• March 21, 2018

    Consumer Groups Ask 9th Circ. To Rehear Hyundai MDL Deal

    Global automakers and tort reform and consumer advocates have urged the Ninth Circuit to rethink its recent rejection of a $200 million settlement in multidistrict litigation over Hyundai Motor America Inc. and Kia Motors Corp. vehicle fuel efficiency, saying the ruling has potentially devastating consequences by forcing courts to weigh state law variations in nationwide deals.

  • March 21, 2018

    Facebook Sued Over Trump-Linked Research Firm's Data Use

    A Facebook user filed a proposed class action Tuesday against the social network in California federal court claiming that the company illegally misled users by negligently allowing a Donald Trump-linked data firm to sweep up personal information on some 50 million of them.

  • March 21, 2018

    Calif. Medical Supplier Fights DOJ’s Entry Into FCA Suit

    A California medical products supplier on Tuesday panned the federal government’s attempted insertion into a False Claims Act suit alleging it received inflated reimbursements from the state’s Medicaid program, telling a Massachusetts federal judge the Justice Department’s interest in its motion to toss the suit is too late and out of line.

  • March 21, 2018

    Gov't Docs Show Tribal Council Valid Leader, 9th Circ. Told

    A faction of a California Native American tribe urged the Ninth Circuit Tuesday to take notice of a list of tribal entities able to receive U.S. Bureau of Indian Affairs services in its bid to revive a challenge of a decision finding a general council established as the tribe's governing body isn’t its valid representative.

  • March 21, 2018

    Potential Minor League Wage Exemption Raises Eyebrows

    Congress may step in this week to put an end to Minor League Baseball players' wage-and-hour claims against Major League Baseball, but the timing of such legislation, which has been unsuccessful in the past, is raising some eyebrows.

  • March 21, 2018

    Electrical Co. Execs Reach $1.75M Deal To End ERISA Suit

    Participants in an electrical contractor's employee stock ownership plan asked a California federal court Tuesday to grant preliminary approval of a $1.75 million settlement that would end allegations the company's executives manipulated its stock price to the detriment of plan participants, flouting the Employee Retirement Income Security Act.

  • March 21, 2018

    Endo, Others Ink $166M Lidoderm Pay-For-Delay Settlements

    Direct purchasers of the Lidoderm pain patch asked for preliminary approval in California federal court Tuesday of pay-for-delay class settlements totaling $166 million reached with branded pharmaceutical makers Teikoku and Endo and generics maker Actavis.

  • March 21, 2018

    9th Circ. Says 'Blurred Lines' Infringed Copyright

    A split Ninth Circuit panel on Wednesday upheld a verdict that the 2013 chart-topper “Blurred Lines” infringed the copyright to Marvin Gaye’s iconic “Got To Give It Up,” rejecting warnings from a dissenting judge that the ruling “strikes a devastating blow to future musicians.”

  • March 20, 2018

    Facebook Shareholders Sue Over Data Firm Tied To Trump

    Facebook investors hit the social media behemoth with a stock-drop suit in California federal court Tuesday, alleging that it made misleading claims about its use of user data, which blew up this month when its alleged relationship to a Trump-linked data firm was made public.

  • March 20, 2018

    DOL's Tip Guidance Protects Workers' Wages, 9th Circ. Told

    Waiters, bartenders and other service workers told the en banc Ninth Circuit on Tuesday that they’re underpaid for tasks that don’t garner tips, saying a three-judge panel erred in favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance on minimum wage exemptions for tipped employees.

  • March 20, 2018

    Trump Rallies Anti-Sanctuary City Officials At Roundtable

    President Donald Trump hosted a roundtable at the White House on Tuesday afternoon with Republican members of Congress and law enforcement representatives to discuss what they characterized as the public safety threat posed by sanctuary cities, arguing that they aim to protect criminal immigrants.

  • March 20, 2018

    FX Slams De Havilland’s ‘Feud’ Portrayal Suit On Appeal

    FX Networks and the producers of “Feud: Bette and Joan” urged a California appeals court on Tuesday to toss Olivia de Havilland’s suit alleging the docudrama dirties and improperly profits off her name, arguing the First Amendment clearly protects their right to use artistic license in portraying the 101-year old actress.

  • March 20, 2018

    Gov’t Litigation Tactics ‘Kafkaesque,’ 9th Circ. Judges Say

    A Malaysian woman who was wrongfully placed on the U.S. “no fly” list appeared to convince some Ninth Circuit judges Tuesday that the government litigated the decadelong case in bad faith and she is entitled to $3.8 million in attorneys’ fees, with two judges calling the federal legal strategy "Kafkaesque."

  • March 20, 2018

    UnitedHealth Group Gets Pushback On Bid To Exit ERISA Suit

    A proposed class of beneficiaries accusing UnitedHealth Group Inc. and two subsidiaries of improperly denying claims for prosthetic devices urged a California federal court on Monday to reject the parent company's bid to exit the suit, arguing that it exerted control over its units' claims handling process.

  • March 20, 2018

    Calif. Jury Awards Record $68M In Botched Surgery Suit

    A California state jury on Tuesday awarded what an attorney said may be a record $68 million in a suit accusing a doctor of botching a man’s open-heart surgery, leaving him in a permanent near-vegetative state, with $12.4 million earmarked for punitive damages.

  • March 20, 2018

    Justices Cut Through 'Gibberish' To Uphold Shareholder Suits

    The U.S. Supreme Court on Tuesday showed it could cut a direct path through difficult statutory language when it ruled that investors could keep bringing certain securities class actions in state courts — and issued a decision that defense attorneys warned will cause a flood of new shareholder suits before state judges around the country.

  • March 20, 2018

    Greenberg Traurig Snags Ex-Calif. Enviro Watchdog Chief

    Greenberg Traurig LLP announced Monday that it has hired the former director of California's Department of Toxic Substances Control as a shareholder who will bolster its environmental and toxic tort practices from its Sacramento office.

  • March 20, 2018

    Ex-Playboy Model Sues To Break Silence On Trump

    A former Playboy Playmate on Tuesday accused the National Enquirer’s owner of colluding with her then-lawyer to trick her into silence on her alleged affair with President Donald Trump, making her at least the second woman to resist a so-called hush agreement in California state court.

  • March 20, 2018

    Big Oil Says Courts Are No Place For Climate Change Fight

    BP, Chevron, ConocoPhillips, Exxon and Royal Dutch Shell on Tuesday urged a California federal judge to nix Oakland's and San Francisco's suits to hold the oil giants liable for climate change-related infrastructure damage, saying climate change is not an issue that belongs in a courtroom.

  • March 20, 2018

    US Film Cos. Defend $4.4M Award In Int’l Distribution Fight

    Two U.S. film companies urged a California federal court Monday not to vacate a $4.4 million international arbitration award issued against an Emirati company following a dispute over the rights to distribute movies in the Middle East, saying the Dubai-based distributor is attempting to relitigate the dispute.

Expert Analysis

  • Why 2nd Time Was Not The Charm For Baby Food Class Cert.

    Alexandra Laks

    On remand from the Ninth Circuit, a federal district court in California last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. The decision demonstrates that the bar for class certification in the food misbranding context remains high, even in the wake of appellate decisions favorable to plaintiffs, says Alexandra Laks of Morrison & Foerster LLP.

  • Strategies For FCRA Employment Class Actions: Part 2

    Excerpt from Lexis Practice Advisor
    James Boudreau

    The Fair Credit Reporting Act lends itself well to class litigation because it provides for statutory damages and attorneys' fees. In the final part of this article, James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss several aspects of FCRA-related employment litigation including challenges connected to discovery, depositions and summary judgment.

  • Childproof Cannabis Packages Won’t Impress Jeff Sessions

    Neama Rahmani

    A group of cannabis-oriented businesses recently announced standards meant to "protect consumers and demonstrate to regulators, financial institutions and the public that they operate at the highest level of ethics and responsibility." But these measures, including labeling, child-resistant packaging and health warnings, are unlikely to convince the U.S. Justice Department, says Neama Rahmani of West Coast Trial Lawyers.

  • Jurisdiction Issues Dog Multistate Class Actions

    Michael Leffel

    Relying on the U.S. Supreme Court's 2017 Bristol-Myers Squibb ruling, the Northern District of Illinois recently rejected a putative nationwide class action in DeBernardis v. NBTY Inc. Federal appeals courts will likely soon weigh in on such attempts to preclude multistate class actions on jurisdictional grounds, say Michael Leffel and Aaron Wegrzyn of Foley & Lardner LLP.

  • Opinion

    States Must Fill Void Created By CFPB Regulatory Vacuum

    Brian Kabateck

    Our nation’s most aggressive consumer watchdog, the Consumer Financial Protection Bureau, has essentially been muzzled. It is now, more than ever before, incumbent upon states and their legislatures to ensure that their citizens are protected from unscrupulous financial institutions who only care to protect their bottom line, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Strategies For FCRA Employment Class Actions: Part 1

    Excerpt from Lexis Practice Advisor
    James Boudreau

    Employers’ increased use of various consumer reports coupled with the Fair Credit Reporting Act’s highly technical requirements has led to an uptick in employment-related FCRA class actions. In part 1 of this two-part article James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss the most common types of claims in this area and response strategies.

  • 3 Data Challenges In Wage And Hour Damages Analysis

    Christine Davis

    In January 2018 alone, 679 lawsuits alleging violations of the Fair Labor Standards Act were filed in district courts in the United States, and virtually all were collective actions. Christine Davis and Leonore Ralston of OnPoint Analytics discuss common data-related challenges that can emerge when analyzing wage and hour claims.

  • Make An Informed Choice About Arbitration


    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Finding Reason In The 'Reasonable Consumer'

    Anthony Anscombe

    A California federal judge recently granted summary judgment to Starbucks after a plaintiff claimed to have been defrauded because his latte contained foam, a victory for “reasonable consumers” and an opportunity to review the reasonable consumer standard to help focus arguments at all stages of class litigation, say Anthony Anscombe and Darlene Alt of Steptoe & Johnson LLP.