In an opinion today, Judge Stein denied a motion to decertify a class action against the dating service “It’s Just Lunch” (see our prior coverage here) and concluded that many of the objections to the class could be solved by modifying the previous class definition so that there was a firm end date for the class period:
Continue Reading Judge Stein: Class Periods Should Have Firm End Dates
Judge Rakoff: Parties’ “Strategic Concerns” Don’t Justify Sealing Settlement Terms
Today, Judge Rakoff rejected an attempt by the parties in the Petrobras securities litigation (see our prior coverage here) to keep parts of the settlement agreement in that case out of the public record. Judge Rakoff had previously rebuffed the parties’ request to keep parts of the settlement agreement confidential, and the parties had
Judge Oetken Refuses to Dismiss Complaint Alleging that Applebee’s Tabletop Tablets Force Patrons to Tip
In an opinion Friday, Judge Oetken refused to dismiss a putative class action brought by Applebee’s patrons who allege that the tabletop computer tablets at the Broadway and Times Square locations force customers to leave a minimum tip of either 15% or 18%, and thereby deceive customers into believing tipping is mandatory, in violation of New York’s consumer protection laws.
The defendants argued (among other things) that the social norm of leaving a tip was grounds to dismiss the case, but Judge Oetken disagreed:
Continue Reading Judge Oetken Refuses to Dismiss Complaint Alleging that Applebee’s Tabletop Tablets Force Patrons to Tip
Judge Pauley Approves Class Rep Whose Brother-in-Law is Class Counsel
In an opinion Wednesday, Judge Pauley ruled that a securities class action plaintiff, Benjamin Gross, could serve in that role notwithstanding that co-lead counsel for the class, Jack Zwick, is his brother-in-law, and notwithstanding that neither promptly disclosed the relationship:
Continue Reading Judge Pauley Approves Class Rep Whose Brother-in-Law is Class Counsel
Judge Preska: Widespread Pirating Makes Music Price Fixing Case Unsuitable for Class Treatment
In an opinion yesterday, Judge Preska refused to certify as a class action a case alleging price fixing in the digital music industry. Among other reasons, she found that widespread pirating would raise “unclean hand” defenses that could not be determined on a classwide basis:
Defendants note that two of the Proposed Class Representatives admitted
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
Judge Pauley Rejects $360 Hourly Fees for “Temporary Associates”
In an opinion last week concerning a class action fee award, Judge Pauley reduced the requested $360 hourly rate for temporary associates at the plaintiff’s law firm, because he concluded they were functionally contract attorneys, who are ordinarily paid less:
Continue Reading Judge Pauley Rejects $360 Hourly Fees for “Temporary Associates”
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 – without further factual support – were not sufficient to survive a motion to dismiss:
Continue Reading Judge Seibel Dismisses Class Action Alleging Too Much Empty Space in Muscle Milk Containers
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
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 space in the packaging known as “slack-fill”:
Continue Reading Makers of Sour Patch Kids Move to Dismiss Case Over Allegedly Under-Filled Boxes