McDonald’s USA, which is facing several wage-related lawsuits, joined the menu of lower-wage industry companies raising pay for certain workers, announcing Wednesday that employees at company-owned restaurants will receive starting pay at $1 above the local minimum wage, among other enhancements.
A California judge on Wednesday tentatively refused to certify a putative class of about 300 managers in their consolidated wage-and-hour suit against a unit of Verizon Wireless, saying the court might have to look at how each individual store and kiosk manager spent their time.
A California federal judge on Wednesday let Hulu LLC off the hook in a suit alleging it violated the Video Privacy Protection Act after ruling the video-streaming provider didn't know that Facebook Inc. could use its data to identify users, but the win turned on the facts of the case, attorneys say, and won't shut the door to future class actions.
The Florida federal judge overseeing multidistrict litigation stemming from defective air bags sold by Takata Corp. and included in numerous automakers' vehicles on Tuesday appointed a partner at Jones Day to serve as special mediator in the case.
A California federal judge on Wednesday tossed a consolidated securities class action against Dreamworks Animation SKG Inc. alleging the company misled investors about the success of the animated movie "Turbo" and was too slow to take its $13.5 million write-down, saying the investors failed to show falsity or scienter.
The Third Circuit Wednesday denied a petition for rehearing by an armored car company regarding a precedent-setting affirmation earlier this month that a former driver is entitled to overtime pay under the Fair Labor Standards Act, rejecting an alternative argument to have the overtime payments reduced.
The operators of New York City strip club Rick’s Cabaret have agreed to pay up to $15 million to end a wage-and-hour class action brought by former exotic dancers, saying Wednesday the settlement was in the best interest of its shareholders.
The Ninth Circuit on Wednesday reversed a lower court order remanding a consumer class action suit against Nationstar Mortgage LLC to state court, saying that removal under the Class Action Fairness Act was timely in light of the U.S. Supreme Court’s recent decision in Dart Cherokee.
Five assistant store managers at Toys R Us Inc. filed a putative class action suit Tuesday in Florida accusing the retailer of violating the Fair Labor Standards Act by denying them overtime pay.
A Pennsylvania federal judge ruled Wednesday that claims brought by Hagens Berman Sobol Shapiro LLP’s sole remaining client in a proposed class action accusing Sanofi-Aventis SA and Grunenthal GmbH of causing birth defects were filed too late, after the judge previously sanctioned the firm over obviously time-barred claims.
The Ninth Circuit on Wednesday overturned a California federal judge's decision remanding to state court a rest break class action against Dollar Tree Stores Inc., ruling that revised class claims gave the retailer a second chance to bring the suit to federal court.
In an ongoing case over traffic stops used to verify drivers’ immigration status, Sheriff Joe Arpaio and the Maricopa County, Arizona, sheriff's office on Tuesday urged a federal court to reconsider its order denying attorney-client privilege protections to emails that copied a deputy chief.
A Massachusetts federal judge on Tuesday tossed a proposed putative securities class action accusing Sarepta Therapeutics Inc. of misleading investors over the chances of its muscular dystrophy drug eteplirsen hitting the market, saying that the biopharma company couched its optimistic statements with proper disclosures.
The nation’s third-largest semitrailer maker was hit with a proposed class action Tuesday in New Jersey federal court for allegedly hawking defective tractor-trailers that lose power or stop on the road due to engine defects while touting their durability and quality.
Quinn Emanuel Urquhart & Sullivan LLP has snagged a former Skadden Arps Slate Meagher & Flom LLP white collar litigator, who has experience handling matters in government contract fraud, class action and antitrust litigation, to serve as a partner in its Los Angeles office, Quinn Emanuel announced Wednesday.
A Pennsylvania federal judge on Tuesday rejected Wal-Mart Stores Inc.'s bid for quick wins in a pair of putative class actions alleging the company shorted store managers on overtime, saying the retailer’s argument that the plaintiffs couldn’t know about other managers’ conditions “doesn’t hold water.”
A New York federal judge on Tuesday dismissed a proposed class action accusing Pfizer Inc. of duping consumers into thinking that its Centrum brand multivitamins provide a range of health benefits because studies cited by the plaintiffs didn't have anything to do with Centrum products.
Cintas Corp. urged a Michigan federal court Tuesday to reject the U.S. Equal Employment Opportunity Commission's challenge to an order requiring the agency to identity the women it will seek monetary damages for in a sex bias trial, saying the EEOC couldn't show a “palpable defect.”
Though the price tag of class action settlements has dwindled and filings against big companies have fallen, one area of securities litigation appears to be a bright spot for the plaintiffs bar, and investors may have the U.S. Securities and Exchange Commission to thank for it, according to a Cornerstone Research report issued Tuesday.
Hulu LLC didn’t know that Facebook Inc. could use the data the online video-streaming site provided to match individual users with specific videos they watched, according to a California federal judge’s order granting Hulu’s motion for summary judgment in a proposed class action on Tuesday.
Given the remedies available to employees and the uncertain state of current case law surrounding leaves of absence and nonaccrual vacation policies in California, employers would be wise to reconsider excluding LOA participants from benefiting from their unlimited vacation policies, says Sebastian Miller of Sebastian Miller Law PC.
As regulators in Latin America and around the world become increasingly more active, it has become more likely that non-U.S. companies that have securities trading on U.S. exchanges become involved in a U.S. securities class action lawsuit, such as the one against Chemical & Mining Co. of Chile Inc., which is entangled in an ongoing corruption and tax evasion scandal, says Kevin LaCroix of RT ProExec.
In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.
If the U.S. Supreme Court grants certiorari in Gomez v. Campbell-Ewald, the case will be one of first impression and could clarify the scope of derivative sovereign immunity for government contractors performing duties within the scope of delegated authority and whether such immunity can apply to Telephone Consumer Protection Act claims, say attorneys at Sutherland Asbill & Brennan LLP.
The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.
Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.
A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.
For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.
It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.