Class Action

  • June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    Kobach Sanctioned In Voter Immigration Records Row

    Kansas Secretary of State Kris Kobach was hit with sanctions for “deceptive conduct” in a discovery dispute over documents in connection to immigration and voter reform and ordered to be deposed for an hour, even though he’s an attorney in the suit, according to a Friday order.

  • June 23, 2017

    Texas High Court To Hear Row Against Payday Lender

    The Texas Supreme Court agreed Friday to hear a would-be class action from borrowers alleging payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts.

  • June 23, 2017

    Investors Sue DeVry, Ex-CEO Over Hefty False Ad Fines

    A pension fund stockholder of DeVry University Group sued the for-profit educational organization, six directors and its former CEO in Delaware state court Friday, saying the defendants had breached their financial duties by allowing deceptive marketing that cost the organization more than $100 million in regulatory penalties.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    VW Dealers Must Clarify Bosch Conspiracy Claims, Court Says

    A California federal judge sent a class action brought by Volkswagen dealers against Robert Bosch GmbH and Robert Bosch LLC back to the drawing board Friday, saying their complaint accusing the technology giants of conspiring with VW to evade emissions regulations “blurs the lines” between the companies.

  • June 23, 2017

    Warranty Cos. Can't Force Fraud Claims Into Arbitration

    A New Jersey state appeals court on Friday rejected a bid from home warranty companies to force a putative class action over consumer fraud and related allegations into arbitration, saying a contract did not clearly notify a customer that she was waiving her right to pursue her claims in court.

  • June 23, 2017

    Ex-NFLers Say Workers' Comp No Bar To Painkiller Claims

    Two former NFL players with claims against three teams, who remain from a larger suit against all 32 teams alleging players were encouraged to abuse painkillers, told a California judge Thursday the three remaining teams cannot dodge claims as being covered by state workers’ compensation laws.

  • June 23, 2017

    GM Deal Could Settle Hundreds Of Ignition Switch Claims

    General Motors LLC has agreed to a private, confidential settlement that could resolve hundreds of claims against the automaker over an allegedly defective ignition switch, GM’s lawyers said in a letter to the New York federal judge overseeing the multidistrict litigation.

  • June 23, 2017

    $10M Settlement Struck In Providence-Matrix Deal Suit

    The sides in the lawsuit over Providence Service Corp.’s $400 million purchase of Matrix Medical Group told the Delaware Chancery Court on Friday they’d resolved the dispute with a settlement that would see $10 million, minus attorneys’ fees and expenses, paid to the investor class that challenged the deal.

  • June 23, 2017

    GM Done With NHTSA Oversight After Ignition Switch Recall

    General Motors on Thursday said it had wrapped up a three-year-long consent order with the National Highway Traffic Safety Administration over the automaker’s delayed recall of vehicles affected by an ignition switch defect, saying that it will continue working with the agency on safety issues.

  • June 23, 2017

    Mortgage Lender's Board Hid Possible Fraud, Investor Says

    A Walter Investment Management Corp. investor sued the mortgage lender’s board of directors in Pennsylvania federal court on Thursday over allegations they knew about but did not disclose the company’s weak internal controls and involvement in potentially fraudulent practices.

  • June 23, 2017

    Sedgwick Partner Settles In Gender Discrimination Suit

    A partner who sued Sedgwick LLP for gender-based discrimination has agreed to drop her putative class action in California federal court after reaching a settlement with the firm, according to a filing on Thursday.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    Online Lender Accused Of Linking With Tribe To Get Immunity

    A group of Virginia residents filed a proposed class action in federal court Thursday alleging that an internet lending company engaged in a "rent-a-tribe scheme" to allow it to charge illegally high interest rates on its loans while attempting to use a Michigan tribe's sovereign immunity as a shield from suit.

  • June 23, 2017

    Top Product Liability Cases Of 2017: Midyear Report

    The U.S. Supreme Court’s recent ruling that out-of-state patients can't bring claims in California against Bristol-Myers is set to reshape mass torts, and a Third Circuit decision in a failure-to-warn suit puts juries in charge of deciding whether the FDA would have approved stronger warning labels on a drug. Here, Law360 takes a look at the top cases in the first half of 2017.

  • June 23, 2017

    Bloomingdale’s Takes Iskanian Challenge To High Court

    Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.

  • June 23, 2017

    Walgreens Wins Toss Of Worker's Post-Settlement Claim

    A California federal judge on Friday ended a former Walgreen Co. employee’s suitable seating case, ruling Friday she couldn’t sue the company for labor violations after getting paid her portion of a $23 million settlement in another case.

  • June 23, 2017

    Anthem Inks Record $115M Deal Over Massive Data Breach

    Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.

  • June 23, 2017

    Dell, Hitachi Settle Optical Disc Drive Price-Fixing Claims

    Dell Inc. agreed Thursday to drop its claims against Hitachi Ltd., and Hitachi’s joint venture with LG Electronics Inc., in a suit alleging a conspiracy to fix prices for optical disk drives, which is part of a sprawling antitrust multidistrict litigation in California involving a slew of manufacturers.

Expert Analysis

  • The Misconception About SWS Appraisal Decision

    Gail Weinstein

    The Delaware Chancery Court’s recent decision in SWS Group raises the question whether below-the-merger-price appraisal results will now become more common. A number of commentators have suggested that the answer is yes, but their conclusion follows what we believe to be a misconception, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Shrinking Doctrine Of Specific Personal Jurisdiction

    Grant Esposito

    The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.

  • Tax Deductibility And Statutory Damages — A Waiting Trap

    Peter Robbins

    Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tough Times For Forum Shoppers

    Lawrence Ebner

    A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Resh Exposes Defendants To Serial Class Cert. Relitigation

    Peter Hawkes

    The Ninth Circuit’s decision in Resh v. China Agritech opens the door to the possibility of serial, successive attempts to certify a class in securities and other cases, potentially exposing defendants to an almost never-ending series of class actions, says Peter Hawkes of Lane Powell PC.

  • What DOJ Investigation Means For Generic Drug Plaintiffs

    Jason Dubner

    Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.

  • How Science Days Are Changing Talc Litigation

    David Schwartz

    Tutorials in the form of “science days” are an increasingly common way for judges to learn more about the science behind litigation over medical and consumer products and chemical exposures. The science day held recently by a California state court judge overseeing talcum powder litigation provides valuable insights into the process, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.