Class Action

  • May 27, 2016

    McDonald’s Drive-Thrus Are Biased Against Blind, Suit Says

    A blind man lodged a proposed class action against McDonald’s Corp. in Illinois federal court on Thursday, accusing it of violating the Americans With Disabilities Act by limiting its late-night services to drive-thrus that blind individuals cannot access.

  • May 27, 2016

    NavSeeker Attorney Defends $6M Fee, $2.75M Class Award

    Attorneys seeking a $6 million fee for winning a proposed $2.75 million buyout of minority shareholders stranded in an allegedly “stolen” company defended the class deal Friday in Delaware Chancery Court, saying the suit also proved NavSeeker Inc.’s overall worth despite the controlling company’s claims that it had no value.

  • May 27, 2016

    DuPont Can't Get 'Last Word' On Cancer Trials, Court Told

    Lawyers leading multidistrict litigation against Teflon maker DuPont over a pollution-related cancer cluster urged an Ohio federal court Thursday not to let the company get the "last word" on who selects dozens of cases slated for 2017 trials, just as they prepare to launch a key bellwether trial on Tuesday.

  • May 27, 2016

    Target Can't Hide CRT Price-Fixing Settlement, Judge Rules

    A California federal judge Friday said Target and ViewSonic must reveal settlement agreements with defendants in multidistrict litigation over alleged price-fixing in the market for cathode ray tubes in televisions, saying the settlement amounts will help remaining defendants “decide whether to proceed to trial.”

  • May 27, 2016

    Uber, Drivers Fire Back At Mounting Settlement Objections

    Uber and drivers in a pair of high-profile California class actions fired back at a growing number of objectors to the pending $100 million settlement Friday that would end claims that the ride-hailing giant misclassified drivers as independent contractors, maintaining the settlement is in fact on solid legal ground.

  • May 27, 2016

    7th Circ. Tees Up Class Waiver Battle For Supreme Court

    The Seventh Circuit ruled Thursday that arbitration agreements containing class waivers are illegal, adopting the position of the National Labor Relations Board and creating a split with the Fifth Circuit that leaves the issue on the U.S. Supreme Court's doorstep. Here, Law360 takes a look at the winding legal road the hot-button issue has taken to land it a stone's throw away from the high court.

  • May 27, 2016

    FCA Asks For Dismissal Or Transfer Of Jeep Defect Suit

    Claims by a proposed class of Jeep owners that Fiat Chrysler botched a recall fix should be dismissed for lacking even basic allegations, or else moved to a New York federal bankruptcy court since the vehicles at issue were made by now-defunct Chrysler LLC, the automaker said Friday.

  • May 27, 2016

    Investors Slam Halliburton's Bid To Muzzle Accounting Pro

    A class of investors alleging Halliburton misled them over its asbestos liabilities shot back at the oil field services giant’s bid to block expert testimony from an accounting professor, arguing Friday that the statements at issue are in direct rebuttal to those of a Halliburton witness.

  • May 27, 2016

    Scotts Miracle-Gro Seeks Swift Victory In False Ad Suit

    The Scotts Miracle-Gro Co. pushed a New York federal judge Thursday to grant it a quick win in a class action accusing the company of falsely advertising a line of grass seed, saying there is no evidence showing EZ Seed’s consumers were unable to grow plants from the product.

  • May 27, 2016

    Starbucks Wants Underfilled Drink Suits Heard In Wash.

    Starbucks asked a multidistrict judicial panel Thursday to consolidate a handful of class action lawsuits against the company that allege the coffee giant underfills and over-ices its beverages, resulting in customers getting less than they paid for.

  • May 27, 2016

    CareFirst Dodges Policyholders’ Data Breach Class Action

    A Maryland federal judge on Friday tossed a proposed class action in which two policyholders accused CareFirst BlueCross BlueShield of potentially compromising their information along with that of a million other people after a data breach.

  • May 27, 2016

    Texting Cos. Get 2nd Shot At Arbitrating Cell Cramming Row

    The Ninth Circuit Thursday reversed a lower court decision denying arbitration in a proposed class action claiming two mobile messaging companies duped consumers into pay for services, saying the trial court should determine whether the lead plaintiff agreed to arbitrate and whether that extended to the service-facilitator defendants.

  • May 27, 2016

    Uber Hit With NJ Misclassification Class Action

    Uber has been hit with yet another suit accusing it of violating its drivers’ rights, with the company on Friday removing to New Jersey federal court a putative class action alleging Uber illegally forces its drivers to pay for tolls, gas and phone bills through improper classification.

  • May 27, 2016

    Chelsea Therapeutics Settles Investor Class Action For $5.5M

    Chelsea Therapeutics International Inc. has agreed to pay $5.5 million in cash to settle an investor’s putative securities class action stemming from alleged misstatements about its blood pressure drug Northera, the investor told a North Carolina federal court Friday.

  • May 27, 2016

    Water Polo Org Says Concussion Suit Misconstrues Law

    American water polo’s governing body on Friday moved a California federal court to dismiss a putative class action by a mother of an injured player claiming it didn’t do enough to prevent concussions, saying she misunderstands how California law assigns liability for injuries.

  • May 27, 2016

    Legal Saga Over $38B ETE, Williams Deal Heats Up

    The legal saga over Energy Transfer Equity LP’s and The Williams Cos. Inc.’s troubled $37.7 billion merger reached the boiling point Friday, with ETE revealing a counterclaim in Delaware state court that contends Williams is actually the one delaying the deal and argues it should be allowed to abandon merger. Here, a Law360 interactive graphic recaps the many twists since Williams spurned ETE’s advances last summer.

  • May 27, 2016

    ADT Faces Suit In Defective Home Security System Row

    ADT Security Services was hit with a proposed class action in California federal court Thursday by a man who claims his house was burglarized because his defective home security system failed to detect the breaking of a glass window.

  • May 27, 2016

    Facebook Fights Amended TCPA Suit Over Hack-Alert Texts

    The man leading a proposed class action claiming Facebook violated the Telephone Consumer Protection Act by sending unauthorized text message warnings still hasn’t proven they were generated automatically, which got his complaint nixed the first time around, the social media giant told a California federal judge Thursday.

  • May 27, 2016

    Merrill Lynch, Citi Hit In Class Action Over Cancer Co. IPO

    Merrill Lynch, Citigroup and others involved with a West Coast cancer-treatment company's $240 million initial public offering last year allegedly overstated its financial prospects, which led to a massive drop in its stock price, investors said in a putative class action filed on Wednesday in California state court.

  • May 27, 2016

    Lipitor Retailers Push 3rd Circ. To Revive Pay-For-Delay Claims

    Walgreen, Rite Aid and other retailers urged the Third Circuit Friday to revive claims that Pfizer paid Ranbaxy to postpone releasing a generic of the cholesterol drug Lipitor and said Pfizer’s argument that the case should go to the Federal Circuit if the district court’s dismissal is overturned is incorrect.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • Takeaways From Chelsea Therapeutics Post-Closing Action

    Philip Richter

    The Delaware Chancery Court’s decision in Chelsea Therapeutics Stockholder Litigation highlights that, as reflected in the trend of Delaware decisions over the past couple of years, there is only a narrow path to success in establishing liability of independent and disinterested directors in a post-closing damages action, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • How Best Buy Is Directly At Odds With Halliburton II

    John F. Harnes

    The Eighth Circuit's decision in Best Buy represents a pernicious legal analysis that distorts, if not contravenes, the consistent and precise guidelines carefully crafted by the U.S. Supreme Court, beginning with Basic and ending, at least for now, with Halliburton II, says John Harnes of Chitwood Harley Harnes LLP.

  • Ill. Appeals Court Ruling Could Mute TCPA Class Actions

    Bruce M. Lichtcsien

    In First Mercury Insurance v. Nationwide Security Services, an Illinois state appeals court called for a change in how attorneys' fees are calculated for Telephone Consumer Protection Act class actions, which could signal the death knell for profitable TCPA litigation in Illinois, says Bruce Lichtcsien at Hinkhouse Williams Walsh LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • The Risk Of Data Misuse By Health Care Co. Employees

    Tina Sciocchetti

    A recent decision from the Southern District of Florida highlights the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security. Data privacy and security policies and procedures should address and limit unauthorized access not only to external sources, but also to internal sources who may act outside the scope of their employment, say attorneys at Nixon Peabody LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.