Action

Williamtown Class Action Against ADF Attracts Financial Backer

Litigation funder IMF Bentham plans to back a class action against the Australian Defence Force over the Williamtown contamination scandal. A firefighting chemical used by the Williamtown RAAF base, 30km north of Newcastle, five years ago has been found to have polluted groundwater and soil at the base and in the surrounding residential area. Now Williamtown residents want to sue the Defence …


Diamond Pet Food, Costco Pay Settlement in Canadian Salmonella Cases in Pets

Diamond Pet Food and Costco have begun paying settlements to Canadian pet owners who say their pets required screening and/or treatment, or the pets died, after they were exposed to Salmonella in 2011 and 2012. A class action lawsuit was filed against Diamond Pet Foods and its distributor, Costco, after pet illnesses and some deaths occurred. While admitting no liability, the companies agreed …


Chanel Beats Proposed Class Action Bid Filed by “Underpaid” Employees

Chanel has scored a major victory in a lawsuit filed against it by a group of employees at its Beverly Hills store. According to the proposed class action suit filed in December 2015 by shipping department employees Cristian Luna, Anthony Hernandez and Javier Delgado, Chanel failed to pay them and others overtime compensation and minimum wage for overtime hours worked in violation of both …


Hyundai Seeks Dismissal of Class Action Over Allegedly “Spontaneously Shattering” Sunroofs

Hyundai Seeks Dismissal of Class Action Over Allegedly “Spontaneously Shattering” Sunroofs A photo of Billy Glenn’s “shattered sunroof,” as a part of the court documents. Hyundai has asked the U.S. District Court of California to dismiss a class action lawsuit brought by vehicles owners who say the automaker’s panoramic sunroofs “spontaneously shatter.” Alabama resident Billy Glenn filed the…


Are Class Actions Good for Investors and Singapore Markets?

Securities Investors Association (Singapore), or SIAS, announced this week that it will not hesitate to take errant companies to court – representing minority investors in class-action suits more commonly seen in jurisdictions like the United States. The association’s announcement begs the question: is such an action a viable alternative for minority investors here seeking…


VW Says Accord With Class Action Plaintiffs to Yield Settlement

Volkswagen said it has reached a framework agreement with class action plaintiffs in U.S. court proceedings on Thursday. The accord with class action plaintiffs will result in “a comprehensive settlement” in coming weeks, Volkswagen (VW) said in an emailed statement published by its Wolfsburg, Germany-based headquarters. The German carmaker and the U.S. Justice Department…


WestJet Responds to Harassment Lawsuit

VANCOUVER — WestJet is rejecting allegations made by a former flight attendant that it fails to provide a harassment-free workplace for its female employees, saying it would not put its reputation at stake by inadequately dealing with complaints. The Calgary-based airline’s response to a civil claim, filed this week in British Columbia Supreme Court, argues against granting class-action status…


Will Fiduciary Rule Spur New Lawsuits Against Advisors?

With the Labor Department’s fiduciary rule finalized, are some advisors now a target for lawsuits? Experts suggest that the threat of litigation – which exists because the rule provides clients with the right to legal action – could push some firms to change business models and spur some advisors to exit the business. “Litigation is one area where firms are particularly…


Defence Lawyers Argue Against Class-Action Certification

A Vancouver Island-based lawsuit against the cold remedy Cold-Fx is a lawyer-manufactured action in search of a victim and not worthy of class-action certification. Or at least that was the argument advanced by lawyers for the drug giant Valeant Pharmaceuticals earlier this month in a New Westminster courtroom. To be certified, an applicant must show the existence of a…


Structuring a Settlement After Asserting Class Members Did Not Suffer Any Concrete Injury

Frequently, a class action complaint will set forth an elaborate theory of why the defendant’s actions were negligent or wrongful, but fall short when trying to identify how that conduct has harmed the class members. This kind of complaint invites a motion to dismiss on the grounds that the plaintiff has failed to demonstrate constitutional standing by identifying a “concrete, particularized,…