus identifies several other settlements that follow the same pattern. While understandable, any consumer frustration over this standard provision reflects in part unfamiliarity with the costs – financial and otherwise – associated with class action litigation, and fails to recognize that such provisions are standard clauses in virtually all settlement agreements, class action and non-class action.

Mr. Lazarus quoted this author’s observation that one reason defendants deny liability is so that the issue may be litigated in a future proceeding, if necessary. The concern is not that the settlement will “spark a flurry of lawsuits in other states,” but rather that the company will be precluded from obtaining a judicial determination on the merits in a future case. Very few companies blatantly violate the plain language of the law, and all attorneys recognize that the outcome of a trial can never be 100% guaranteed, no matter how strong the case. Rather, many of the legal issues presented in class action and other complex or high-liability cases fall into the “gray” areas of the law. For example, whether a grocery store manager is exempt from overtime often turns on the individual facts of the particular case, see, e.g., Dunbar v. Albertson’s, Inc., 141 Cal.App.4th 1422 (Cal.App. 2006) (refusing to certify class action on behalf of grocery store managers because of individual issues of liability and damages), whether employee commissions are subject to charge-backs or constitute wages turns on the specific facts of each case, see, e.g., Koehl v. Verio, Inc., ___ Cal.App.4th ___, 48 Cal.Rptr.3d 749 (Cal.App. 2006) (holding employer’s program did not violate California law, and awarding damages and attorney fees to employer).

If Albertson’s had settled the class action filed by Dunbar and if Verio had settled the class action filed by Koehl, those cases would have qualified for the list in Mr. Lazarus’s article. They represent concrete examples of why a company does not want to cut-off its right to litigate a future case involving the same issues.

The article by David Lazarus, entitled “They Pay But Deny Any Guilt,” may be found in the Business Section of the October 13, 2006 edition of the San Francisco Chronicle.

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly an unofficial summary of legal categories for class actions 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. This report covers the time period of from October 6 - October 12, 2006. We include only those categories that contain 10% or more of the class action filings during the relevant timeframe. Approximately 44 class action lawsuits were filed in these California state and federal courts during that time period, of which 14 (almost 32%) involved public accommodation actions under the federal Americans with Disabilities Act (ADA). Employment law claims came in second with 11 new filings (25%). The only other category of cases to break the 10% threshold consisted of unfair competition/unfair business practice claims: class action defense attorneys will face 5 new cases involving that area of law, which represents approximately 11% of the class actions filed during this time period.

Posted In: Class Actions In The News

The evidence suggests that the recent wave of public accommodation/ADA class action lawsuits will continue for the foreseeable future. In order to assist class action defense attorneys in California to anticipate the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. At one time, employment law cases routinely headed the list, but an increasing number of class actions alleging public accommodation/Americans with Disabilities Act (ADA) claims have been filed.

This report covers the time period from October 2 – October 5, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 55 class action lawsuits were filed in these California state and federal courts during that time period, of which 29 – almost 53% – involved public accommodation/ADA claims. Coming in at a distant second place, 8 new employment law class actions (15%) were filed during this time period.

Posted In: Class Actions In The News

As a service to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class actions 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. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. This report covers the time period from September 22 – September 26, 2006. Approximately 40 class action lawsuits were filed in these California state and federal courts during that time period, of which 19 (48%) involved employment law claims. Demonstrating the predominance of labor law class actions in California, not a single other category of cases satisfied the 10% threshold requirement to be listed in this report.

Posted In: Class Actions In The News

New York Federal Court Order Certifying Class Action Against Tobacco Companies for Misleading Smokers into Believing that "Light" Cigarettes were Less Harmful Becomes Hot Topic of Discussion

We reported yesterday on the order by United States District Court Judge Jack Weinstein of the Eastern District of New York that certified a massive class action against numerous tobacco companies based on the allegation that the companies intentionally mislead smokers into believing that "light" cigarettes were less harmful than regular cigarettes. As expected, that decision is headline news. While there are undoubtedly countless competent articles on the subject, we believe a few deserve to be singled out. For those interested in reading news articles on the subject rather than the 540-page court opinion, we recommend the following reports.

An article by Wall Street Journal reporter Vanessa O'Connell, entitled, "Tobacco Firms Exposed To New $200 Billion Claim," which may be found on page A3 of the September 26, 2006 edition of the Wall Street Journal.

An article by New York Times reporters David Cay Johnston and Melanie Warner, entitled "Tobacco Makers Lose Key Ruling on Latest Suits," which may be found in Section A of the September 26, 2006 edition of the New York Times, as well as the September 26, 2006 online edition of the New York Times at nytimes.com. The link is <http://www.nytimes.com/2006/09/26/business/26tobacco.html>.

Posted In: Class Actions In The News

Smokers Duped Into Believing that “Light” Cigarettes were Less Harmful New York Court Holds

As anticipated, Judge Jack Weinstein of the United States District Court for the Eastern District of New York issued his ruling this morning on the plaintiffs’ motion to certify a class action against Philip Morris USA, R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co., Ligget Group, American Tobacco Co., Altria Group, and British American Tobacco, in a case that alleged the tobacco companies duped smokers into believing that “light” cigarettes were less harmful to them. Schwab v. Phillip Morris USA, Inc., 449 F.Supp.2d 992 (E.D.N.Y. 2006). The court summarized the theory of the case at page 1018 as follows:

Continue reading "Schwab v. Phillip Morris-Class Action Defense Cases: New York Federal Court Certifies Class Action Against Tobacco Companies For Selling "Light" Cigarettes" »

Posted In: Class Actions In The News, Certification of Class Actions, Class Action Court Decisions

Speculation Mounts as to Whether Class Action Plaintiff Lawyer William Lerach Also will be Indicted

As the class action plaintiff firm Milberg Weiss Bershad & Schulman and two of its partners, David Bershad and Steven Schulman, moves forward, Molly Selvin of the Los Angeles Times reports that the setting of a trial date has been postponed because of the prospect of additional indictments. The federal court reportedly expressed frustration that the government’s 7-year investigation remains ongoing. Selvin also reports that “many observers believe [the additional indictments] could involve William S. Lerach.” The federal court is expected to set a trial date on November 27.

Molly Selvin’s article, entitled “Judge Delays Trial Date for Milberg Weiss Case,” may be found in the Business Section of the September 21, 2006 edition of the Los Angeles Times.

Posted In: Class Actions In The News

Class action defense attorneys in California will be confronting a new wave of public accommodation/ADA (Americans with Disabilities Act) cases, supplanting new labor law class actions by a substantial margin. In an effort to assist class action defense attorneys in anticipating the claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for new class actions 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. Employment law cases routinely lead the list, but this past week showed a startling increase in the overall number of class action filings and the number of class actions alleging public accommodation/Americans with Disabilities Act (ADA) claims.

This report covers the time period from September 15 - September 21, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 71 class action lawsuits were filed in these California state and federal courts during that time period, of which 42 – almost 60% – involved public accommodation/ADA claims. The second place category consists of 14 new employment law class action filings (20%).

Posted In: Class Actions In The News

California class action defense attorneys once again confront more public accommodation lawsuits than employment law claims. In an effort to assist class action defense attorneys to anticipate claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. Thus far, employment law cases have led the list each week since we began making these reports. This week, however, class action complaints involving public accommodation/Americans with Disabilities Act (ADA) cases lead the list. This report covers the time period from September 8 - September 14, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 47 class action lawsuits were filed in these California state and federal courts during that time period, of which 15 involved public accommodation/ADA claims (32%). The second place category consists of 14 new employment law class action filings (30%).

Posted In: Class Actions In The News

Melanie Warner and Colin Moynihan report a New York federal court is considering whether to certify as a class action a federal RICO (Racketeer Influenced Corrupt Organizations Act) lawsuit that alleges tobacco companies “deceived smokers for years about the safety of light cigarettes” by making smokers think that they were “safer or less addicting.” Defense attorneys strenuously opposed the motion, reportedly arguing differences in the reasons people smoke - such as “that many people smoked light cigarettes because they liked the taste, not for health reasons or as part of an attempt to quit smoking” - and differences in the ways people smoked rendered the case unsuitable for treatment as a class action. Warner and Moynihan state that the federal court questioned plaintiffs’ attorneys about the size of the class (which plaintiffs’ lawyers estimate to be in the tens of millions given that the sale of light cigarettes accounts for 45% of the market) and the method by which they estimated damages to be in excess of $20 billion.

While many similar cases have proved unsuccessful, the New York federal judge will be considering the motion in the wake of the detailed 1,600-page opinion last month by District of Columbia federal judge Gladys Kessler, “who found that cigarette companies engaged in decades of fraud and racketeering, including misleading smokers and concealing information about the health risks of light cigarettes.” The article describes Judge Kessler’s opinion as “a searing indictment of conduct by tobacco companies over the last 40 years.”

The article by Melanie Warner and Colin Moynihan, entitled “Judge Weighs New Trial Against Tobacco Companies,” may be found in Section C of the September 14, 2006 edition of the New York Times.

Posted In: Class Actions In The News

Becky Yerak of the Chicago Tribune reports that a federal district court has denied a request to certify a class action of Mississippi policyholders against Allstate Insurance Company arising out of the handling of Hurricane Katrina claims, agreeing with defense attorneys that "each contract is a separate transaction" and that "[t]he storm was vastly different in its effect depending on the specific geographic location of each particular home." Yerak notes that less than a month ago another Mississippi federal court denies a motion for class-action certification in a lawsuit against State Farm Fire & Casualty Company by its policyholders arising out of the Hurricane Katrina claims. Plaintiffs' lawyer in the Allstate case told Yerak that he will seek rehearing of the ruling and then file an appeal.

Becky Yerak's article, entitled "Katrina ruling favors Allstate: No class-action status for Mississippi claims," may be found in the Business section of the September 12, 2006 edition of the Chicago Tribune.

Posted In: Class Actions In The News, Certification of Class Actions, Class Action Court Decisions

As Defections Mount, Class Action Firm Offers Financial Incentives to Retain Lawyers

We have devoted several articles to the trials facing class action plaintiff firm Milberg Weiss Bershad & Schulman, from its federal indictment for allegedly paying millions in kickbacks to clients to serve as class representatives to the continual loss of top attorneys. Now Nathan Koppel of the Wall Street Journal reports that Milberg Weiss has decided to fight defections with a different kind of kickback - bonuses and higher salaries for attorneys who stay with the firm. Koppel reports that almost half of the Milberg Weiss partners have abandoned ship in the wake of the firm’s federal indictment on fraud charges. In addition to the 20 partners who have left (or soon will leave) the firm, about 20 more lawyers have left as well.

Koppel reports that the firm that once had about 110 lawyers and now has about 70 “has promised special bonuses and fatter paychecks for people who stay.” Koppel further reports Weiss has offered partners “a greater share of the firm’s equity or higher salaries” and that the salaries of some partners may double.

Nathan Koppel’s article, entitled “At Milberg Weiss, A Move to Stanch Loss of Top Talent,” may be found on page B1 of the September 9, 2006 online edition of the Wall Street Journal.

Posted In: Class Actions In The News

As a service to class action defense attorneys, we recently began providing unofficial summaries of the categories of new class action lawsuits filed in California. It is our hope that this will permit defense attorneys to anticipate claims against which they may have to defend. This weekly, unofficial summary covers class actions 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. This report covers the time period from September 1 - September 7, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe.

Approximately 22 class action lawsuits were filed in these California state and federal courts during that time period, and employment law cases once again head up the list. Of the weekly filings, more than half involved employment law claims. In all, a dozen of the new class action cases (55%) alleged labor law violations. The only other category of cases to crack the 10% threshold involved unfair business practice/unfair competition (UCL) claims. During the reported time period, five (5) UCL class action lawsuits, accounting for 23% of the new cases, were filed.

Posted In: Class Actions In The News

Illinois Federal Court Gives Defense Latest Victory in Spyware Class Action Lawsuits

Eric Benderoff of the Chicago Tribune reports today that a federal district court has granted a motion to dismiss a putative class action against 180solutions (now known as Zango), and quotes the company’s Chief Compliance Officer as stating, “[Plaintiffs] claimed we were a spyware company and that we trespass on people’s computers. We don’t do that; we are invited on the customer’s computer.” This is but the latest defense victory against such class actions: Benderoff states, “So far, there has not been a successful class-action suit against software firms that are accused of planting unwanted and irritating spyware programs on computers.” However, the article identifies at least one lawsuit where plaintiff’s lawyer “successfully argued that spyware companies were trespassing on personal property” which Benderoff describes as “a tactic lifted from environmental law.” Recent governmental efforts to attack the spyware problem may prove more successful, and Benderoff notes that the Federal Trade Commission “has brought six cases to date under its unfair and deceptive practices authority while the Justice Department has pursued spyware cases using the Wiretap Act.”

Continue reading "Class Action Defense Cases-Federal District Court Grants Motion To Dismiss Putative Class Action Alleging 180Solutions Was A Spyware Company" »

Posted In: Class Actions In The News

Hot on the heels of Julie Creswell’s New York Times article on options backdating comes a report on the costs to shareholders as estimated by a new study expected to be published in the Michigan Law Review next year. That study, according to Eric Dash of the New York Times, was prepared by three University of Michigan researchers and reportedly concludes that while the backdating of stock options increased executive pay by an average of slightly more than 1%, the average decrease in market value was 8%. Put in terms of dollars, Dash reports that the study concludes, “For about $600,000 a year to the executives, shareholders are being put at risk to the tune of $500 million.”

Care should be exercised in reviewing the statistics, however, as Dash reports that the study employs several assumptions and limitations that may not be valid. For example, Dash notes that the study assumes that the stock prices of affected companies “would not recover” - an assumption that appears contrary to information in Ms. Creswell’s article. The study also apparently assumes that the options “were backdated over a 90-day period,” when in fact - as Ms. Creswell’s article explains - many of the options were backdated so long ago that statutes of limitation have run.

Eric Dash’s article, entitled “Report Estimates the Costs Of a Stock Options Scandal,” may be found in Section C. of the September 6, 2006 edition of the New York Times.

Posted In: Class Actions In The News

Plaintiff Lawyers Focus on Derivative Actions Rather than Class Action Lawsuits to Attack Stock Option Backdating Programs

Defense attorneys have expressed surprise at the relatively limited number of class action lawsuits filed in the wake of options-backdating disclosures; Julie Creswell of the New York Times has noticed this, too. In today’s edition of the New York Times, Creswell provides a possible explanation for the dearth of class action filings: “Even when it is clear that options grant dates were manipulated, it is less clear how to calculate damage to specific shareholders. And in many cases, the statute of limitations has expired.”

As a result, plaintiff lawyers have turned to derivative actions to challenge options-backdating programs. Creswell reports that while only 15 securities class action lawsuits challenge stock-option plans, at least 57 derivative actions attacking options-backdating have been filed.

Julie Creswell’s article, entitled “One Route Seems Closed, So Lawyers Try Different Lawsuit in Stock-Option Scandal,” may be round in Section C. of the September 5, 2006, edition of the New York Times.

Posted In: Class Actions In The News

To allow the class action defense lawyer to anticipate claims against which she or he may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from August 25 - August 31, 2006, and employment law cases regained sole possession of the top spot on the list. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 35 class action lawsuits were filed in these California state and federal courts during that time period, of which 16 involved labor law claims (46%). At least ten (10) of the employment law class action filings allege unpaid overtime (63% of the employment law class action filings and 29% overall). The only other group of class action claims that pass the 10% threshold are six (6) cases transferred by the Judicial Panel on Multidistrict Litigation (17%), MDL 06-1791, concerning the warrantless disclosure of customer telecommunications information.

Posted In: Class Actions In The News

Class action plaintiff firm Milberg Weiss Bershad & Schulman LLP and two of the firm's top partners, David Bershad and Steven Schulman - indicted in mid-May 2006 for paying millions of dollars in kickbacks to clients to serve as plaintiffs - continues to top-notch trial lawyers. The latest to leave, according to Julie Creswell of the New York Times, is Patricia Hynes, who joined Milberg Weiss in 1982. Ms. Hynes' decision is particularly intriguing because she moves from representing class action plaintiffs to defense work at Allen & Overy.

Creswell notes, "Milberg Weiss has struggled to keep lawyers, clients and crucial cases after a federal grand jury in Los Angeles indicted the firm and two of its name partners in May on criminal charges involving $11.3 million in illegal secret payments that were made to individuals who served as plaintiffs in more than 150 lawsuits over several years." The exodus has caused Milberg Weiss to close its offices in Boca Raton, Florida and in Washington, and Creswell reports that an office is Delaware will soon follow.

Julie Creswell's article, entitled "Another Prominent Lawyer Departs From Milberg Weiss," may be found in Section C. of today's edition of the New York Times.

Posted In: Class Actions In The News

Peter Prengaman of The Associated Press last night reported that a lawsuit has been filed in California by a company, Global Horizons, claiming that another company, Munger Bros., breached an agreement to hire 600 blueberry pickers so that it could instead hire illegal immigrants from two competing temporary placement agencies, Ayala Agricultural Services and J & A Contractors. Prengaman reports that the complaint is premised on California's unfair competition laws, and quotes the President of Global Horizon as stating that "[the] hiring of illegal immigrants is hurting our business badly." In essence, the complaint seeks to enforce immigration laws. The lawsuit could be a harbinger of things to come, as at least one attorney believes additional lawsuits targeting illegal immigration, on the grounds that competitors realize an unfair advantage from using illegal immigrants, will soon follow.

Posted In: Class Actions In The News

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. Thus far, employment law cases have led the list each week since we began making these reports. This week, however, class action complaints involving public accommodation/Americans with Disabilities Act (ADA) cases lead the list. This report covers the time period from August 11 - August 17, 2006. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 39 class action lawsuits were filed in these California state and federal courts during that time period, of which 19 involved public accommodation/ADA claims (49%). The second place category consists of eight (8) new employment law class action filings (21%).

Posted In: Class Actions In The News

California class action defense attorneys will face a substantial number of new class action claims based on last weeks latest court filings. To allow the class action defense lawyer to anticipate claims against which she or he may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions 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. This report covers the time period from August 4 - August 10, 2006, and while labor law cases once again head up the list, an equal number of ADA (Americans with Disabilities Act) cases were filed. We include only those categories that include 10% or more of the class action filings during the relevant timeframe. Approximately 53 class action lawsuits were filed in these California state and federal courts during that time period, of which 12 involved employment law claims (23%). At least seven (7) of the labor law class action filings allege unpaid overtime (58% of the employment law class action filings and 13% overall). But class action claims under the Americans with Disabilities Act (ADA) tied for first place, also with 12 new lawsuits (23%). The third place category consists of five (5) fair debt collection practices lawsuits brought under state and/or federal law.

Posted In: Class Actions In The News

In a prior article, we summarized the Seventh Circuit opinion in Cooper v. IBM Personal Pension Plan and IBM Corp., ___ F.3d ___ (7th Cir. August 7, 2006). In Cooper, a district court entered judgment in favor of class action plaintiffs, concluding that IBM's pension plan violated ERISA's prohibition against age discrimination, but the Circuit Court agreed with defense attorneys that the plan was not age discriminatory and reversed. Mary Williams Walsh of the New York Times has written an excellent summary of Cooper without the minutia of the statutory language at issue. Ms. Walsh's article, entitled “Court Rules For I.B.M. On Pension,” may be found in Section C. of the August 8, 2006 edition of the New York Times.

Posted In: Class Actions In The News

Federal Court Holds Lawyer’s Failure to Disclose Investigation and Duty Court Owes Transferee Plaintiffs Requires Removal from Plaintiffs’ Steering Committee and Notice to, and Consent of, Lawyer’s Individual Clients

Product liability actions – filed against Medtronic, Inc., concerning its implantable defibrillator – were transferred to a Minnesota federal court by the Multidistrict Litigation (MDL) Panel. Mitchell Breit, a partner in the New York office of Milberg Weiss Bershad & Schulman, was selected to serve on the Plaintiffs’ Steering Committee. Following the indictment of Milberg Weiss, the district court judge sua sponte initiated a telephone conference to discuss Breit’s continued involvement on the committee. In re Medtronic, Inc. Implantable Defibrillator Prod. Liab. Litig., 434 F.Supp.2d 729 (D. Minn. 2006). Lead counsel and Breit requested that he be allowed to continue to serve; the court rejected their pleas “finding that it is in the best interest of the transferee plaintiffs that Mr. Breit and the Milberg Weiss firm be severed from the service” on the committee. Id., at 730.

The federal court reasoned a transferee judge “bears a particularly heavy burden to protect the transferee plaintiffs,” in addition to and separate from the duty attorneys owe their clients. Further, in selecting attorneys to serve on the steering committee, the Court directly investigated the ethics of every lawyer who offered to serve on it: “It asked each attorney seeking appointment to the [steering committee] to submit a letter touching his/her own ethics, and the ethical competence of his/her firm or professional association.” Id., at 730. The court noted with dissatisfaction that Briet’s December 2005 submittal failed to disclose the criminal investigation of the Milberg Weiss firm or its partners, and said nothing of the potential criminal charges until the federal criminal indictment issued. Id. Breit’s May 30, 2005 letter to the Court – sent in response to the Court’s sua sponte inquiry – failed to explain why the criminal investigation “was never disclosed to this Court until the indictment was handed up.” Id., at 731. The district court found this unacceptable, explaining at page 731:

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Posted In: Class Actions In The News, Multidistrict Litigation, Class Action Court Decisions