A California federal judge on Monday approved Santander Consumer USA's agreement to not collect almost $200 million in outstanding car loan debts in order to settle class action claims that the subsidiary of the Spanish banking behemoth issued faulty notices to borrowers after repossessing their cars.
A New Jersey federal judge on Monday threw out a Wyndham Worldwide Corp. shareholder's derivative action over a series of security breaches, finding no evidence that Wyndham's Kirkland & Ellis LLP attorneys had a conflict of interest when they advised it to reject shareholder demands.
Facebook Inc. asked the Second Circuit on Thursday to have the same merits panel hear appeals of four shareholder derivative suits launched over the social media titan's 2012 initial public offering, saying the suits lob overlapping breach of fiduciary duty allegations against Facebook's directors.
To win a landmark decision in a shareholder challenge to a First Citizens BancShares Inc. merger that strengthened support for forum selection bylaws, Cravath Swaine & Moore LLP attorneys fixated their focus on the Delaware Chancery Court's logic in a related prior ruling, cutting away anything they thought might cloud the issue.
The Sixth Circuit rejected GE Healthcare Inc.'s bid for a new trial Monday, finding that an Ohio court didn't err after a jury ordered GE to pay $5 million for failing to warn a kidney patient about the health risks of its gadolinium-based contrast agent, Omniscan.
Attorneys representing Apple Inc. e-book consumers on Friday sought a New York federal judge's approval of a uniquely structured fee award that could net plaintiffs firms as much as $30 million, arguing the payout is warranted because Apple fought counsel aggressively at each step of the antitrust litigation.
An Amgen Inc. subsidiary and a CVS Health unit have been hit with a proposed class action in California court alleging that the companies knowingly failing to ensure that the arthritis drug Enbrel was kept at a proper temperature during shipping.
Humana Inc. is attacking a proposed class action in Ohio federal court accusing it of improperly recouping Medicare Advantage overpayments from chiropractors, saying the lawsuit clearly misreads federal law and would undermine anti-fraud efforts.
A Sixth Circuit ruling that left M&G Polymers USA LLC responsible for a class of retirees' lifetime health benefits was “infected” by precedent regarding collective bargaining agreements that is out of step with federal labor policy and common sense, the company has told the Supreme Court.
A federal judge rejected the California Supreme Court's conclusion that workers' right to bring representative Private Attorney General Act claims can't be waived through arbitration agreements, marking the latest federal ruling to eschew the state high court's June Iskanian decision.
Federal agencies must accept public input before substantially changing how they interpret regulations, the U.S. Chamber of Commerce and other business groups told the Supreme Court on Thursday, in a case challenging the U.S. Department of Labor's reclassification of mortgage loan officers as overtime-eligible.
The Scotts Company LLC on Friday asked a California federal judge to toss a proposed class action accusing the company of illegally selling wild bird food that contained toxic pesticides, arguing that the plaintiffs’ refusals to accept individual settlements made the dispute moot.
Ask.com on Friday became the latest Silicon Valley tech company to be sued over allegations that it had colluded with Google Inc. and others to keep down salaries by agreeing not to poach each other's directors, according to a proposed California federal antitrust class action.
Dr. Reddy's Laboratories Ltd. agreed Sunday to help drug buyers make their pay-for-delay case against AstraZeneca PLC and two generic-drug makers as part of a settlement inked on the eve of trial in the antitrust class action.
More deaths have been attributed to a faulty ignition in General Motors Co. vehicles, bringing the total to 29, according to a claims report released Monday by the attorney who manages a compensation fund for victims of crashes caused by the defect.
A Florida judge on Monday granted preliminary approval to a $4 million settlement in a case alleging M&T Bank was part of a group of lenders that acted in bad faith by charging high overdraft fees, becoming the latest bank to settle in a once-massive multidistrict litigation in Florida federal court.
Employers that aren't careful about how they respond when the U.S. Equal Employment Opportunity Commission comes knocking to investigate discrimination charges can doom their chances for reaching an agreeable settlement and end up on the losing end of a sweeping systemic bias suit. Companies must be cooperative but still think strategically from the very outset, lawyers and the EEOC say. This is the first in a three-article series on navigating the EEOC process.
A putative class action pending in Florida federal court against HCA Holdings Inc. for alleged overcharging of patients' personal insurance protection at one of its Florida hospitals has been expanded to include two additional facilities in the state.
A California federal judge on Friday said Bridgepoint Education Inc.'s approval of a 2013 tender offer with Warburg Pincus Private Equity VIII LP was based on "classic business judgment," tossing a shareholder derivative suit claiming the offer allowed Warburg to unfairly rake in nearly $250 million in profits via a share buyback.
An Illinois federal judge has allowed General Motors LLC to join three settlement classes in a consolidated class action against eight steelmakers accused of scheming to inflate prices, allowing GM to withdraw its previous exclusion request.
The inadequacies of party selection are particularly troubling when compared to random selection, which yields representative plaintiffs, is fair to both sides, and also produces valuable information for courts and litigants, say Loren Brown and Matthew Holian at DLA Piper LLP and Dov Rothman at Analysis Group Inc.
UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.
Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.
The costs of defending securities class actions continue to increase, and the root cause is the convergence of two related factors — the prevailing view that securities class actions are “bet the company” cases, and the consequent reflexive hiring of BigLaw firms, says Douglas Greene of Lane Powell PC.
Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.
After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.
Although the Seventh Circuit's ruling in Myrick v. WellPoint Inc. suggests a plaintiff may meet the burden of proving members of a putuative class action qualify under the home-state exception of the Class Action Fairness Act through random sampling, many questions remain unanswered, says Esther McDonald of Seyfarth Shaw LLP.
The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.
Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.
If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.