SeaWorld asked a California federal court on Wednesday to dismiss the latest complaint from a proposed class of investors accusing the theme park operator of failing to tell shareholders that its drop in attendance had been caused by a 2013 documentary, saying the claim still comes up short in linking the movie to corporate performance.
U.S. Sen. Richard Blumenthal is pressing National Hockey League Commissioner Gary Bettman for answers about the league’s stance on concussions, amping up public and political pressure on the sport as it faces sweeping multidistrict litigation over head injuries.
An Iowa federal judge has preliminarily approved a $3.8 million class action settlement in an excessive-fee lawsuit brought against Transamerica Corp. by some of its employees, who claimed the company did not live up to its fiduciary duty with its 401(k) plan.
AOL Inc. was abruptly dropped Thursday from a shareholder suit alleging financial disclosure violations before the company’s $238 million merger with Millennial Media Inc., after a Delaware vice-chancellor warned he was struggling to see any reason to keep the company in the case.
A federal judge in Texas on Wednesday granted conditional certification to a class of Schlumberger Technology Corporation employees who claimed the oil and gas company failed to pay them overtime, in violation of the Fair Labor Standards Act.
Netflix Inc. on Wednesday was hit with a proposed class action in California federal court claiming that its plan to raise monthly prices on 22 million “grandfathered” customers goes against the company's alleged promise that they had a lifetime guarantee of being charged $7.99 per month.
The U.S. Chamber of Commerce and two investment industry groups have urged the Supreme Court to review whether Cyan Inc. shareholders alleging initial public offering misrepresentations can bring claims in California state court, saying federal law bars such securities claims from the state level.
A group of delivery drivers from across the country slapped Grubhub with a proposed class and collective action suit on Tuesday, alleging the online food ordering company stiffed them out of minimum wage and overtime pay by classifying them as independent contractors.
Taiwanese auto parts maker Jui Li Enterprise Co. Ltd. agreed to pay $650,000 to end indirect purchasers' claims in in a proposed class action alleging the company and other manufacturers conspired to fix prices of car parts, according to documents filed on Wednesday in Wisconsin federal court.
The Third Circuit on Wednesday upheld a pretrial judgment victory for Brother International Corp. in a consumer-fraud class suit claiming its printers did not deliver the advertised amount of use from color toner cartridges, finding a lack of evidence.
A California solar company on Wednesday urged a federal court to deny class certification in a case accusing the company of making robocalls to more than 220,000 people in violation of the Telephone Consumer Protection Act, arguing that the company didn’t know it was calling cellphones.
Two California consumers have slapped a $5 million putative class action suit against a Massachusetts-incorporated timeshare company with operations in Florida, saying the company used high-intensity sales tactics and misinformation to pressure them into buying a timeshare contract in its vacation ownership program.
An Illinois federal judge held Wednesday that Racketeer Influenced and Corrupt Organizations Act claims over Abbott Laboratories' alleged off-label promotion of seizure drug Depakote fail because two health benefit plans didn’t show a sufficiently direct link between the company’s misrepresentations and their injuries.
Brazilian oil giant Petrobras asked the Second Circuit on Wednesday to slam the brakes on a rapidly approaching shareholder trial in New York district court, saying an expedited appeal of its challenge to class certification won’t be decided until that trial is over, increasing the pressure to settle the “massive” suit.
An Affymetrix shareholder will settle proposed class claims alleging the biotech’s $1.3 billion buyout by Thermo Fisher resulted from a curtailed sales process due to a conflict of interest with its financial adviser, Morgan Stanley, according to a letter in California federal court.
The Second Circuit on Thursday overturned Visa and Mastercard’s $7.25 billion antitrust settlement with retailers over swipe fees, finding that merchants who would accept the cards after the settlement date were not adequately represented.
A California federal judge on Wednesday tentatively dismissed a putative class action from condo owners claiming air conditioners made by a Daikin unit are defective and require repairs, but indicated she’d grant a fourth chance to make claims based on a warranty the owners only recently obtained.
Bristol-Myers Squibb Co. and Sanofi-Aventis U.S. LLC on Wednesday were denied a bid to hold Hawaii to a discovery coordination agreement in multidistrict litigation over allegedly misleading marketing of the blood thinner Plavix, according to New Jersey federal judge’s order.
A New York federal judge on Wednesday appeared skeptical that the harm alleged by consumers accusing an NBA video game maker of unlawfully collecting and retaining scans of their faces was enough to meet the standing threshold recently established by the U.S. Supreme Court, as he repeatedly pressed plaintiffs’ counsel to detail an actual injury.
An investor hit Ambac Financial Group Inc. with a proposed class action in New York federal court on Tuesday, accusing the bond holder and its executives of misleading investors about its public finance bond portfolio including $2.5 billion in Puerto Rican bonds, saying the company failed to disclose its true loss exposure.
A lack of clarity on the ascertainability standard for class actions among the circuits means practitioners are faced with varying standards based on the circuit in which their cases lie. Decisions such as the Eighth Circuit's in Sandusky Wellness Center v. Medtox Scientific lower the bar for plaintiffs seeking class certification, say attorneys at Troutman Sanders LLP.
Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.
Plaintiffs attorneys have recently begun suing retailers for advertising products as discounted in outlet stores when those products were not sold at full price in nonoutlet stores. However, the decisions issued to date show that different federal courts have reached somewhat different conclusions, say attorneys at K&L Gates LLP.
Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.
Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.
The increase in the volume of securities class actions over the 2006-2015 period has been associated with indicators of low-quality cases, which appear to have been litigated disproportionately by a group of firms that until 2009 had a relatively small share of the federal securities class action market, say Michael Klausner and Jason Hegland of Stanford Law School.
In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.
Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.
With all eyes on the U.S. Supreme Court, litigation lawyers may have glanced quickly at important cases coming from the lower courts and providing guidelines on confidentiality orders, picking off plaintiffs, the treatment of buried disclosure in securities litigation, and antitrust pleadings, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
Class action defendants litigating in an inconvenient forum should consider presenting arguments in favor of transferring the action to another venue, as a successful venue motion can deflate some momentum that the class might appear to have at the outset of the case, says Cathy Moses at Irell & Manella LLP.