Class Action Law Reporter

September 2014

Case in Point

  • Dietary supplement maker will stop ‘rebuilds cartilage’ claims


  • As agencies crack down on mortgage-relief scams, homeowners settle claims against law firm
  • Attorneys say declining securities class action filings only temporary

Verdicts and Settlements

  • Capital One settles TCPA claims
  • Discredited school settles ex-students’ claims
  • Ohio workers’ comp bureau settles employers’ excessive-premium claims
  • Settlement of claims alleging Pure Via sweetener is not ‘all natural’


  • Classwide arbitration availability must be decided by court, not arbitrator
  • CAFA does not apply where attorney general suits specifically disclaim class action


  • Defense: Supreme Court has turned certification from pleading proceeding to proof proceeding
  • Growing use of statistics in FLSA overtime suits
  • Insurers are increasingly being sued for TCPA violations

Certification News

  • Fourth Circuit reverses certification of landowners’ suits seeking royalties from energy companies
  • Court certifies class alleging Olive Garden doesn’t provide rest periods, denies certification of meal-break class
  • California appellate court reverses certification denial of class seeking reimbursement for work-related calls on personal cellphones
  • Certification granted for class alleging homeopathic remedies were sugar pills
  • Court denies certification of business owners suing for lost profits after train derailment

Just Filed

  • Pro soccer players sue FIFA for lack of concussion policies
  • Patients sue Alabama health care system after data breach
  • Consumer class alleges Walmart’s cranberry-pomegranate juice is not predominantly made with those berries
  • Service members sue vehicle shipping contractor after cars disappear
  • Job applicants claim Washington, DC, metro authority discriminates with background checks