KPMG LLP urged a New York federal judge on Thursday to penalize employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying female client service and support professionals for allegedly wasting the court's time with baseless discovery filings.
Retirees bringing a class action against M&G Polymers USA LLC have asked the U.S. Supreme Court to find that their right to lifetime health care was guaranteed at retirement, claiming the issue of whether a company’s health obligation extends beyond the termination of a collective bargaining agreement should be guided by intent.
The federal court overseeing a U.S. Equal Employment Opportunity Commission race bias suit over BMW Manufacturing Co. LLC's use of criminal background checks in hiring should force the EEOC to hand over information on its own applicant screening practices, BMW said Wednesday.
A California federal judge ruled Wednesday that a proposed consumer class can’t seek to bar Infinitelabs LLC from making misleading claims that its supplement aids testosterone production, since the plaintiff won’t buy the product again, but allowed the remaining claims to move forward.
An Iowa corn company has asked the U.S. Supreme Court to shut down a class action alleging it negligently releases harmful chemicals onto residents’ homes and properties, arguing the state-law claims are preempted by the federal Clean Air Act.
The Second Circuit on Thursday upheld the dismissal of Iraq's $10 billion racketeering lawsuit accusing multinational companies of helping Saddam Hussein defraud the United Nations’ so-called Oil-for-Food program, finding the Hussein regime acted as a representative of the Middle Eastern nation, which could not sue itself.
Google Inc. said on Thursday it will enter mediation talks with a group of consumers who allege Google violated privacy laws by aggregating and storing users’ data across its platforms, after a California federal judge tossed most of their claims.
Redbox Automated Retail LLC on Wednesday was slapped with another proposed class action in Pennsylvania federal court alleging the company's kiosks violate the Americans with Disabilities Act because they do not offer aids that would allow visually impaired customers to rent DVDs.
Eli Lilly & Co. on Wednesday sought early dismissal of a suit alleging it failed to warn a New York man he would suffer negative withdrawal effects when he stopped taking the antidepressant Cymbalta, hoping to moot more than two dozen similar cases in proposed multidistrict litigation.
Pie company Savory Pie Guy LLC slapped dough equipment company Comtec Industries Ltd. with an antitrust class action in New York federal court on Wednesday, claiming Comtec prevents its customers from buying products from its rivals in order to maintain a monopoly.
Ogletree Deakins Nash Smoak & Stewart PC bolstered its San Diego presence this week with the addition of two former Jackson Lewis PC shareholders who represent management in employment matters, strengthening the firm’s core practice area.
The Coca-Cola Co. on Wednesday urged an Alabama magistrate judge to rethink his recommendation keeping alive a proposed Telephone Consumer Protection Act class action over several allegedly unsolicited text messages, arguing that the plaintiff had agreed to the exchange by sending the initiating message.
Foot Locker Inc. on Thursday urged a California federal judge to toss a putative class action accusing it of illegally collecting and storing customers’ personal information after in-store checkouts, saying the complaint only shows the retailer asked for, but did not record, the personal identification information.
Hewlett-Packard Co. urged a judge Wednesday to prevent the blockade of a settlement in which HP and its shareholders would ally to place blame for HP's disastrous $11.1 billion Autonomy Corp. buy on Autonomy executives, saying the former chief financial officer behind the challenge is irrelevant to the settlement.
A government contractor involved in several major projects around Washington, D.C., has agreed to pay $900,000 to settle claims it routinely subjected women and minorities to rampant discrimination and harassment, the U.S. Department of Labor announced on Wednesday.
Barnes & Noble Inc. on Wednesday used the recent dismissal of a class action complaint against Neiman Marcus Inc. in Illinois to attack litigation over a security breach that compromised PIN pad devices in dozens of its stores, arguing that like Neiman Marcus, its customers lack standing to pursue their case against the company.
A New York federal judge overseeing a consolidated class action against banks accused of rigging the credit default swaps market approved a joint case management plan on Thursday that, among other things, requires defendants to share what they have told U.S. and European authorities probing the derivatives sector.
General Motors LLC on Wednesday urged a New York federal judge to enter a gatekeeping order to maintain coordination in the multidistrict litigation over its deadly ignition switch defect, saying repeated court appearances by counsel in a Georgia state court action have obstructed GM’s ability to comply with the discovery process.
Pixar Inc., The Walt Disney Co. and other animation studios were hit with a new putative class action in California federal court Wednesday alleging they conspired to fix the pay of contractors, who cited testimony from a similar antitrust case brought by engineers against Apple Inc. and other tech giants.
The Home Depot Inc. was hit with a proposed class action in Georgia federal court Tuesday, in which First Choice Federal Credit Union claims it suffered losses as a result of the home improvement store’s recent data breach — marking the first such suit brought by a financial institution.
Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.
The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.
The denial of class certification, while significant, does not conclusively dispatch a class claim. The class claim might reappear even after the defendant settles with the former lead plaintiff and the final judgment is entered, say James Goldfarb and Michael Rella of Murphy & McGonigle PC.
In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.
Fall is in the air. September is flying by. In a few weeks the U.S. Supreme Court will be convening again. But while there are securities cases on the docket, there is nothing as momentous as Halliburton, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.
After the Phase One rulings in the Deepwater Horizon oil spill litigation, any oil spill plaintiff still seeking punitive damages from BP PLC will face a gauntlet of legal obstacles, which is good reason to doubt BP will ever pay punitive damages in personal injury cases — a small consolation given BP's potential liability for civil penalties, says B.D. Daniel of Beck Redden LLP.
A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.
Cases filed against General Motors Co. over faulty ignition switches in states with permissive joinder may yield damages closer to those caused by auto accidents from defective vehicles compared with claimants that try their luck under Kenneth Feinberg's settlement plan, says Bob Langdon of Langdon & Emison.
In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.