Category Archive: Class Action

Jun 30

Supreme Court To Address Use of Statistics For Class Action Certification

The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits.  The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis.  Individual damage issues can defeat class certification where those issues …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/

Mar 02

Anti-poaching settlement approved at $425 million

U.S. District Judge Lucy H. Koh has blessed a $415 million settlement in the antitrust class action suit against Apple Inc., Google Inc. and others.  The defendants were accused of illegally agreeing not to poach each other’s software engineers.  A prior settlement deal at $325 million was rejected by the Court as insufficient.

Permanent link to this article: http://betweenthenumbers.net/2015/03/anti-poaching-settlement-approved-at-425-million/

Aug 29

Three Strikes, Damages Out in Recent CA Class Certification

Jones v. ConAgra Foods, Inc. is a recent case that demonstrates the damages-based hurdles to obtaining class certification.  Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages. Because of this failure, Judge Breyer denied class certification. The case involved …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/three-strikes-damages-out-in-recent-ca-class-certification/

Aug 27

Lack of Receipts Sinks Class Action Certification

The Northern District of California recently denied class certification related to claims of improper marketing and advertising of Fresh Step cat litter (In Re Clorox Consumer Litigation, Case No. 12-00280-SC (N.D. Cal. July 28, 2014) (ECF No. 129)). One of the reasons was a failure to establish a class that was sufficiently ascertainable, as plaintiffs …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/lack-of-receipts-sinks-class-action-certification/

Apr 15

Cautionary Language is Key in Securities Litigation Dismissal

Investor claims were recently dismissed by a California district court against Mellanox Technologies Ltd. (“Mellanox”) for allegedly providing false or misleading statements related to the company’s prominence in the interconnect market and its prospects for future growth and revenue generation.  The Court found that Mellanox had adequately cautioned investors regarding the risks associated with the …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/cautionary-language-is-key-in-securities-litigation-dismissal/

Apr 04

College Football Players Get Employee Status

The National Labor Relations Board (“NLRB”) regional director Peter Sung Ohr recently ruled that a group of Northwestern University football players on scholarship are properly classified as employees of the university and thereby have rights to unionize and engage in collective bargaining. The NLRB relied upon the common law definition of an employee and was …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/9133/

Feb 07

Is Uber a Connectivity App or an Employer?

Uber identifies itself as a tech company which developed an app to connect livery car drivers with a network of registered users in need of rides.  Whenever a connection is made and a service is provided, Uber collects a 20% fee. However, some fail to see the difference between Uber and a cab company in …

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Permanent link to this article: http://betweenthenumbers.net/2014/02/is-uber-a-connectivity-app-or-an-employer/

Jan 27

$765 Million Settlement Not Enough!

A recent article by Case Funding Inc., indicated that Judge Anita Body had questions about the adequacy of the $765 million settlement between the NFL and NFL players.  The settlement relates to mild traumatic brain injuries (mTBI) that NFL players have suffered or may suffer in the future as a result of their NFL careers. …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/765-million-settlement-not-enough/

Dec 17

Ernst & Young gets settlement deal of the decade

E&Y just settled the Lehman Brothers class action against them for $99 million. It made little news. The 2008 Lehman Brothers bankruptcy was at least partially caused by accounting malfeasance. This article describes the bankruptcy examiner’s report on this wrongdoing. Arthur Andersen was entirely destroyed for a bad audit of Enron that was no worse …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/ernst-young-gets-settlement-deal-of-the-decade/

Nov 14

Google Prevails in Copyright Infringement Lawsuit Against Google Books

After an eight year class action copyright infringement battle in and out of court, Google won the right to continue its Google Books project to digitize books. According to Judge Denny Chin’s November 14, 2013 Ruling, to date, Google digitized, indexed, and made available for search more than 20 million books. Even though many of …

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Permanent link to this article: http://betweenthenumbers.net/2013/11/google-prevails-in-copyright-lawsuit-against-google-books/

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