Tag Archives: Class Actions

Judge Caproni Warns Serial Class Objector About Using Local Counsel as Sanctions Shield

In an opinion yesterday, Judge Caproni warned Christopher Bandas, an attorney who serially files class action objections, about his apparent practice of attempting to use local counsel as a shield against sanctions, though she ultimately declined to sanction Mr. Bandas: Bandas’ failure to provide any legitimate support for [the class objection] would be enough to … Continue Reading

Judge Seibel Dismisses Class Action Alleging Too Much Empty Space in Muscle Milk Containers

This week, Judge Seibel dismissed a putative class action against the makers of Muscle Milk and other protein powder products.  The plaintiff alleged that the products were mislabeled under the Food, Drug, and Cosmetic Act, as they contained unnecessary empty space (or “slack fill”) that represented up to 30% of the container’s volume. Judge Seibel found that these allegations alone … Continue Reading

Second Circuit Affirms Judge Forrest’s Dismissal of “Flash Boys” Suit

In an opinion Friday, the Second Circuit affirmed Judge Forrest’s dismissal of a complaint (see our prior coverage here) accusing stock exchanges of improperly allowing high-frequency traders to pay to obtain and trade on market data faster than other investors — the conduct at issue in the Michael Lewis book “Flash Boys.”  The Second Circuit agreed that … Continue Reading

Makers of Sour Patch Kids Move to Dismiss Case Over Allegedly Under-Filled Boxes

This week, Mondelez Global moved to dismiss a putative class action led by a consumer who allegedly bought an under-filled container of Sour Patch Kids candy from a movie theater in Manhattan.  The complaint alleges that the candy’s labeling is misleading, as consumers purchased far less candy than they believed due to large amounts of empty … Continue Reading

Judge Karas Refuses to Dismiss Dog Owner’s Claim to Have Been Duped Over Bacon Content of “Beggin’ Strips”

Last week, Judge Karas denied in part a motion to dismiss a putative class action against Nestle Purina, maker of the “Beggin’ Strips” line of dog treats.  The suit, on behalf of New York consumers who purchased the treats, alleged that Nestle Purina’s advertisements created the impression that bacon was a key ingredient in the … Continue Reading

Gender Dysphoria Class Action Will Proceed to Trial Before Judge Rakoff

Last week, Judge Rakoff held that a class action of transgender individuals challenging the coverage of gender dysphoria treatments under New York’s Medicaid program will proceed to trial.  Specifically, the class challenged the New York Department of Health (“DOH”)’s exclusion of coverage for gender reassignment and hormone therapy for individuals under 18, and a blanket ban on “cosmetic” procedures … Continue Reading

Judge Rakoff Won’t Stay Petrobras Securities Trial, Calls Delay “Bane” of U.S. Legal System

Last week, Judge Rakoff denied a request from the defendants in a group of Petrobras securities cases to stay a September trial date pending the Second Circuit’s consideration of an interlocutory appeal of class certification.  The defendants argued that the Second Circuit appeal was on an expedited schedule, and that significant expense could be saved in the … Continue Reading

NYC Uber Drivers File Labor Class Action, Claiming Employee Status

Today, the New York Taxi Workers Alliance filed a class action complaint on behalf roughly 5,000 New York City Uber drivers against Uber Technologies and its related entities.  The complaint alleges that Uber’s drivers are misclassified as independent contractors and that Uber’s compensation scheme falls far below statutory minimum wage and overtime requirements.… Continue Reading

Class Action Complaint Filed Over Starbucks’ Beverage Sizes

A putative class action filed last week alleges that Starbucks’ espresso beverages contain fewer fluid ounces than advertised due to an alleged company-wide policy of under-filling beverage cups.  According to the complaint, two representative beverages purchased at a Manhattan Starbucks included roughly 15% less volume than advertised.  The proposed class includes all persons or entities … Continue Reading

Second Circuit Rules That District Court Should Have Limited, But Not Excluded Entirely, Damages Expert Testimony in Pfizer Securities Class Action

The Second Circuit today held, in a shareholder class action accusing Pfizer of concealing the cardiovascular risks of two drugs, that Judge Swain should not have excluded entirely the testimony of the plaintiffs’ damages expert — a decision which had effectively ended the case (see our prior posts here and here).  The Second Circuit agreed with Judge … Continue Reading

Judge Torres Dismisses Putative Class Action Against Trump Model Management

Yesterday, Judge Torres dismissed a putative class action of foreign models against Trump Model Management and two of its officers.  The models brought claims under the FLSA, the Immigration  and Nationality Act (INA), and RICO, alleging that Trump Model Management had recruited them to come to the United States on H-1B visas but then underpaid … Continue Reading

Judge Oetken Denies Motion to Dismiss Securities Case Accusing Och-Ziff of Incomplete Statements Regarding Government Investigations

In an opinion today, Judge Oetken allowed portions of securities class action against the asset management firm Och-Ziff Capital Management to proceed past a motion to dismiss.  Och-Ziff had said in a series of public filings: “We are not currently subject to any pending regulatory, administrative or arbitration proceedings that we expect to have a … Continue Reading

Judge Koeltl: Movie Studio Had No Duty to Disclose “Wells” Notices Regarding Control Fight With Carl Icahn

In an opinion Friday, Judge Koeltl dismissed a shareholder class action against the movie studio Lions Gate.  The case concerned how the company disclosed an SEC enforcement action over how Lions Gate handled various transactions designed to ward off efforts by investor Carl Icahn for control.  The SEC action was ultimately settled for $7.5 million, and the … Continue Reading

Judge Sweet Grants Sanctions Motion Against City and NYPD for Spoliation of Evidence in Summons Quota Class Action

Yesterday, Judge Sweet granted in part a motion for sanctions against the City of New York and the NYPD for spoliation of evidence in a class action over the NYPD’s alleged quotas for issuing summonses even when the officers lacked probable cause.  Judge Sweet found that the City failed to implement and maintain a litigation … Continue Reading

Judge Abrams Dismisses Contract Attorney Overtime Claims Against Quinn Emanuel

Yesterday, Judge Abrams granted Quinn Emanuel’s motion for summary judgment and dismissed overtime claims brought by a purported class of contract attorneys.  The plaintiff, hired by a third-party staffing firm that provided contract attorneys for Quinn Emanuel’s document review projects, argued that he was entitled to overtime under the Fair Labor Standards Act and New … Continue Reading

Judge Sweet Won’t Unseal 850,000 Criminal Court Records in Summons Quota Class Action Against NYPD

Judge Sweet denied last week the City of New York’s request to unseal 850,000 criminal court records for putative class members in a civil rights class action against the City.  The complaint, originally filed in 2010, alleges that the City of New York and the NYPD violated the class members’ civil rights by requiring officers to meet … Continue Reading

Judge Forrest: Defendant’s “Unconditional Surrender” to Named Plaintiff Moots Class Action

In an opinion yesterday, Judge Forrest allowed a defendant in a putative class action concerning debt collection to submit to a judgment in the plaintiff’s favor, and moot the entire case: Defendant has now offered judgment referencing “unconditional surrender” and affording complete relief to plaintiff. Accordingly, judgment shall be entered against defendant under Rule 68. … Continue Reading

Judge Engelmayer Denies Class Certification for Medical Record Copying Claims, But “Stands Ready” to Approve Narrower Class

Judge Engelmayer denied yesterday a motion for class certification against a medical records copying firm accused of charging a price beyond the statutory limit.  HealthPort Technologies, LLC retrieved and photocopied patient records at the rate of 75 cents per page (the statutory limit set by New York Public Health Law § 18 for recovering “costs incurred”) but … Continue Reading

Goldman Sachs Seeks Summary Judgment in Securities Class Action Over CDOs Allegedly Designed to Fail

Goldman Sachs today moved for summary judgment in a shareholder class action (covered previously here) accusing the firm of making various public statements about its business practices that were allegedly fraudulent in light of Goldman allegedly later structuring CDOs to fail. For one of those CDOs, called ABACUS, Goldman settled with the SEC for $550 … Continue Reading

City in Iowa Brings Class Action Alleging that “Flushable” Wipes Are Not Flushable At All

In a class action filed Monday, the city of Perry, Iowa alleges that “flushable” wipes are not flushable, and in reality are harmful to local sewer systems: In order to maintain “wet strength,” and despite the Defendants’ claims otherwise, flushable wipes do not degrade after flushing. Rather, once in the sewer system, they ultimately wrap around structures within … Continue Reading

SDNY Blog Returns as Steptoe Blog

The SDNY Blog is relaunching as a publication of Steptoe & Johnson LLP.  We expect to post several times a week on decisions and other developments in the Southern District of New York.  You can find us right here at www.sdnyblog.com, or follow us on Twitter or Facebook. Here’s a quick summary of what’s been happening in the Southern … Continue Reading
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