A Pennsylvania federal judge on Wednesday denied a bid to certify a proposed class of indirect purchasers who are accusing Warner Chilcott PLC of making small tweaks to its severe acne medication Doryx as a tactic to stave off generics.
Even with Tuesday's $2.5 billion settlement agreement, Johnson & Johnson still faces thousands of hip implant lawsuits from plaintiffs who haven't replaced the device, setting up more skirmishes over the company's liability for pain and other injuries unrelated to follow-up surgeries.
The Supreme Court of New Jersey has declined to consolidate a group of product liability suits involving DuraPro brand toilet water supply lines under multicounty litigation, leaving the insurer plaintiffs to individually pursue claims that the lines caused property damage, according to a filing made available Wednesday.
Hertz Global Holdings Inc. was hit with a putative class action in New Jersey federal court Wednesday accusing it of misleading investors about its projected financial results and the spinoff of its Advantage Rent A Car unit, allegedly resulting in them paying inflated stock prices.
The plaintiffs bar faces a new test of its resilience as the U.S. Supreme Court considers whether to overturn a 1988 ruling that ushered in a golden era for securities class actions, attorneys say.
A Michigan judge on Wednesday ruled an American International Group Inc. insurer owed no coverage to an art auctioneering company that spent $2.9 million escaping multidistrict consumer fraud litigation over allegedly deceitful sales on cruise ships, saying the underlying claims predate the policy.
A lower court was correct to ask Cigna Corp. to make changes to its retirement plan in light of the U.S. Supreme Court’s 2001 ruling in a class action that a section of ERISA could allow such equitable remedies, the U.S. Secretary of Labor told the Second Circuit Tuesday.
American Superconductor Corp. agreed Wednesday to pay $10 million to settle a proposed investor class action alleging the company inflated its stock price by hiding a fallout with its largest client, a Chinese wind turbine manufacturer.
A Florida appeals court on Wednesday awarded nearly $4.25 million in attorneys' fees in a class action over the Florida Department of Agriculture's removal of thousands of residential citrus trees, rejecting the department's arguments that the amount was unreasonable and did not comply with state law.
A direct purchaser of South Korean noodles on Monday urged a California federal judge not to dismiss allegations that food distributor Sam Yang USA participated in a price-fixing scheme, arguing the company can't exit the proposed class action by arguing it isn't linked to a foreign defendant.
The Pennsylvania Supreme Court on Wednesday reversed a $2.3 million class action judgment against a law firm for collecting unapproved fees from delinquent taxpayers, ruling that a loan protection law does not allow for claims that do not involve the loan or use of money.
A putative class of shareholders in a flash memory storage company say its stock price was artificially inflated by executives’ false promises that Facebook Inc. and Apple Inc. were still buying the company’s products, according to a suit filed Tuesday in California federal court.
Costa Inc. was hit with a proposed class action in Rhode Island federal court on Wednesday, in which a shareholder alleges the extreme-sport sunglass lens maker undervalued its worth in its $270 million sale to eyeglass giant Essilor International SA announced earlier this month.
The Eleventh Circuit on Tuesday affirmed a district court's finding that international law required enforcement of arbitration in a putative class action brought by workers against Royal Caribbean Cruises Ltd., saying their arguments against the arbitration agreements weren't valid.
Agricultural and construction equipment maker Case New Holland Inc.'s lawsuit over a U.S. Equal Opportunity Employment Commission mass email allegedly aimed at recruiting class-action plaintiffs from CNH's workforce isn't ripe for review and the company won't suffer any hardship if the suit gets tossed, the commission said Monday.
Morrison & Foerster LLP took the unusual step Monday of seeking to bail on a corporate client over unpaid legal bills, telling a California federal judge that Bromley Tea Co. owes the firm nearly $85,000 for its defense of a false labeling class action.
New York City’s human rights agency said Wednesday that it will issue subpoenas to major retailers if they don’t provide information about the alleged “shop and frisk” racial profiling of black and Hispanic shoppers, shortly after Macy’s Inc. was hit with a class action containing similar allegations.
The NCAA was hit Tuesday with another putative class action in Minnesota federal court brought by players who claim the organization failed to protect them from serious head injuries suffered while playing college football, demanding medical monitoring benefits.
Jackson Lewis LLP will strengthen its bench of labor and employment litigators in San Francisco with the addition of a management-side class action specialist from Hunton & Williams LLP, the firm announced Monday.
A California federal judge on Tuesday ordered the U.S. Department of Defense to provide Army biological and chemical agent test subjects with new information about the substances to which they were exposed and the potential health risks, ruling the Army has an ongoing duty to warn the subjects.
Recently, the Third Circuit issued an opinion that addressed two clauses of the Class Action Fairness Act: the home state exception and the local controversy rule. While the case, Vodenichar v. Halcon Energy, was ultimately remanded to the district court, the opinion on the whole was not particularly remand-friendly or pro-plaintiff and deserves a closer read, says Jesse Morris of Weil Gotshal & Manges LLP.
The recent victory for defendants in Georgia-Pacific v. Farrar and the scope of the Maryland Court of Appeals' holding will be the subject of significant interest and debate in jurisdictions with asbestos dockets across the country as litigants strive to expand or restrict its reach to suit their respective interests, say Michael Haslup and Jonathan Singer of Miles & Stockbridge PC.
The Telephone Consumer Protection Act is relevant to any business that uses a telephone to communicate with the public, and even to businesses that outsource telephone communication functions to third-parties. Businesses should follow TCPA developments because government enforcement and private lawsuits under the act are on the rise, and the damages and settlement amounts in such cases can be quite large, say attorneys with Bingham McCutchen LLP.
Recently in consumer class actions asserting deceptive labeling of products, federal courts have allowed plaintiffs to take advantage of the class action mechanism by certifying narrower classes and claims. These decisions from New York and California not only signal a general willingness of courts to interpret Rule 23 liberally but also provide cold comfort to companies defending similar claims, say Michael Mallow and Livia Kiser of Loeb & Loeb LLP.
The Delaware Chancery Court decision In re MFW Shareholders Litigation has the potential to benefit both controlling and minority shareholders because it will encourage controlling shareholders to structure bids with the maximum procedural protection for the minority while allowing controlling shareholders to escape the cost and uncertainty of litigation under the entire fairness standard, say Joel Haims and James Beha II of Morrison & Foerster LLP.
A Pennsylvania court’s recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers might mean that large corporate policyholders will now reject the insurer’s tendered defense and instead hire expensive law firms to furnish their own defense. Large defense bills for the insurer logically will follow, says Joshua Mooney of White and Williams LLP.
Two significant takeaways from the Third Circuit's recent ruling in Carrera v. Bayer Corp. bear noting: The appellate court not only determined that the U.S. Supreme Court’s “rigorous analysis” requirement applies to ascertainability but also declared that defendants have a fundamental due-process right to challenge individuals’ membership in a class, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
As the D.C. Circuit explained in Rail Freight Fuel Surcharge Antitrust Litigation, corporations facing consumer class actions stand to benefit significantly from the Supreme Court’s ruling in Comcast v. Behrend. Certification absent classwide proof of both injury and damages is now tantamount to certifying a class without predominance, undoubtedly an appealable issue, says Dennis Ellis of Paul Hastings LLP.
It took the better part of two decades for the crucial holding of Virginia Bankshares Inc. v. Sandberg to be well understood and widely applied by the circuit courts. The case of Indiana State District Council of Laborers v. Omnicare represents a step backward in this analysis. Hopefully, other circuit courts will decline to follow the Sixth Circuit in its abrupt wrong turn, and the Supreme Court will eventually clarify its Virginia Bankshares decision, says Claire Loebs Davis of Lane Powell PC.
Deleted digital evidence can have a tremendous impact on the outcome of a trial, and understanding the most common levels of deleted files and the difficulty and cost of retrieving and producing those files is key for litigators. It will empower a requesting party to make specific requests that could be deemed reasonable, and producing parties can use this information to calculate the time and cost involved in their response, says Ken Mendelson of Stroz Friedberg.