Class Action

  • August 24, 2016

    Calif. Theranos Actions Combined Into Single Suit

    A California federal judge has consolidated six proposed class actions against embattled blood-testing startup Theranos Inc. and Walgreens Boots Alliance Inc. alleging fraud and false advertising over the accuracy of the laboratory’s blood test results after determining consolidation would “save time and effort.”

  • August 24, 2016

    Twitter Hit With Publicity Suit Over Profile-Trading Game

    Social media giant Twitter Inc. and an online gaming company were slapped with a putative class action Wednesday in California federal court alleging an app that lets users buy and trade real Twitter users' full names and profile pictures "as if they were baseball cards" violates users' publicity rights.

  • August 24, 2016

    TIAA Pays $2.9M To Settle ERISA Class Action Claims

    A Vermont federal judge preliminarily approved a proposed $2.9 million agreement Wednesday to settle allegations that retirement investment manager TIAA violated the Employee Retirement Income Security Act by delaying investors' transfer and withdrawal requests and using the delay to generate returns that it kept for itself.

  • August 24, 2016

    Ind. Homeowners Demand Johnson Controls' Vapor Test Data

    Hoosier State homeowners suing Johnson Controls Inc. over alleged groundwater contamination asked an Indiana federal court Tuesday to force the conglomerate to produce the results of an underground vapor sampling taken in their neighborhood, saying withholding the information could be dangerous.

  • August 24, 2016

    Class Waiver Battle Appears Destined For Supreme Court

    The Ninth Circuit widened a split among appeals courts Monday when it ruled Ernst & Young LLP can’t force employees to pursue work-related claims individually, increasing the likelihood the U.S. Supreme Court will weigh in on the hot-button issue.

  • August 24, 2016

    Uber’s Bid To Arbitrate Lyft Dispute Faces Red Light

    A California Superior Court judge said Wednesday she would probably deny Uber’s bid to arbitrate claims it used fake Lyft accounts to request rides and send drivers from the rival company on “wild goose chases,” finding contracts the lead plaintiff signed as an Uber driver didn’t affect his case as a Lyft driver.

  • August 24, 2016

    Starbucks' Deal Wraps Up Sandwich Overcharge Class Action

    A California judge on Wednesday signed off on Starbucks' deal to give nearly 180,000 customers refunds to end a class action alleging the coffee seller misleadingly advertised prices for two of its breakfast sandwiches that were lower than what the workers actually charged.

  • August 24, 2016

    Judge Asked To Deny KBR’s Discovery Bid In Burn Pit MDL

    Military personnel asked a Maryland federal judge Wednesday to deny KBR Inc.’s motion for them to respond to certain discovery requests in multidistrict litigation contending service members were exposed to toxic fumes from a burn pit the defense contractor allegedly operated in Iraq, arguing that it would impose “an enormous burden” on them.

  • August 24, 2016

    IT Giant Wipro Beats Class Claims In Calif. OT Suit

    India-based information technology firm Wipro Ltd. won’t have to face class claims that it cheated its computer support employees out of overtime pay after a California federal judge ruled Tuesday that the workers’ tasks were too disparate to determine who would fall under an overtime pay exemption.

  • August 24, 2016

    Kelly Services Loses Arbitration Bid In Employees' FLSA Suit

    Outsourcing and consulting firm Kelly Services Inc. couldn't enforce an arbitration agreement against employees alleging Fair Labor Standards Act violations, a Michigan federal judge said Wednesday, and he granted conditional collective certification to workers who say they aren't paid overtime for time spent logging on and off their computers.

  • August 24, 2016

    Prudential Pays $33M To End Unpaid-Policy Shareholder Suit

    Prudential Financial Inc. has agreed to pay $33 million to end a shareholder class action alleging the insurer's stock values tumbled when it revealed it had held onto money that should have been paid to policy beneficiaries or state unclaimed property funds, according to a settlement motion filed in New Jersey federal court Wednesday.

  • August 24, 2016

    New GM Can Argue Old GM Ignorance Of Ignition Defect

    The New York federal judge overseeing bellwether trials over GM’s ignition-switch defect said on Wednesday that New GM can retry the question of whether Old GM should have known about the defect before its 2009 bankruptcy, rejecting a driver’s bid to hold off on a redo.

  • August 24, 2016

    Drugmaker MannKind Beats Shareholder Securities Suit

    A California federal judge on Tuesday tossed a shareholder suit accusing specialty pharmaceutical company MannKind Corp. of issuing false or misleading statements in connection with poor sales of its lone product, a diabetes drug, saying investors failed to prove the company did so.

  • August 24, 2016

    Ad Co. Execs Elude Investors Claiming Software Lies, For Now

    A California federal judge dismissed a shareholder derivative suit against officers and directors at artificial-intelligence-driven advertising company Rocket Fuel during a hearing Wednesday, but said she'd let the investors file an amended complaint to add necessary details about allegations executives lied that their software was fraud-proof.

  • August 24, 2016

    Shell Can't Duck Crude Manipulation Suit, Judge Told

    Two Royal Dutch Shell PLC affiliates accused of manipulating crude market prices cannot use the Second Circuit’s recent nix of aluminum futures price-fixing claims to escape the allegations the pair face, landowner and derivatives trader plaintiffs told a New York federal court Wednesday.

  • August 24, 2016

    Attys OK'd For $19M In Fees For 'Hot Fuel' MDL Settlements

    A Kansas federal judge on Wednesday signed off on $18.9 million in attorneys' fees related to 29 settlements in multidistrict litigation that resolved allegations that oil companies and fuel retailers overcharged consumers for gasoline that expanded on hot days.

  • August 24, 2016

    Planet Fitness Wants Trims In Member Agreement Suit Kept

    Planet Fitness Inc. on Tuesday urged a New Jersey federal judge not to rethink a decision to toss most of the claims in a putative class action alleging the gym chain’s membership agreements violate state consumer protection laws.

  • August 24, 2016

    Target Faces Class Action Claiming Its Aloe Gel Has No Aloe

    A consumer slapped Target with a proposed class action in California federal court Tuesday alleging the retailer touts an aloe vera gel as containing “pure aloe vera” when the product actually lacks the popular ingredient.

  • August 24, 2016

    C&J Gets $500K Damages Award, Merger Challenge Is Tossed

    A suit challenging the 2015 merger of C&J Energy Services Inc. and Nabors Industries Ltd. was dismissed on Wednesday by a Delaware chancery judge who also awarded C&J more than half a million dollars in damages to cover the company’s expenses incurred by shopping around for a better deal.

  • August 24, 2016

    CH Robinson Gets Nod On $1M Deal To End OT, Wage Suit

    A California federal judge on Wednesday approved a $1 million class action settlement between transportation firm C.H. Robinson Co. and a group of employees for $1 million, putting an end to a case that alleged overtime and wage statement violations.

Expert Analysis

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • Calif. High Court Goes Against The Arbitration Grain

    E. Martin Estrada

    The California Supreme Court's recent decision in Sandquist v. Lebo Automotive will likely have a major impact on class action and arbitration litigation. Given the Golden State’s economic prominence, those doing business in California would be wise to take heed of Sandquist in considering how to craft and carry out their arbitration agreements, say Martin Estrada and Bethany Kristovich at Munger Tolles & Olson LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Spokeo Making Its Mark On No-Injury Privacy Class Actions

    Greg Herbers

    Applied correctly, the U.S. Supreme Court's Spokeo decision should spell an end to the recent glut of data security lawsuits where many — if not most — plaintiffs cannot allege concrete harm. In several recent cases, Spokeo has stopped such lawsuits in their tracks, says Greg Herbers, a staff attorney at Washington Legal Foundation.

  • The Evolution Of Diacetyl-Related Litigation: Part 2

    Sherry A. Knutson

    The history of diacetyl litigation began when respiratory disease was discovered in nine workers at a Missouri microwave popcorn processing plant back in 2000. Today, there are several new players to the game including the growing industry of e-cigarettes and the accompanying liquids, which may be the next target in diacetyl and acetyl propionyl litigation, say Sherry Knutson and Jennifer Steinmetz at Tucker Ellis LLP.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • The Evolution Of Diacetyl-Related Litigation: Part 1

    Sherry A. Knutson

    For over a decade, plaintiffs attorneys have targeted the flavoring chemical diacetyl in a series of national lawsuits. In recent years, however, plaintiffs have shifted their focus to new industries and alternative chemicals, say Sherry Knutson and Jennifer Steinmetz at Tucker Ellis LLP.

  • Time For A Timeout In TCPA Litigation

    Michael P. Daly

    Plaintiffs lawyers are trying to push Telephone Consumer Protection Act cases forward as quickly as possible, as they are correctly concerned that portions of the Federal Communications Commission’s 2015 order will be undone in the D.C. Circuit case set for argument on Oct. 19. But that very possibility weighs in favor of temporarily staying proceedings while that regulatory appeal plays out, say attorneys with Drinker Biddle & Reath LLP.

  • Beware The 'Standard' Mediation Confidentiality Agreement

    Jeff Kichaven

    There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.