Consumers who say The Hain Celestial Group lied about the “natural” contents of its Alba Botanica skin and hair care line urged the Ninth Circuit Monday to revive their proposed class action, arguing reasonable shoppers wouldn't expect to find synthetic ingredients in the products.
Dignity Health on Monday urged the Ninth Circuit to dismiss a putative class action accusing the hospital chain of underfunding its pension plans by $1.2 billion, arguing it “defies ... common sense” not to exempt Dignity under the Employee Retirement Income Security Act's church plan exemption.
A Wisconsin federal judge on Monday declined to toss a proposed class action accusing Kohl's of fabricating and inflating the original prices for sale items in order to make customers think they're receiving a better deal than they actually are, saying there's no one way to calculate restitution.
A Georgia federal judge has boosted the ability of banks suing Home Depot over its 2014 data breach to review the retailer’s communications with absent putative class members about settlements it may strike with Visa and MasterCard, ruling that the proposed class is entitled to a broad range of documents.
A California federal judge on Monday denied Johnson & Johnson's bid to toss a proposed class action accusing the company of duping parents into buying J&J Baby Bedtime Bath and Bedtime Lotion products by claiming that the products are "clinically proven" to work.
Supreme Court Justice Sonia Sotomayor said Monday that the Second Circuit's harsh view of jury nullification may be wrongheaded, and that there is a place for juries to make findings that contradict the law — a topic that came up in the context of Sen. Claire McCaskill's recent jury service.
A Florida apartment complex wants the U.S. Supreme Court to revive its class action challenge to a state law that allowed the government to keep the lion's share of interest on funds held by the county court during "quick-take" eminent domain proceedings.
Boehringer Ingelheim and Teva told a Connecticut federal court Friday it would be “profoundly unfair” to limit discovery in a pay-for-delay case over Aggrenox solely to that medication, insisting the relevant market extends beyond the stroke prevention drug and its generics.
Wholesalers, pharmacies and other Nexium buyers asked the First Circuit on Friday for another shot to prove their case that AstraZeneca and Ranbaxy inked an illegal pay-for-delay deal for the heartburn medication, arguing that "fundamental flaws" in the way the district court ran the class action mandated a new trial.
Eaton, Volvo and several truck manufacturers have asked the Third Circuit to reject a bid to revive a putative class action against the companies for allegedly entering into anticompetitive agreements that hiked the cost of Eaton’s transmissions, saying a lower court properly found the lead plaintiff lacked standing.
The Freedom Watch founder challenging the government’s bulk phone records collection program told the D.C. Circuit Friday that a November end to certain collection under the USA Freedom Act does not moot the need for a court-ordered halt to the activities.
The U.S. Chamber of Commerce, a group of CEOs and a civil defense attorney organization have submitted amicus briefs supporting Procter & Gamble’s petition that the U.S. Supreme Court overturn a Sixth Circuit decision allegedly certifying a class of probiotic supplement customers without proving a classwide injury.
An investor has asked the U.S. Supreme Court to review a ruling that she couldn't pursue her proposed class action claims that AIG deliberately misled investors over publicly traded securities because she never read a prospectus, saying the decision amounts to lawmaking from the bench.
A class of Florida homeowners pushed a state appeals court Monday to enforce their $15 million judgment against the state for removing thousands of residential citrus trees, which the Florida Department of Agriculture and Consumer Services has refused to pay for years.
Uber drivers behind a Fair Labor Standards Act suit seeking minimum wage and overtime asked a California federal judge on Friday to grant conditional class certification, arguing they had sufficiently accused the ride-hailing service of intentionally misclassifying Golden State drivers.
A New York federal magistrate on Monday said several human resources managers who opted in to a proposed wage class action against Lowe’s that was denied conditional certification can stay in the case, but only under two conditions that move the burden from the retailer to the employees suing it.
The pension fund for an ironworkers union urged a New York federal court Friday to slap Symbol Technologies Inc. with sanctions for losing documents it said would support its class action claims that the company deceived investors to boost its share value.
TGI Friday’s has urged a New York federal judge to stop workers in a wage-and-hour collective action against the restaurant from expanding their suit, arguing that it’s too late and that the new complaint would go too far.
An Illinois federal judge on Monday ordered Sprint to cough up documents on its California subscribers who received allegedly unsolicited text messages from Yahoo in a class action accusing the Internet giant of violating the Telephone Consumer Protection Act.
The University of Pittsburgh Medical Center has agreed to pay $12.5 million to settle a local hotel's class action claims that the regional health care giant, along with Highmark Inc., inflated the price of small group insurance plans through an antitrust scheme, according to a Friday filing.
In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.
Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.
Evanston Insurance v. Gene By Gene Ltd. in Texas district court addresses a new twist on an insurer's Telephone Consumer Protection Act exclusion, in effect limiting it to underlying marketing claims involving junk faxes or spam email. Some might herald this decision as a judicial scaling back of the exclusion, but such proclamations would be premature, says Joshua Mooney at White and Williams LLP.
If you regularly contact customers via telephone, text or fax, there is a high likelihood that at some point you will be named as a party to a lawsuit alleging violations of the Telephone Consumer Protection Act. Successfully resolving TCPA class actions requires a proactive, methodical approach and a specialized skill set, say Richard Benenson and Al Mottur of Brownstein Hyatt Farber Schreck LLP.
This is the final part of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article looks at how to take a science expert deposition to set up a Daubert motion.
With more than 70 earthquakes shaking Oklahoma since the start of the year, seismicity is staged to remain a focus for the energy industry in 2016. Earthquake litigation appears to be trending up, and a variety of patterns are becoming apparent to ensure that seismic risk mitigation investments are efficiently targeted at a time when the energy industry faces tightening financial pressures, say attorneys at Norton Rose Fulbright.
This is the fourth of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article explores ways to limit or exclude U.S. Food and Drug Administration expert testimony.
A recently filed complaint in the Southern District of New York calls into question the legality of the lottery selection process used by the New York City Marathon. Andrew Moore and Erin Elliott of Brownstein Hyatt Farber Schreck LLP take a look at three previous cases that addressed whether “processing fees” constitute consideration in a lottery analysis.
Judge John Koeltl’s recent decision in Lions Gate Entertainment Securities Litigation follows and expands upon a 2012 decision by Judge Paul Crotty, also of the Southern District of New York, in Richman v. Goldman Sachs, which similarly held that the receipt of a Wells notice does not create an independent duty to disclose potential regulatory claims, say David Rein and Jacob Cohen of Sullivan & Cromwell LLP.
This is the third of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article explores how to deconstruct a plaintiff's peer-reviewed scientific literature.