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Posts Categorized: Class Actions

Posted: August 14, 2015

Court Rejects Settlement in Class Action Due to Improper Communications by Class Counsel

In In re Am. Express Anti-Steering Rules Antitrust Litigation, 11-MD-2221 (E.D.N.Y. August 4, 2015), Judge Nicholas G. Garaufis took the unusual step of denying a motion for final approval of a negotiated settlement in an antitrust class action on the ground that he was not satisfied that the settlement was “fair, reasonable, and adequate” because... Read more »

Posted: January 11, 2015

Another Commercial Division Rejection of a Class Action Settlement

On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in City Trading Fund v. Nye, 2015 NY Slip Op. 50008(U), refusing to approve a class action settlement. In a decision reminiscent of Justice Schweitzer’s recent decision in Gordon v. Verizon Communications, Inc., 2014 NY Slip Op. 33367(U), the... Read more »

Posted: January 6, 2015

Court Rejects Class Action Settlement

On December 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Gordon v. Verizon Communications, Inc., 2014 NY Slip Op. 33367(U), refusing to approve a settlement of “a putative class action litigation centered on an acquisition by Verizon . . . of a substantial, minority interest in a wireless... Read more »

Posted: November 12, 2014

Class Settlement Providing for a Fee Award to Plaintiff’s Counsel Approved Despite Lack of a Monetary Recovery or any Change in the Terms of the Deal

On October 22, 2014, Justice Friedman of the New York County Commercial Division issued a decision in West Palm Beach Police Pension Fund v. Gottdiener, 2014 NY Slip Op. 32777(U), awarding attorney fees to class counsel. In the underlying action, the plaintiff filed, on behalf of a class of all common stock holders, an action challenging... Read more »

Posted: October 3, 2014

Class Certification Denied for Failure to Submit Evidence Showing Numerosity

On September 5, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Egan v. Telomerase Activation Sciences, Inc., 2014 NY Slip Op. 32416(U), denying a motion for class certification. In Egan, “a putative class action, asserting deceptive acts and practices in the marketing of TA-65, a nutraceutical dietary supplement promoted... Read more »

Posted: July 27, 2014

Class Not Certified When Plaintiff’s Evidence of Class Size is Insufficient

On June 24, 2014, Justice Platkin of the Albany County Commercial Division issued an opinion in Picard v. Bigsbee Enterprises, Inc., 2014 NY Slip Op. 51113(U), denying a motion for class certification for failure to establish numerosity. In Picard, the plaintiff brought a class action “premised on alleged violations of New York Labor Law §... Read more »