In re Vivendi Universal, S.A., Securities Litigation
Civil Action No. 02-cv-5571 (RJH/HBP) (S.D.N.Y.)
PLAINTIFFS WIN JURY VERDICT IN SECURITIES FRAUD CLASS ACTION AGAINST VIVENDI
On January 29, 2010, the three month long securities fraud trial against Vivendi Universal, S.A., culminated with a jury verdict finding Vivendi liable for securities fraud on all 57 material misstatements. The Vivendi case is just one of nine securities class actions tried to verdict based on wrongs committed following the passage of the Private Securities Litigation Reform Act in 1995. The Hon. Richard J. Holwell, of the United States District Court for the Southern District of New York, presided over this litigation and the trial. Read More
Wright v. Honeywell International Inc.
Case No. 2008-423 (Vt. Sup. Ct.)
VERMONT SUPREME COURT REVERSES LOWER COURT AND APPROVES CLASS CERTIFICATION
In this indirect purchaser antitrust class action, Plaintiffs alleged that Honeywell, Inc. violated the Vermont Consumer Fraud Act when it engaged in deceptive tactics that created an unlawful monopoly and resulted in overcharges to purchasers of Honeywell's round thermostat. The Vermont Supreme Court reversed the lower court's denial of class certification and cautioned against a lower court's premature determination of the merits. The Vermont Supreme Court opined that such a decision would deny a class of indirect consumers the opportunity to present their case to a jury since, as a practical matter, they would be unable to individually obtain relief for alleged antitrust violations.
Opinion of The Vermont Supreme Court
Friend v. The Hertz Corporation
Case No. R G07344896 (Superior Court of California, County of Alameda)
THE UNITED STATES SUPREME COURT RULES IN HERTZ CORP. v. FRIEND - CREATING A "NERVE CENTER TEST"
On November 10, 2009, the United States Supreme Court heard oral arguments in this case concerning diversity jurisdiction. The question presented involved what was the proper test for determining a corporation's "principal place of business" for purposes of diversity jurisdiction. Read More
Braun and Hummel v. Wal-Mart Stores, Inc.
Case Nos. 3127 and 3757 (Pa. Ct. C.P., Philadelphia Co.)
PENNSYLVANIA PLAINTIFFS OBTAIN SIGNIFICANT JURY VERDICT AND COURT AWARD AGAINST WAL-MART
Plaintiffs in this class action on behalf of 186,000 current and former hourly employees obtained a $78 million jury verdict against Wal-Mart and an express finding that Wal-Mart did not act in good faith in failing to pay class members for missed rest breaks and off the clock work.
On October 3, 2007, Common Pleas Court Judge Mark I. Bernstein ordered Wal-Mart Stores Inc. to pay an additional $62.3 million in statutory damages to 124,506 current and former Pennsylvania employees of the company from 2002 through May 2006 who were not paid when they worked during rest breaks.
On June 1, 2011, in a 211-page Opinion, the Superior Court of Pennsylvania affirmed the $150 million judgment against Wal-Mart, and the three judge panel held that there was sufficient evidence in the record to conclude that Wal-Mart breached its contract with its hourly employees and violated the state's labor laws.
For more information regarding this case please go to the following website: www.walmartpaclassaction.com
Iliadis, et al. v. Wal-Mart Stores, Inc.
Case No. MID-L-5498-02 (N.J. Sup. Ct., Middlesex Co.)
NEW JERSEY SUPREME COURT REVERSE TRIAL COURT AND APPROVE CLASS CERTIFICATION
Abbey Spanier successfully appealed the denial of class action certification by the trial court in the New Jersey Supreme Court. On May 31, 2007, in its first full treatment of the state’s class action rule since 1983, the New Jersey Supreme Court reversed the trial court and directed an entry of an order certifying the class. After class certification and further proceedings, a settlement was reached providing for injunctive relief and the payment by Wal-Mart of up to $28 million. On November 17, 2009, the trial court approved the settlement.
For more information regarding this case please go to the following website: www.walmartnjclassaction.com