Copyright enforcement group Rightscorp Inc. was hit with a class action Friday accusing it of violating consumer protection laws and issuing objectively baseless Digital Millennium Copyright Act subpoenas to online downloaders.
Burger King Worldwide Inc. has agreed to pay $8.5 million to settle a real estate company’s class action alleging the fast food giant sent unsolicited faxes to almost 100,000 recipients in violation of the Telephone Consumer Protection Act, according to documents filed Friday.
Bondholders seeking to revive antitrust claims in multidistrict litigation against several major banks for allegedly rigging the London Interbank Offered Rate told the U.S. Supreme Court that a district court’s dismissal of their claims allows them the right to an immediate appeal without waiting for broader MDL litigation to conclude.
Investors in a putative class action against Chinese drugmaker Jiangbo Pharmaceuticals Inc. argued Friday in Miami that the Eleventh Circuit should reverse a lower court's dismissal of their case against the company's former chief financial officer and former auditing firm for failure to adequately plead their claims.
A Georgia special master on Friday recommended that Delta Air Lines Inc. pay $1.8 million to plaintiffs for failing to send over all relevant evidence during discovery in a putative class action accusing the airline and AirTran Airways Inc. of colluding to fix baggage fees.
Costco Wholesale Corp. on Thursday removed to federal court a putative class action on behalf of some 28,000 California employees who allege wage theft and unpaid overtime wages, among other labor violations, saying the suit could cost the warehouse retailer more than $162 million.
A Massachusetts federal judge on Friday narrowed the plaintiffs’ theories in a pay-for-delay case against AstraZeneca PLC and two generic producers over the heartburn drug Nexium, ruling there wasn’t enough evidence to find that the generic companies had conspired together.
A California federal judge on Thursday promptly shot down a request to reconsider her decision granting gym chain Crunch San Diego LLC a pretrial win in a proposed class action accusing it of violating the Telephone Consumer Protection Act by spamming its members’ cellphones with promotional text messages.
General Motors told a New York federal court on Friday that it only wants to submit discovery documents that are related to claims that the automaker hid key details about its defective ignition switches, and not years of employee records, in multidistrict litigation related to a massive recall earlier this year.
A Massachusetts federal judge on Friday vacated a set of electronic orders granting final approval to $590 million in settlements in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low, just hours after issuing a set of orders approving the settlement and a request for attorneys’ fees.
Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.
Securing multiple settlements of more than $100 million for institutional shareholders that challenged mergers and other corporate governance decisions, Stuart Grant of Grant & Eisenhofer PA earned a spot on Law360’s list of Class Action MVPs.
A federal judge wrongly dismissed a putative class action against Yahoo Inc. after concluding that unsolicited text messages sent to a Philadelphia man could not be counted as a computerized, unsolicited phone call under the Telephone Consumer Protection Act, a Third Circuit panel heard during oral arguments Friday.
A California federal judge on Thursday refused to toss a proposed class action accusing Nutronics Labs Inc. of falsely extolling the myriad health benefits of its deer antler velvet supplements even though studies show they are only effective when injected, saying the claims weren’t time-barred or inadequately pled.
A New York federal judge on Friday granted final approval to Apple Inc.’s $450 million settlement with consumers over claims it conspired with publishers to raise e-book prices, a deal that includes a $30 million award for the plaintiffs’ lawyers.
Oiltanking Partners LP and its board of directors were hit with a putative class action in Texas federal court Thursday accusing them of pushing through a $6 billion two-step merger with pipeline company Enterprise Products Partners LP that stiffs unitholders.
A New York federal jury on Friday found a former Longtop Financial Technologies Ltd. executive liable for recklessly making misstatements about the Chinese software company’s financial health, marking a victory for investors in a rare class action trial.
Target Corp. on Thursday doubled down on its bid to dismiss class action litigation brought by customers over the retailer's massive data breach, arguing consumers have failed to show that any fraudulent charges can be traced to the intrusion.
A Massachusetts federal judge on Friday granted final approval to $590 million in settlements and a $200 million attorneys' fee in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and other private equity firms teamed up to keep leveraged buyout prices low, moving the long-running suit toward completion.
A Louisiana federal judge on Thursday threw out a proposed class action alleging that Takeda Pharmaceutical Co. and Eli Lilly & Co. ripped off taxpayers by hiding the risks of their diabetes drug Actos, after the Arkansas Supreme Court ruled the drug was properly prescribed by doctors.
Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.
The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of docementation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.
When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.
The Video Privacy Protection Act is making itself felt in a recent wave of class actions against media companies such as Hulu LLC, Redbox Automated Retail LLC and Cartoon Network over their alleged disclosure of consumer viewing habits. Importantly, the statute — like the Telephone Consumer Protection Act — does not require actual damages, say attorneys with Paul Hastings LLP.
Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.
Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.
Federal courts remain sharply divided on a fundamental issue in securities litigation — whether, after the Securities Litigation Uniform Standards Act, class actions asserting claims under the Securities Act may be removed to federal court. A careful statutory analysis, however, makes clear that the SLUSA does permit removal of such actions, say Maeve O’Connor and Elliot Greenfield of Debevoise & Plimpton LLP.
The removal and remand saga in Doyle v. OneWest Bank FSB, a class action originally filed in California Superior Court where the named plaintiffs purported to represent a nationwide class allegedly harmed by lender-placed insurance, is but one example of the larger issues inherent in the ongoing interpretation of the Class Action Fairness Act, say attorneys with BuckleySandler LLP.
Jim Aana v. Pioneer Hi-Bred International Inc. should be used as a guideline for challenging the use of experts in "fugitive dust" claims under Rule 403 when expert testimony and other evidence of health and environmental effects have minimal relevance to a plaintiff's claims and risk confusing the jury while unnecessarily increasing the complexity and length of the trial, says Sean Patterson of Sedgwick LLP.