The U.S. Supreme Court on Monday refused to hear Bridgestone Retail Operations LLC’s bid to overturn a California Supreme Court ruling that found Private Attorneys General Act claims cannot be waived in employment arbitration agreements, letting stand a precedent established by the landmark Iskanian ruling.
Phoenix Life Insurance Co. has agreed to pay $42.5 million and freeze its “cost of insurance” rates for five years to resolve allegations that the company unfairly raised rates on premium-adjustable universal life insurance policies, according to documents filed Friday in New York federal court.
A Pennsylvania state judge has tossed a proposed class action accusing the University of Pittsburgh Medical Center of failing to safekeep its employees’ personal information that was stolen during a data breach, saying that the employees couldn’t sue for damages since they sustained only economic losses.
Philips Electronics North America Corp., Panasonic Corp., Samsung SDI Co. Ltd. and two other electronics makers have agreed to pay $528 million to settle class action claims that they fixed cathode ray tube prices, indirect purchasers said Friday.
The Eleventh Circuit ruled Friday that delivery service DHL Express (USA) Inc. does not have to face an employee's claims that it laid off numerous workers at a Birmingham, Alabama, facility without proper notice, saying that a lower court correctly ruled that the minimum threshold to qualify as a mass layoff was not met.
A Florida federal judge gave up overseeing a proposed class action over a health care data breach Friday after receiving a letter from the defendants telling her that her own information had been accessed in the incident.
A California federal judge threw out a proposed class action Friday claiming AOL Inc. violated the Telephone Consumer Protection Act by allowing its instant messaging service to send unwanted texts, saying in a prehearing order that the privacy law didn't apply to the messages.
A New York federal judge blasted Labaton Sucharow LLP for its handling of confidential witnesses while dismissing a shareholder class action over mobile advertiser Millennial Media Inc.’s $152 million initial public offering, suggesting that attorneys were on a “quest for ignorance” when constructing their complaint.
A Pennsylvania federal judge on Thursday let Volvo Car UK Ltd. exit a $5 million putative class action claiming the automaker’s North American and U.K. arms sold cars with defective side-impact protection, while refusing to strike a bid to sanction the plaintiffs' attorneys for allegedly altering a document.
After a six-day bench trial, a Florida federal judge ruled Thursday that an orange grove and its employment subcontractor are joint employers of a certified class of H-2A workers and thus jointly responsible for the subcontractor's actions.
The Texas Supreme Court ruled Friday that a state law does not present any clear hurdles to Lone Star State shareholders who wish to launch derivative suits against closely held corporations, affirming an appellate court’s decision to revive claims against mining outfit United Salt Corp.
Uber Technologies Inc. and Lyft Inc. got a putative class action dismissed Thursday, when a Florida federal judge ruled that a Miami regulation on for-hire vehicles does not create a private cause of action and that no law violations were identified in claims the companies' drivers endangered the public.
With a $1.2 billion settlement on Thursday ending the Federal Trade Commission’s long-running case against Cephalon Inc. for allegedly paying rivals to hold off selling generic versions of the narcolepsy drug Provigil, Law360 takes a look back at the seven-year antitrust fight.
A California federal judge Wednesday tossed a derivative shareholder suit accusing Allergan Inc.’s board members of improperly marketing the cosmetic drug Botox for off-label uses after a voluntary dismissal by the plaintiffs, who the pharmaceutical giant argued no longer had standing following an acquisition by Actavis PLC.
Cephalon Inc.'s promise to settle patent litigation without using side deals to get reverse payments as part of a $1.2 billion agreement with the Federal Trade Commission sends a "strong and important" message to the rest of the industry to change its behavior, FTC health care chief Markus Meier told Law360 on Thursday.
King & Spalding LLP has agreed to pay $4.62 million to settle a putative class action accusing the firm and others of violating consumer protection law by botching the settlement of a condominium contract suit, according to a Wednesday filing in California federal court.
Auto parts manufacturer FTE Automotive USA Inc. failed Thursday in a bid for declaratory judgment in New York federal court that it doesn’t have to provide liability insurance to Old Chrysler in a proposed class action in Texas over allegedly defective clutches FTE sold to the automaker before it went bankrupt.
A California federal judge has granted class certification to a group of nonunion California civil servants challenging the Service Employees International Union's practice of deducting money for political activities from employees' wages unless they annually opt out.
A Pennsylvania federal judge on Wednesday predicted that state law will release companies from liability for asbestos contained in components used in their products unless they knew of the material’s health risks when their products were sold, granting Pratt & Whitney’s motion for summary judgment in a mesothelioma case.
Target Corp. has to tell financial institutions suing over the retailer's massive 2013 data breach whether it suffered similar attacks in the past and if so, how it responded to them, a Minnesota federal judge ruled in the multidistrict litigation Wednesday.
The oral argument in the California Supreme Court's Cipro case left observers expecting — and the pharmaceutical industry fearing — that the court might one-up the U.S. Supreme Court’s decision in Actavis and impose a stringent new antitrust test for Hatch-Waxman settlements. Instead, the decision hewed closely to Actavis, say Christopher Kelly and Colleen Tracy James of Mayer Brown LLP.
The First Circuit's decision in the matter of Celexa and Lexapro Marketing and Sales Practices Litigation represents a significant victory for brand-name drug manufacturers because it is the first time since Wyeth v. Levine that a federal appellate court has applied “impossibility” preemption in the context of brand-name pharmaceuticals, say Joseph Winebrenner and Nicholas Teichen of Faegre Baker Daniels LLP.
Class action plaintiffs in toxic tort litigation have frequently asserted that a nuisance theory supports class certification more readily than more common tort causes of action. Analysis in Mitchell McCormick v. Halliburton Co. clearly explains why that is not necessarily the case, as the issues of exposure and injury remain predominant individual issues, says Sean Wajert of Shook Hardy & Bacon LLP.
Recently filed class actions against national retailers have capitalized on confusion over sales taxes and coupons, where customers allegedly presented a manufacturer-issued coupon that did not have language shifting the tax burden to the customer. These lawsuits risk upending an industry built on efficient practices and customer convenience, say Francina Dlouhy and Benjamin Blair of Faegre Baker Daniels LLP.
The NFL draft is the culmination of months of research and often years of watching top player prospects, all in the hopes of making the right decision on draft day and assembling the right athletes for a shot at a championship season. Law firm management, does this sound familiar to you? asks Mark Levin, co-founder of The Right Profile LLC and a former chief business development officer for two Chicago law firms.
By adhering closely to the Fair Credit Reporting Act's requirements, an employer can increase its chance of using a reasonable interpretation of the law as a sword in attacking claims of "willfulness" at an early stage of class action litigation, says Galit Knotz of Akin Gump Strauss Hauer & Feld LLP.
While interjurisdictional certification may seem like a great solution for murky and debatable issues of state law, it often requires a heightened attention to detail and a sophisticated understanding of appellate rules. Once appellate lawyers initiate this process, they also risk losing control over the issues presented and the ability to moot an issue on appeal, says Charles Cannizzaro of Robins Kaplan LLP.
The logic in Downing v. Riceland Foods Inc., a very meta class counsel class action filed in a receptive multidistrict litigation transferee court with firsthand knowledge of the equities of the common benefit contribution scheme, looks like a viable way to turn out the pockets of recalcitrant state court free riders, says Andrew Carpenter of Shook Hardy & Bacon LLP.
While at first blush the U.S. Supreme Court's decision in Mach Mining LLC v. U.S. Equal Employment Opportunity Commission appears to be a victory for employers and a blow to the EEOC's ostensibly limitless power to bring suit to remedy alleged discriminatory practices, the scope of the court’s judicial review is limited, says Shaleen Brewer of Buchalter Nemer PC.
In the case of Target’s Corp.'s data breach, at least 40 million customers’ credit and debit card numbers were stolen, and the personal information of as many as 110 million people was compromised. But the recent $10 million settlement equates to less than 10 cents per victim. The practical problem with consumer data breach class actions is that most consumers do not suffer large injuries, says Stephen Rossi of Irell & Manella LLP.