A Metropolitan Life Insurance Co. agency sent junk faxes without the required opt-out notices to at least 40 people in violation of the Telephone Consumer Protection Act, according to a putative class action filed Tuesday in California federal court.
Consumer reporting agency General Information Services Inc. sued a pair of Chubb Group insurers in Pennsylvania on Monday over their refusal to cover the settlement of a long-running class action accusing it of illegally divulging arrest record information to a potential employer.
A Staten Island man recently hit Rite Aid Corp. with a proposed class action in New York federal court, alleging the pharmacy chain falsely advertises that its store-brand glucosamine and chondroitin supplements can ease arthritis symptoms, despite overwhelming scientific evidence to the contrary.
Public documents for Violin Memory Inc.'s $146 million initial public offering concealed the data storage firm's revenue and sales issues stemming from the U.S. government fiscal crisis, according to a Tuesday class action that lists J.P. Morgan Securities LLC and other bank underwriters as defendants.
A Tokyo-based manufacturer of car lights that allegedly conspired with competitors to rip off U.S. automakers by fixing the prices of a headlamp component has agreed in a plea deal to pay a $1.44 million criminal fine, the U.S. Department of Justice said Wednesday.
The Canadian government has been hit with twin class actions over a mass postal mailing that marked recipients as medical marijuana users, allegedly revealing private health information and threatening the employment and physical security of 40,000 class members.
The business development techniques necessary to sell to women are different than those needed to sell to men. With more women in senior leadership roles in legal departments, firms need to make it an aspect of their business development coaching for partners, says Grace Speights, managing partner of Morgan Lewis & Bockius LLP's Washington, D.C., office and leader of the firm's employment practice.
A California federal judge on Tuesday refused to dismiss claims against Hewlett-Packard Co. CEO Meg Whitman in a shareholder class action over the company's $11 billion acquisition of British software company Autonomy Corp., finding evidence she may have misled shareholders over the purchase. (Correction: An earlier story omitted information about shareholder claims continuing against Whitman and misstated the case caption. These errors have been corrected.)
The Securities Industry and Financial Markets Association on Friday asked the Ninth Circuit to rule that life insurers bringing a securities suit against Countrywide Financial Corp. and its parent Bank of America Corp. over a mortgage-backed securities deal gone bad were too late.
A group of former Conde Nast Publications interns asked a New York federal court Tuesday to conditionally certify a class of interns who say they were not paid minimum wage for all hours worked, noting the court only needs to preliminarily determine that others may be similarly situated.
The Second Circuit accepted two appeals Thursday that could shed light on the standard for determining if unpaid interns qualify as “employees” under wage-and-hour laws, agreeing to hear challenges to class certification decisions from Fox Entertainment Group Inc. and former interns who sued Hearst Corp for wages.
The former NHL players suing the league over its handling of concussions face the same daunting obstacles as their NFL counterparts, attorneys say: a string of collective bargaining agreements that could boot their claims out of court, and potential difficulty linking their symptoms to hits they took during their professional careers.
Residential Capital LLC received final approval from a New York bankruptycy judge on Tuesday for its settlement with a class of mortgage loan borrowers, a deal that reduces the class' $1.9 billion in claims to a $300 million allowed claim against a ResCap unit.
Women who brought a regional gender bias lawsuit against Wal-Mart Stores Inc. following the U.S. Supreme Court's Dukes ruling urged a Florida federal court to allow a quick appeal of the dismissal of their class claims, arguing that recent high court precedent had changed the legal landscape.
The widow of a Bristol-Myers Squibb Co. employee filed a putative class action against the company Tuesday, accusing it of taking out a $6 million insurance policy against her husband without his knowledge or consent.
A PVR Partners LP investor filed a class action in Pennsylvania federal court Tuesday, alleging that PVR's proposed $5.6 billion merger with competitor Regency Energy Partners LP is inadequate and unfair, and that the companies intentionally misled shareholders to get their approval for the deal.
A California federal judge on Monday entered judgment in favor of Apple Inc. in a class action brought by a group of iPhone and iPad users who said their devices leaked personal data to third parties, holding that the plaintiffs lacked standing to pursue their claims.
A group of home-care providers for Medicaid recipients in Illinois who are challenging a state regulatory scheme that requires them to pay fees to a union urged the U.S. Supreme Court on Friday to overturn its precedent allowing mandatory union fees in the public sector.
A New York federal judge on Tuesday refused to toss a $153.3 million award against Hebei Welcome Pharmaceutical Co. Ltd. and North China Pharmaceutical Group Corp. in a class action over vitamin C price-fixing claims, finding a jury wasn't improperly blocked from evidence.
Businesses and individuals claiming property and economic loss from the Deepwater Horizon spill have received more than $3.7 billion in settlement funds from BP PLC, with an additional $1.2 billion scheduled for payment, according to a status report lodged in Louisiana federal court Monday.
While the NFL's recent $765 million settlement of concussion-related lawsuits brought by more than 4,500 retired players and their families has been widely reported as an unmitigated victory for the league, the reality is more complex and provides insight into some of the reasons that settlement can prove advantageous, says David Lieberman of Day Pitney LLP.
Although most insurance companies now offer separate cyber insurance specific to the risk of a data breach, one recent study indicates that fewer than one-third of companies have purchased such policies. The question that the remaining two-thirds of companies are wrestling with is whether they need this additional coverage, say Maria Vathis and David Zetoony of Bryan Cave LLP.
While reliance on outside counsel will continue, only 13 percent of companies recently surveyed indicated that increasing the use of outside counsel was of high importance in addressing increases in legal demand. The trend, more notably since the economic crisis of the late 2000s, has been on rigorous management of outside counsel costs — 95 percent of survey participants said they are taking measures to reduce outside counsel spending, says Lauren Chung of HBR Consulting LLC.
Prudent companies should examine not just whether their disclosure controls related to social media channels are compliant with Regulation FD, but also whether they have properly structured them so that the company is protected from disclosure events that could lead to Rule 10b-5 fraud or insider trading claims, says Terrell Gilbert Jr. of Arnall Golden Gregory LLP.
The Third Circuit recently held that plaintiffs asserting a claim under the Securities Act of 1933 do not need to plead with particularity compliance with the statute of limitations, easing the standard for measuring the limitations period in plaintiffs’ favor. However, there is a clear spilt among the circuits regarding the issue, which could trigger U.S. Supreme Court review in the future, say John Stigi and Sarah Aberg of Sheppard Mullin Richter & Hampton LLP.
As recent decisions dismissing Avandia class actions highlight, defendants should be familiar with the essential elements of consumer class actions involving pharmaceuticals, such as the requirements for a plaintiff to state a cognizable claim and what is and is not considered as having alleged causation, says Jessica Rickabaugh of Pepper Hamilton LLP.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
Two recent decisions dismissing antitrust claims against health care and property insurers serve as a reminder that the filed rate doctrine remains a potentially powerful defense for insurers when plaintiffs seek damages based on rates approved by a regulatory authority, say Donald Hawthorne and Evan Lee of Axinn Veltrop & Harkrider LLP.
It is a good strategy for a securities class action defendant to thoroughly argue lack of falsity, even if there are better alternative grounds for dismissal, and even if the challenge to falsity is unlikely to be successful as an independent grounds for dismissal. This is for the simple reason that judges are humans — they will feel better about dismissing a case based on other grounds if you can make them feel comfortable that there was not a false statement to begin with, says Douglas Greene of Lane Powell PC.
Recently, the U.S. District Court for the District of New Jersey has further opened the door to the certification of class actions under the Telephone Consumer Protection Act in A&L Industries v. P. Cipollini Inc. New Jersey TCPA plaintiffs will now likely avoid state courts and seek class certification in federal court as these class actions may bring larger awards, say attorneys with Day Pitney LLP.