Class Action

May 21, 2013
Tea Party Group Hits IRS With 1st Suit In Bias Scandal

A tea party group from California mounted the first lawsuit against the Internal Revenue Service over the agency’s targeting of conservative groups, claiming in a putative class action Monday that it was unfairly and illegally scrutinized in its bid for tax-exempt status.
May 8, 2013
Lawmakers Push 5th Circ. To Keep Chinese Drywall Suit Alive

Ten House and Senate members told the Fifth Circuit on Tuesday that Chinese drywall maker Taishan Gypsum Co. Ltd. would gain an unfair economic advantage if it is allowed to skirt property damage and health claims from homeowners and builders in U.S. courts.
April 30, 2013
Lawmakers Prod SEC To Nix Brokerage Arbitration Clauses

A group of 37 members of Congress on Tuesday pressed the U.S. Securities and Exchange Commission to stop brokerage firms from forcing customers to enter into binding arbitration agreements and give up their right to sue.
April 26, 2013
New EEOC Member May Herald Worker-Friendly Guidance

The confirmation of Cohen Milstein Sellers & Toll PLLC partner Jenny Yang to serve on the U.S. Equal Employment Opportunity Commission not only adds a class action lawyer who will reinforce the agency's commitment to systemic cases, but gives the commission's Democrats a 3-member majority that may translate to more employee-friendly guidance, lawyers say.
April 22, 2013
Early Cert. OK'd In Suit Over DOMA Immigration Benefits Ban

A California federal judge on Friday granted preliminary certification in a class action challenging the preclusion of immigration benefits to binational couples in same-sex marriages called for under the Defense of Marriage Act.
April 16, 2013
SEC's Aguilar Backs Limits On Investor Arbitration Pacts

A top U.S. Securities and Exchange official on Tuesday endorsed restrictions on forced-arbitration agreements that allow brokerage firms to resolve fraud claims outside of court, citing a Dodd-Frank Act provision that authorizes the SEC to take action.
April 5, 2013
No Jurisdiction For $4B Medicare Underpay Suit, HHS Says

The U.S. Department of Health and Human Services on Thursday urged a California federal judge to dismiss a putative class action asking for more than $4.15 billion in reimbursements for urban counties allegedly underpaid for Medicare outpatient services based on a geographic adjustment, saying the court lacked jurisdiction over the case.
April 4, 2013
Rare Prop 65 Trial Will Pave Way For Future Food Suits

Considering how rarely suits brought under California's Proposition 65 reach trial, the outcome of the clash kicking off Monday between 16 food manufacturers and an environmental group will have an outsized impact on the statute's interpretation, establishing how levels of the toxic substances listed in it are measured and whether the warnings sought by plaintiffs are preempted by federal law.
April 2, 2013
NJ Gov. Approves Bills To Relax Corporate Regulations

New Jersey Gov. Chris Christie on Tuesday signed into law a trio of bills designed to attract new corporations to the state and retain those currently based there by relaxing laws regarding hostile takeovers, shareholder participation and derivative lawsuits.
March 25, 2013
More Class Suits Ahead, Says Calif. Employment Agency Chief

California’s Department of Fair Employment and Housing already handles tens of thousands of worker complaints every year, but Director Phyllis Cheng said the largest state civil rights agency in the U.S. is gearing up to launch more class actions in light of the U.S. Supreme Court’s landmark Dukes decision and a recent law eliminating administrative procedures to let it file cases directly in court.
March 20, 2013
Calif. Settles Class Actions Over Home Care Program Cuts

Two California state agencies have agreed to settle federal class actions attacking several state laws that cut tens of thousands of low-income elderly and disabled recipients from an in-home care program as well as the wages and hours of care workers, they said Tuesday.
March 18, 2013
Miami Mayor Sues State Over Bungled Bridge Plan

The mayor of Miami on Monday filed a putative class action on behalf of city residents against the Florida Department of Transportation over botched plans to build a “signature bridge” to replace the current one linking the city to Miami Beach.
March 15, 2013
Air Quality May Be Part Of Public Trust: Ariz. Appeals Court

An Arizona appeals court on Thursday refused to revive a class action claiming that government officials have a legal responsibility to protect the atmosphere from pollutants like greenhouse gases, but explicitly rejected the state's argument that air quality cannot be considered part of the public trust.
March 14, 2013
Judge Won't Block Medicaid Cut For Maine Residents

A Maine federal judge on Thursday refused to issue a preliminary injunction to a putative class of certain Maine noncitizen legal residents in their suit against a state law terminating their Medicaid coverage, ruling the plaintiffs were unlikely to succeed in their case.
March 13, 2013
Class Action Reforms Take Center Stage Before House Panel

Reform-minded attorneys on Wednesday highlighted class action litigation practices they say are ripe for reform, battling before a U.S. House of Representatives subcommittee over fixes for charitable cy pres class action settlements, discovery abuses, public-private contingency fee agreements and other issues.
March 8, 2013
Law360 Names Top Attorneys Under 40

We're pleased to announce Law360's Rising Stars for 2013, our list of the 111 attorneys under 40 whose legal accomplishments belie their age.
March 4, 2013
Ind. Asks Supreme Court To Lift Block On Medicaid Dental Cap

Indiana has asked the U.S. Supreme Court to overturn an injunction against its $1,000 annual individual limit on Medicaid dental services, saying the Medicaid recipient who challenged the limit had no standing to bring her putative class action in the first place.
March 1, 2013
Judge Won't Block Maine's Medicaid Cut

A Maine federal judge on Thursday refused to temporarily block a U.S. Department of Health and Human Services decision to allow the state to slash its Medicaid rolls beginning March 1, ruling there wasn't yet enough evidence to show the plaintiffs were likely to succeed with their class action challenge.
February 27, 2013
HHS Urges Court Not To Block Medicaid Cut In ACA Suit

The U.S. Department of Health and Human Services on Tuesday hit back at a request from a putative class of disabled Maine residents for an injunction against a decision allowing the state to slash its Medicaid rolls, arguing there was no legal basis to block the ruling.
February 26, 2013
FINRA To Renew Fight Against Schwab's Class Action Waiver

The Financial Industry Regulatory Authority will appeal a FINRA panel's ruling that would allow the Charles Schwab Corp. to enforce arbitration provisions that bar clients from filing class actions, a FINRA spokeswoman told Law360 on Tuesday.

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Expert Analysis

Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
5 Overlooked Reasons To Be Class Rep In An Antitrust Suit

In many circumstances in antitrust litigation, standing up as a class representative may be an effective way to protect the company’s interests while assuring that it and other victims of anti-competitive behavior receive the monetary recovery they deserve, say Kellie Lerner and Ryan Marth of Robins Kaplan Miller & Ciresi LLP.
Recent Trends In M&A And Corporate Fiduciary Litigation

In 2012, shareholders challenged 93 percent of all merger and acquisition transactions with a value greater than $100 million and 96 percent of M&A transactions with a value greater than $500 million. In other words, it almost is inevitable nowadays that litigation will follow a merger or going private announcement — with an average of about five lawsuits per transaction, say attorneys with Arnold & Porter LLP.
Libor Litigation Must Overcome Significant Obstacles

When U.S. District Judge Naomi Reice Buchwald dismissed a consolidated, multidistrict batch of antitrust and racketeering suits in Manhattan earlier this spring, she suggested plaintiffs seeking to recover from banking giants at the heart of the interest rate-fixing scandal might have better luck with securities fraud claims. But those plaintiffs will need to be lucky indeed. Two recent developments show that obstacles are inherent and, perhaps, insurmountable, say attorneys with Choate Hall & Stewart LLP.
Tips For Your Rule 10b5-1 Trading Plan Policy

Now that investigations have been initiated by U.S. Attorney’s Offices and the SEC into possible abuses by corporate executives of Rule 10b5-1 trading plans, the private securities bar inevitably will follow suit and file litigation. Nevertheless, these plans continue to be an effective defense against allegations of insider trading, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
What Sponsors Must Know About Litigation On Church Plans

Recently, two firms have filed class actions against three Catholic Church-affiliated health care facilities, claiming that their pension plans should be subject to the Employee Retirement Income Security Act. These cases could have a profound effect on all church plan sponsors, regardless of whether they have previously obtained favorable church plan rulings, say attorneys with Drinker Biddle & Reath LLP.
E-Discovery In The Cloud: Who Can Get Your Data?

Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
A Model For Facing Meritless Derivative Suits In Pa.

The decision by the Allegheny County Court of Common Pleas in In re H.J. Heinz Co. Derivative and Class Action Litigation represents a faithful application of the American Law Institute’s Principles of Corporate Governance, which were formally adopted by the Pennsylvania Supreme Court in the landmark decision Cuker v. Mikalauskas, say attorneys with Dechert LLP.
Horses Are Off The Shelves, But Litigation Will Continue

Regulators, food distributors and lawyers are scrambling to determine the legal and reputational consequences of the still-growing horse meat scandal that recently hit Europe. Amid the recalls, finger-pointing and consumer outrage, one thing remains certain: You will have time to bet on many Derby winners before this scandal is fully resolved, say attorneys with Cozen O'Connor.
Sui Generis At Supreme Court

Not since Franklin Roosevelt took office in 1933 have we seen a Supreme Court so imbalanced that it would throw its own power away as it did in Twombly, Iqbal and Concepcion, or devalue its own authority through matters of little interest, simply for the benefit of large American corporations, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

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