Litigation

Competitive Enterprise Institute et al. v. EPA

The Competitive Enterprise Institute, the Domestic Energy Producers Alliance, and four individuals — in conjunction with several states and other private parties — are challenging…

Litigation

CEI v. NHTSA

Pursuant to the Energy Policy and Conservation Act, 49 U.S.C. § 32909, the  Clean Air Act § 307(b)(1), 42 U.S.C. § 7607(b)(1), Section 702 of…

Energy and Environment

Litigation

Berni v. Barilla

  • Court Level: District

Class member and CCAF attorney Adam Schulman objected to settlement approval and class certification in Berni v. Barilla. The legal claim involves whether Barilla’s cardboard…

Law and Litigation

Litigation

Evangelista v. Duggan

  • H044087
  • Court Level: State

Nationwide, 85 percent of all public merger transactions valued at more than $100 million faced litigation in the first ten months of 2017. In the…

Litigation

Frank v. Gaos

  • 17-961
  • Court Level: Supreme Court

On October 31, 2018, the U.S. Supreme Court will hear oral argument in the case Frank v. Gaos. On appeal from the Ninth Circuit, this case…

Class Action Fairness

Litigation

Farrell v. Bank of America, N.A.

  • 3:16-cv-00492-L-WVG
  • Court Level: District

In this class action plaintiffs alleged that the extended overdrawn balance charges that Bank of America, N.A. charged on consumer checking accounts violated the usury…

Class Action Fairness

Litigation

CEI v. Department of State

  • 18-276
  • Court Level: District

The Competitive Enterprise Institute filed a lawsuit against the U.S. Department of State to force it to comply with four Freedom of Information Act (FOIA)…

Litigation

Anthem, Inc. Data Breach Litigation

  • 5:15-MD-02617-LH (N.D. Cal.)
  • Court Level: District

This class action relates to a data breach of Anthem’s computer system containing personal information of 78.8 million people, with a claims-made settlement that proposes…

Class Action Fairness

Litigation

CEI v. FCC

  • Court Level: Appellate

After nearly a year and a half without response from the agency, the Competitive Enterprise Institute is representing individuals taking the Federal Communications Commission to…

Tech and Telecom

Litigation

CEI v. DOJ (Loretta Lynch/Elizabeth Carlisle)

  • 17-2076
  • Court Level: District

The Competitive Enterprise Institute sued the Department of Justice for emails from former Attorney General Loretta Lynch’s alias email address that used the name “Elizabeth…

CEI Litigation

Litigation

CEI v. State Department

  • No. 17-2032
  • Court Level: District

In September 2017, in response to mounting information about the role of outside influence in developing the controversial Paris climate treaty, CEI submitted a Freedom…

CEI Litigation

Litigation

Ma v. Harmless Harvest, Inc.

  • 16-cv-7102
  • Court Level: District

Class member and CCAF attorney Anna St. John objected to settlement approval, class certification, and the request for attorneys’ fees in Ma v. Harmless Harvest, Inc. The…

CEI Litigation

Litigation

Carlyle v. Akorn, Inc. et al.

  • No. 17-cv-4455
  • Court Level: District

Last year the Center for Class Action Fairness (CCAF) and CEI won an appellate victory over the self-serving Walgreens shareholder settlement, where the Seventh…

CEI Litigation

Litigation

CEI v. Department of Justice

  • Civil Action No. 17-1771
  • Court Level: District

The Competitive Enterprise Institute (CEI) sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA) on August 30, 2017, seeking documents behind…

CEI Litigation

Litigation

Knapp v. Art.com Inc.

  • 3:16-cv-00768-WHO
  • Court Level: District

In this class action, plaintiffs allege that Art.com violated consumer protection laws and committed unlawful business practices by offering items on “sale” but at prices…

CEI Litigation

Litigation

Campbell v. Facebook, Inc.

  • 17-16873
  • Court Level: Appellate

CEI’s Center for Class Action Fairness objected to a cynical class action settlement in Campbell v. Facebook, Inc. This class action arose from Facebook’s…

CEI Litigation

Litigation

Kumar v. Salov North America Corp., et al.

  • Case No. 4:14-cv-02411-YGR
  • Court Level: District

On May 2, 2017, CEI’s Center for Class Action Fairness (CCAF) filed an objection on behalf of a class member to the proposed settlement in Kumar v.

CEI Litigation

Litigation

Birbrower v. Quorn Foods, Inc.

  • Case No. 2:16-cv-01326-DMG (AJW)
  • Court Level: District

The CEI’s Center for Class Action Fairness (CCAF) represents an objector to a settlement over allegedly mislabeled food that proposes to pay class counsel over…

Class Action Fairness

Litigation

Adams v. USAA

  • 16-3382 & 16-3482 (8th Cir.)
  • Court Level: Appellate

The Center of Class Action Fairness (CCAF) was appointed as a special amicus curiae to defend the judgement of the U.S. District Court for the…

Class Action Fairness

Litigation

Saska v. Metropolitan Museum of Art

  • 650775/2013
  • Court Level: Trial

Class member and CCAF attorney Anna St. John objected to settlement approval, class certification, and the request for attorneys’ fees in Saska v. Metropolitan Museum…

Class Action Fairness

Litigation

Allen v. Similasan Corp.

  • 12-cv-0376
  • Court Level: District

CEI’s Center for Class Action Fairness (CCAF) filed an objection on July 1, 2016, to the proposed settlement in Allen v. Similasan, which proposed to…

Class Action Fairness

Litigation

CEI v. DOT

  • No. 16-1128
  • Court Level: Appellate

CEI, the Consumer Advocates for Smoke-free Alternatives Association (CASAA), and former CEI employee Gordon Cummings today filed a lawsuit in April 2016 challenging a U.S.

CEI Litigation

Litigation

Rougvie v. Ascena Retail Group

  • 15-cv-724
  • Court Level: District

On July 29, 2016 the U.S. District Court for the Eastern District of Pennsylvania ruled in Ascena v. Rougvie that the $14 million fee request by…

Class Action Fairness

Litigation

Jane Doe v. Twitter

  • Case No. CGC-10-503630
  • Court Level: State

The Center for Class Action Fairness represented objectors to settlement with twitter concerning data privacy. The settlement consisted only of cy pres money to a…

Class Action Fairness

Litigation

Horner and CEI v. GMU

  • CL-15-4712-2

George Mason University (GMU) faculty claimed “no records” existed in response to a Competitive Enterprise Institute (CEI) FOIA request regarding the involvement of Professor Ed…

CEI Litigation

Litigation

CEI v. United States Department of State

  • F-2015-5043, F-2015-5069, F-2015-05781

On April 2015, CEI filed a Freedom of Information Act lawsuit against the State Department as part of its inquiry into the development of a…

Litigation

CEI Challenges TSA Body Scanner Policy

  • No. 15-1224
  • Court Level: Appellate

On July 15, 2015, the Competitive Enterprise Institute filed a lawsuit against the Transportation Security Administration (TSA) for violating the law by deploying body scanners…

Transportation

Litigation

True v. American Honda Motor Company

  • 749 F. Supp. 2d 1052 (C.D. Cal. 2010).
  • Court Level: District

The Center for Class Action Fariness’s client objected to this settlement over fuel-economy advertising because plaintiffs’ lawyers sought nearly $3M for themselves and merely coupons…

Class Action Fairness

Litigation

TD Ameritrade Accountholder Litigation

  • 266 F.R.D. 418 (N.D. Cal. 2009)
  • Court Level: District

In this settlement over a data security breach, plaintiffs’ lawyers were seeking $1.87M for themselves and only vouchers for the class: the district court upheld…

Class Action Fairness

Litigation

Sobel v. Hertz Corporation

  • No. 3:06-CV-00545-LRH-RAM, 2011 U.S. Dist. LEXIS 68984 (D. Nev. Jun. 27, 2011)
  • Court Level: District

The Center’s client objected to this settlement over car rental fees wherein plaintiffs’ lawyers sought $1.5M for themselves but only coupons for the class; the…

Class Action Fairness

Litigation

Lonardo v. Travelers Indemnity Company

  • 706 F. Supp. 2d 766 (N.D. Ohio 2010)
  • Court Level: District

In this settlement over insurance pricing, the Center’s client objected that plaintiffs’ lawyers sought $6.6M when the class would only receive $2.8M; in response, the…

Class Action Fairness

Litigation

Classmates.com Consolidated Litigation

  • No. 09-cv-0045-RAJ, 2012 U.S. Dist. LEXIS 83480 (W.D. Wash Jun. 15, 2012)
  • Court Level: District

The Center’s client objected to a settlement over deceptive advertising that promised over $1M to plaintiffs’ lawyers and about $100,000 to the class. The court…

Class Action Fairness

Litigation

Robert F. Booth Trust v. Crowley

  • 687 F.3d 314 (7th Cir. 2012)
  • Court Level: Appellate

The Center objected to this shareholder-derivative settlement offering no value to shareholders and $925,000 to plaintiffs’ lawyers. The district court denied the Center’s motion to intervene,…

Class Action Fairness

Litigation

Nachshin v. AOL, LLC

  • 663 F.3d 1034 (9th Cir. 2011)
  • Court Level: Appellate

This settlement over email advertising inappropriately channeled settlement funds to third parties unrelated to the class. The Ninth Circuit sustained the Center’s objection and reversed…

Class Action Fairness

Litigation

Dewey v. Volkswagen AG

  • 681 F.3d 170 (3d Cir. 2012)
  • Court Level: Appellate

Settling a lawsuit over leaky automobile roofs, plaintiffs’ lawyers sought $22.5M for themselves and $8M in reimbursements for the class, while also excluding certain class members from their…

Litigation

Jackson v. Wells Fargo Bank N.A.

  • No. 2:12-cv-01262-DSC (W.D. Pa.)
  • Court Level: District

The Center represents a homeowner objecting to a settlement of claims alleging that Wells Fargo received kickbacks on flood hazard determination fees charged to mortgagors.

Litigation

In re Google Referrer Header Privacy Litigation

  • No. 15-15858 (9th Cir.), appeal from No. 10-cv-04809-EJD (N.D. Cal.)
  • Court Level: Appellate

In the original case, Gaos v. Google, plaintiffs sued Google seeking trillions of dollars in statutory damages for alleged federal privacy violations over their search…

CEI Litigation

Litigation

Berry v. LexisNexis

  • No. 14-2006 (4th Cir.), appeal from 11-cv-754 (JRS) (E.D. Va.)
  • Court Level: Appellate

CEI appealed the district court’s approval of a settlement over data marketing practices, from which class members cannot even opt out, and under which class…

Class Action Fairness

Litigation

Frank v. Poertner

  • Court Level: Appellate

CCAF objected in Poertner v. Gillette Co., a settlement of consumer fraud claims over Duracell batteries where the attorneys received $5.7 million and the class…

CEI Litigation

Litigation

Southwest Airlines Voucher Litigation

  • No. 13-3264, 799 F. 3d 701 (7th Cir. 2015), appeal from No. 11-cv-8176 (N.D. Ill.)
  • Court Level: District

The Center’s client objected to a settlement over Southwest drink coupons given to “Business Select” passengers as a perk. Thanks to the Center’s involvement in…

Class Action Fairness

Litigation

Fraley v. Facebook

  • No.14-15595 (9th Cir.), appeal from No. 11-cv-01726 (RS) (N.D. Cal.)
  • Court Level: District

Fraley, et al. v. Facebook, Inc., et al. was a class action lawsuit against Facebook in 2011 alleging the company used Facebook users’ names, pictures, and identities without…

CEI Litigation

Litigation

Blackman v. Gascho

  • Court Level: Supreme Court

In Blackman v. Gascho, the Competitive Enterprise Institute (CEI) sought Supreme Court review for a challenge to a lopsided class action settlement agreement that left…

Class Action Fairness

Litigation

Martin v. Blessing

  • No. 13-169, 134 S. Ct. 402 (2013)
  • Court Level: Supreme Court

The Center initially objected to this settlement because, among other problems, its value to class members did not justify the $13M attorneys’ fees request.  Ultimately,…

Class Action Fairness

Litigation

Marek v. Lane

  • No. 13-136, 134 S. Ct. 8 (2013)
  • Court Level: Supreme Court

The Center was retained to petition the Supreme Court for review of a settlement that gave $0 for the class, $3.2M to the attorneys, and…

Class Action Fairness

Litigation

Baby Products Antitrust Litigation

  • 708 F.3d 163 (3d Cir. 2013)
  • Court Level: Appellate

This case involved a settlement of consolidated antitrust class actions brought by consumers against retailers Toys “R” Us, Babies “R” Us and several baby product…

Class Action Fairness

Litigation

HP Inkjet Printer Litigation

  • 716 F.3d 1173 (9th Cir. 2013)
  • Court Level: District

The Ninth Circuit held that the Class Action Fairness Act requires that when class members obtain coupons in a settlement, the lawyers’ fees attributable to those…

Class Action Fairness

Litigation

Dry Max Pampers Litigation

  • 724 F.3d 713 (6th Cir. 2013)
  • Court Level: Appellate

CCAF objected to this $0 settlement between Proctor & Gamble Company and consumers who purchased certain kinds of Pampers diapers where class counsel requested $2.73…

Class Action Fairness

Litigation

Johnson & Johnson Derivative Litigation

  • No. 10-cv-2033, 2013 U.S. Dist. LEXIS 167066 (D.N.J. Nov. 25, 2013)
  • Court Level: District

The Center objected to a settlement that paid the class $0, established meaningless corporate governance changes, and paid the attorneys over $10 million: the court…

Class Action Fairness

Litigation

City of Livonia Employees Ret. Sys. v. Wyeth

  • No. 1:07-cv-10329 (RJS), 2013 U.S. Dist. LEXIS 113658 (S.D.N.Y. Aug. 7, 2013)
  • Court Level: District

The Center represented a shareholder objecting to a securities class action wherein the $16.5M plaintiffs’ attorneys’ fee request was 4.2 times their normal billing rate.

Class Action Fairness

Litigation

Richardson v. L’Oreal USA

  • 991 F. Supp. 2d 181, 2013 U.S. Dist. LEXIS 158599 (D.D.C. Nov. 6, 2013)
  • Court Level: District

The district court sustained the Center’s objection to a settlement over shampoo labeling where the class would receive valueless injunctive relief and the attorneys sought…

Class Action Fairness

Litigation

Magsafe Apple Power Adapter Litigation

  • 571 Fed. Appx. 560 (9th Cir. Apr. 24, 2014) (unpublished)
  • Court Level: District

In this settlement over Apple power adapters, the district court failed to appraise class relief compared to the $3M that the settlement awarded to plaintiffs’…

Class Action Fairness

Litigation

Redman v. RadioShack Corp.

  • 768 F.3d 622 (7th Cir. 2014)
  • Court Level: Appellate

Plaintiffs sought statutory damages for RadioShack’s practice of printing expiration dates on credit card receipts. CCAF objected to a settlement that paid $1 million to…

Class Action Fairness

Litigation

Pearson v. NBTY, Inc.

  • 772 F.3d 778 (7th Cir. 2014)
  • Court Level: Appellate

The Center became involved in the case in 2014 when it objected to a class action settlement that would have provided attorneys $4.5 million but…

CEI Litigation

Litigation

EasySaver Rewards Litigation

  • 16-56307
  • Court Level: Appellate

In 2013, CEI’s Center for Class Action Fairness objected to and then appealed the approval of a nationwide class settlement where 0.2% of the class received…

CEI Litigation