Posts Tagged ‘class actions’

Plaintiffs finally drop Subway “footlong” class action

“Plaintiffs in a class action lawsuit brought over Subway’s ‘footlong’ sandwiches have decided to abandon efforts to pursue the litigation,” two months after a Seventh Circuit panel scorchingly criticized a proposed settlement (“utterly worthless… no better than a racket.”) [Jessica Karmasek, Legal NewsLine; our earlier coverage]

Liability roundup

Waivers of class actions against employers

The Supreme Court will resolve a circuit court split on whether employment agreements under which workers agree to “arbitrate disputes with their employers individually, rather than bringing class-action lawsuits collectively with their co-workers, are valid….In an unusual twist, the administration will face off against an independent agency of the federal government, the National Labor Relations Board (NLRB).” [Lawrence Hurley and Robert Iafolla, Reuters, earlier here, here, here, and arbitration generally] Monday was oral argument on the trio of Murphy Oil, Ernst & Young, and Epic Systems [Amy Howe, transcript]

Class action roundup

Food roundup

  • Why manufacturers often push for the government to define food terms like “natural” [Peter Van Doren, Cato]
  • The curse of Prohibition: how government nearly killed the cocktail [Peter Suderman]
  • “Judge tosses class action suits over ‘100 percent grated Parmesan cheese’ label” [ABA Journal] “Food Court Follies: Fraud Suits Fall Apart after Plaintiffs’ Candid Admissions During Discovery” [Glenn Lammi, WLF] “Will a class-action suit really benefit those who bought Starburst [candies] expecting eight-percent fewer calories?” [Baylen Linnekin]
  • Farmers are good at replenishing their flying livestock: “How Capitalism Saved the Bees” [Shawn Regan]
  • “Menu labeling rules have not proven to have a significant effect on the amount of calories people consume” [Charles Hughes, Economics21 on FDA decision to proceed]
  • More reactions to the Seventh Circuit’s caustic ruling (“no better than a racket”) on the Subway footlong settlement [George Leef, Cory Andrews, earlier]

Supreme Court roundup

Sugar in Jelly Bellies? Who knew?

In a lawsuit seeking class action status in California state court, Jessica Gomez alleges that Jelly Belly’s “Sport Beans,” which are touted as containing electrolytes and vitamins, “contain more sugar than she thought,” and that the ingredient list resorted to the euphemism “evaporated cane juice” to describe the sweetener. [John O’Brien and Sara McCleary, Legal Newsline]

Class action: Box set of “all” James Bond films didn’t have all of them

A class action seeks money because a movie compendium whose promotional literature described it as containing “All of the Bond films gathered for the first time in this one-of-a-kind box set” lacked the 1967 David Niven spoof version of Casino Royale and 1983’s Never Say Never Again. The latter is sometimes denied canonical status by Bond-film buffs even though it stars Sean Connery, having been made by a screenwriter who had worked with Ian Fleming “to create the Thunderball story and was given the green light by a London court to make his own film after claiming co-authorship of the characters and elements.” MGM responds that a reasonable consumer would not have been misled because the box set package and its promotion list the films it includes. [Ashley Cullins, Hollywood Reporter]

Podcast on FICALA, the class action reform bill

Andrew Grossman (Baker & Hostetler), longtime friend of this site, and Howard Erichson of Fordham spoke last month to a Federalist Society online audience on pending class action reform proposals, resulting in this podcast. Description:

On Saturday, March 11 the House passed the Fairness in Class Litigation Act by a vote of 220-201. The stated purpose of the Act is to “(1) assure fair and prompt recoveries for class members and multidistrict litigation plaintiffs; (2) diminish abuses in class action and mass tort litigation; and (3) restore the intent of the framers…by ensuring Federal court consideration of interstate controversies of national importance consistent with diversity jurisdiction principles” (H.R.985, 2017).

The Bill amends the federal judicial code’s standards for the certification of class action. For example, the bill requires that proposed class members to show that they suffered the same type and degree of injury. The bill also limits the amount and timing of attorney’s fees in a class action. Attorney’s cannot be paid more than the class members, and they must be paid after the class members receive payment….

Earlier on FICALA here and here.