Class Action Defense Blog

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).

Posted In: Class Actions In The News

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.

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 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).

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 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).

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 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).

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 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).

Posted In: Class Actions In The News

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.

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 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.

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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 at www.americanconference.com/complexlit.htm or 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%).

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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%).

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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.

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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 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%).

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 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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