Class Action

  • July 27, 2016

    NHL Head’s Strong Dismissal Of CTE Link Could Be A Mistake

    In a recent letter to a U.S. senator, National Hockey League Commissioner Gary Bettman dismissed any link between hockey and the degenerative brain condition known as CTE, citing a lack of scientific certainty, but some attorneys say the commissioner may have gone too far even as the league faces multidistrict litigation over the effects of head injuries.

  • July 27, 2016

    Benicar MDL Partially Remanded To Missouri State Court

    A New Jersey federal judge on Wednesday allowed 79 people in a suit alleging they suffered gastrointestinal injuries after taking Daiichi Sankyo Inc.’s blood pressure drug Benicar to move their case back to Missouri state court or refile, as the court doesn’t have jurisdiction over the claims, which are part of multidistrict litigation.

  • July 27, 2016

    Plaintiffs In 2 States Drop EB-5 Scam Suits Over Jay Peak

    Two proposed class action suits claiming Raymond James & Associates was involved in a fraudulent scheme targeting EB-5 investors in Vermont's Jay Peak ski resort were voluntarily dismissed without prejudice by the plaintiffs in the Green Mountain State and Florida in the last week.

  • July 27, 2016

    Fiat Says Arbitration Deal In Car-Hacking Suit Revealed Late

    Fiat Chrysler on Wednesday urged an Illinois federal court to stay proceedings and force arbitration in a proposed class action alleging the automaker's vehicles have a defective internet connectivity system that allows hackers to take control, saying it only recently discovered an arbitration agreement existed with the plaintiffs.

  • July 27, 2016

    Calif. McDonald's Workers Near Cert. On Unpaid Wage Claims

    A California judge on Wednesday tentatively certified a class of thousands of workers at company-run McDonald’s stores alleging the company shorts them on overtime and doesn't reimburse uniform expenses, but tentatively decided not to grant certification on claims of missed rest and meal breaks.

  • July 27, 2016

    Navient Call Recipients’ Class Certified In Autodialing Suit

    An Indiana federal judge on Wednesday certified a nationwide class of cellphone owners alleging they received unsolicited, autodialed calls from Navient Solutions Inc., rejecting the student loan servicer's contentions that individual circumstances in each call's case weren't suitable for class treatment.

  • July 27, 2016

    Momenta Wins Dismissal Of Blood-Clot Drug Antitrust Suit

    A Massachusetts federal judge on Wednesday said that Amphastar Pharmaceuticals Inc. cannot bring federal antitrust claims against Momenta Pharmaceuticals Inc. for allegedly suppressing competition of sales of a generic blood clot drug because its alleged injury stems from a prior court-issued injunction, immunizing Momenta from suit.

  • July 27, 2016

    3rd Circ. Won't Touch Avandia MDL Fee Ruling

    The Third Circuit on Wednesday affirmed a lower court's decision requiring a law firm to put a percentage of its proceeds into a common benefit fund after it helped settle a batch of Illinois state product liability suits over GlaxoSmithKline’s diabetes drug Avandia.

  • July 27, 2016

    General Mills Beats 'Creative' Gluten Labeling Suit

    General Mills on Wednesday defeated a proposed class action concerning supposedly gluten-free Cheerios that had been made with the wrong flour, receiving dismissal from a federal judge who derided the suit as "creative."

  • July 27, 2016

    Shareholder Suit Over Yahoo Exec's Severance Survives

    Breach of duty claims against the board of directors of Yahoo Inc. survived a motion to dismiss Wednesday in Delaware Chancery Court, as a judge found that the suing shareholders have sufficiently pleaded their claims regarding a large severance package issued to a fired executive.

  • July 27, 2016

    NJ High Court To Review Class Cert. In Drink Pricing Suits

    The New Jersey Supreme Court on Tuesday agreed to consider related appeals about whether class certification is appropriate in separate lawsuits alleging a restaurant chain violated state consumer protection laws by not including drink prices on its menus.

  • July 27, 2016

    Bernstein Litowitz Rips Subpoena In Insider Trading Row

    Bernstein Litowitz Berger & Grossmann LLP, which represents investors alleging that Valeant Pharmaceuticals International Inc. illegally tipped Pershing Square Capital Management LP to a proposed merger, urged a California federal judge on Tuesday to reject Pershing's subpoena, calling it a bid to “distract” the firm.

  • July 27, 2016

    Cemex Will Face Class Action Over Fuel, Environmental Fees

    A Florida federal judge Tuesday denied a motion to dismiss a putative class action against building materials supplier Cemex, ruling that Deere Construction LLC's allegations that Cemex charged deceptive surcharge fees to clients are substantive enough to proceed with the case.

  • July 27, 2016

    Steakhouse Looks To Chop FACTA Suit For Lack Of Harm

    Wolfgang’s Steakhouse and ZMF Restaurants on Wednesday sought to dismiss a proposed class action accusing them of violating the federal Fair and Accurate Credit Transactions Act by printing credit card expiration dates on customers’ receipts, saying the lack of actual harm is fatal under recent U.S. Supreme Court precedent.

  • July 27, 2016

    Job Seekers Win Class Cert. In Background Check Row

    A California federal judge on Tuesday certified a class of applicants who say background check company S2Verify unlawfully included obsolete criminal information on their reports in violation of the Fair Credit Reporting Act, saying the alleged harm meets the tests established by the U.S. Supreme Court in May's Spokeo decision.

  • July 27, 2016

    GM Will Seek High Court Review If 2nd Circ. Won't Flip Ruling

    General Motors intends to ask the U.S. Supreme Court to review a Second Circuit decision that opened it to liability claims related to ignition switch defects if the full appeals court doesn't modify or reverse the decision, according to a joint statement the parties in a New York product liability class action sent to the judge Monday.

  • July 27, 2016

    Gov't Workers Blast OPM's Effort To Toss Data Breach Suit

    Federal employees affected by last summer's sweeping hack of government personnel databases defended their class action against the Office of Personnel Management on Wednesday, saying the office has downplayed the workers' constitutional rights.

  • July 27, 2016

    Honeywell, Saint-Gobain To Face Combined Toxic Water Suits

    Four proposed class actions brought by residents of an upstate New York village who blame Honeywell and plastics maker Saint-Gobain for the presence of a dangerous chemical in their water system were consolidated by a New York federal judge on Wednesday.

  • July 27, 2016

    GM Argues To Keep Driving Experts In Ignition Bellwether

    General Motors LLC on Tuesday defended its use of accident and toxicology experts against objections from a Kentucky woman suing the company in New York federal court over her car’s allegedly faulty ignition switch, arguing that the experts are vital to determining whether driver error and intoxication caused the wreck.

  • July 27, 2016

    Tribes Can't Get Double Win In Child Custody Suit, Court Told

    A South Dakota prosecutor targeted by two tribes and their members over procedures for the removal of Native American children from their parents’ custody said Tuesday that they shouldn’t be able to seek an additional judgment against him after winning a prior one.

Expert Analysis

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • And Now A Word From The Panel: 4 All-Star MDLs

    Alan E. Rothman

    In honor of the recent Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.

  • Nixing A Class After Jury Verdict — It's Possible

    Neal Marder

    A Second Circuit decision in Mazzei v. The Money Store reiterates that class action defendants have the opportunity to successfully challenge class certification even after trial. The decision may embolden defense counsel and their clients to not be so quick to settle, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 2nd Circ. GM Ruling Shows Value Of Debtor’s Disclosures

    Darren Azman

    Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Why EB-5 Investors Are Not Your Typical Clients

     H. Ronald Klasko

    EB-5 is a wonderful program. Unfortunately, a small but increasing number of EB-5 projects have gone awry, leaving investors in a very difficult situation. Ronald Klasko of Klasko Immigration Law Partners LLP addresses issues that receivers and litigators need to understand in order to properly represent the interests of investors.