The Tenth Circuit on Monday denied an en banc rehearing of its partial revival of Employee Retirement Income Security Act class claims against Embarq Corp. and others but said a panel of judges will hear argument to decide whether the ERISA claims are time-barred.
Takeda Pharmaceutical Co. Ltd. has agreed to pay up to $2.4 billion to resolve the "vast majority" of product liability suits over its diabetes drug Actos, which plaintiffs have claimed can increase the risks of developing bladder cancer, the Japanese drugmaker confirmed Tuesday.
Target Corp.'s bid to quickly exit litigation over its 2013 data breach has been complicated by a new challenge financial institutions have initiated over its $19 million settlement with MasterCard, a development signaling that the battle over how breach costs will be allocated is just getting started, attorneys say.
The Ninth Circuit on Tuesday voted 2-1 not to revisit its decision to revive a proposed class action accusing Schwab Investments of making risky bets on collateralized mortgage obligations despite policies outlined in investment guidelines.
Wells Fargo Insurance Services USA Inc. agreed to pay $2 million to settle a putative class action accusing it of stiffing account executives on overtime pay, according to the proposed settlement filed in California federal court Monday.
Ocwen Financial Corp. and Assurant Inc. have agreed to pay $140 million to settle a putative class action in Florida federal court with homeowners who say Ocwen artificially inflated the cost of premiums for forced-placed insurance in exchange for kickbacks from Assurant.
A New York federal judge on Tuesday tossed a set of racketeering claims brought against SAC Capital Advisors LP by investors in Elan Corp. Ltd. and Wyeth LLC, finding the investors had no basis to bring the claims because they weren’t specifically named as victims in SAC’s guilty plea for insider trading.
A California federal judge ruled on Monday that a proposed shareholder class action against billionaire Elon Musk and other executives at SolarCity Corporation didn’t allege securities violations in enough detail to proceed.
A Louisiana federal judge has ordered Wal-Mart Stores Inc. to turn over documents and provide deposition testimony on whether any Taishan Gypsum Co. Ltd. affiliates violated a contempt order by conducting business in the United States, in multidistrict litigation over the Chinese company's allegedly defective drywall.
A California federal judge said Monday that Quicken Loans Inc. didn’t violate the state’s Invasion of Privacy Act when recording a phone conversation with the lead plaintiff of a proposed class action because the man consented to the recording.
A Michigan federal judge on Tuesday certified a class of auto plant retirees fighting the termination of their health care plan by TRW Automotive Holdings Corp., saying certification is appropriate because the approximately 100 class members seek to enforce the same collective bargaining agreement.
Stryker Corp. and its subsidiary Howmedica Osteonics Corp. on Monday agreed to pay $3 million to settle claims they failed to reimburse a class of sales representatives for business expenses, according to a settlement filed in a California federal court.
Bayer AG will pay $500,000 to settle a proposed class action alleging that it falsely advertised a vitamin to Florida consumers under a deal approved Monday in New Jersey federal court, ending a long legal battle that led to a precedential appeals ruling on class ascertainability.
A Louisiana federal judge concluded Monday that a plaintiff in ongoing medical benefits class action over the BP PLC Deepwater Horizon disaster is entitled to a jury, setting the stage for BP to potentially face thousands of jury trials involving personal injury claims.
The Ninth Circuit on Monday said a suit targeting The Boeing Co. and its environmental-remediation contractor Landau Associates Inc. over alleged groundwater contamination from a Washington-based plant belongs in federal court, reversing an order sending the dispute to a state court.
A California appellate court on Monday upheld an order denying now-defunct law firm Nordman Cormany Hair & Compton LLP's bid to compel arbitration of a trailer park’s legal malpractice suit, saying an arbitration agreement cannot be applied retroactively for legal services provided four years earlier.
A D.C. federal judge on Friday approved a $5.25 million settlement between a group of former US Airways Group Inc. pilots and the airline’s pension plan trustee over accusations it takes too long to hand out lump-sum benefits, six months after the judge revealed that a deal was in the works.
The National Milk Producers Federation must face a class of consumers seeking up to $4 billion on claims that the dairy association stifled competition and inflated milk prices, after the U.S. Supreme Court on Monday refused to consider National Milk's appeal of the class certification.
A federal magistrate judge on Friday refused to hold off on deciding how much the National Collegiate Athletic Association owes in fees to attorneys for student-athletes who accused them of antitrust violations until after the Ninth Circuit rules on the case.
A Pennsylvania state judge ruled Friday that a Red Robin restaurant franchisee must face a class action alleging it improperly included kitchen workers in servers’ tip pools, clarifying that customer interaction is relevant to determining the threshold for which employees can participate in tip pools.
A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.
For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.
It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.
The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.
On March 18, a federal judge in San Diego issued an eagerly anticipated ruling on a motion to dismiss filed by Fifth Generation Inc. — the producer of Tito’s Handmade Vodka. In issuing its ruling, the court became the first to offer an opinion on the merit of claims made in numerous similar cases filed across the country against a number of spirits producers, say Thomas Cunningham and Simon Fleischmann of Locke Lord LLP.
Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.
A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.
What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.
While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.