A California federal judge said during a hearing Wednesday he would likely grant some, but not all, of Williams-Sonoma's requests to trim claims and products from a putative class action alleging the company misleads customers about the thread count of its bedding.
Fast food workers engaged in a putative class action suit alleging McDonald’s violated wage laws asked a California federal judge on Tuesday to deny the company’s second bid for summary judgment, arguing that the restaurant chain is liable even if the violations were committed by a Bay Area franchisee.
The Ninth Circuit refused to revive a securities class action against DreamWorks Animation SKG Inc. alleging the animation studio misled investors about the profit potential of the 2013 cartoon flick “Turbo,” finding that the investors failed to show they were fraudulently deceived.
A New York federal judge on Wednesday largely kept intact a consolidated class action claiming game maker iDreamSky Technology Ltd. misled investors ahead of its $115.5 million initial public offering, saying generalized disclosures don’t shield the developer from its obligation to report issues with its popular mobile game “Cookie Run.”
A pair of merchant trade groups asked the Supreme Court on Tuesday to refuse to hear the appeal of retailers seeking to reinstate a $7.25 billion antitrust settlement with Visa and MasterCard over interchange fees that was shot down by the Second Circuit, calling the deal an “enormously unpopular and worthless mandatory settlement.”
Accusations by a group of consumer organizations that General Mills wrongly labels granola products containing chemical pesticides as healthy and natural are heading back to a D.C. trial court after a federal judge on Wednesday found jurisdiction lacking because the allegations did not directly implement federal statutes.
Car renters alleging that Avis Budget Group Inc. didn’t tell them they would be charged for an electronic toll-payment service told a New Jersey federal judge Tuesday that a recent case in the state Supreme Court supports their bid for class certification because their contract claims are timely.
Boies Schiller Flexner LLP and Kahn Swick & Foti LLC lawyers who reached a $100 million investor settlement with Halliburton over its asbestos liability disclosures told a Texas federal court Tuesday they would seek up to $40.8 million after a decade's litigation and two trips to the U.S. Supreme Court.
A Georgia man has asked a federal judge to sign off on a $15.7 million settlement deal to end a proposed class action alleging that Wells Fargo violated the Telephone Consumer Protection Act by allegedly using an autodialer to make calls to about 3.4 million consumers.
An English consumer who attempted to lead a class action accusing Avis and subsidiary Budget Rent-A-Car of fraudulently offering supplemental insurance in their rental car contracts has asked the 11th Circuit to recertify her class.
A Minnesota federal judge denied the NHL’s bid to obtain the annotated bibliography for a report prepared by an expert for a proposed class of former players alleging claims over head injuries in hockey, as the parties continue to fight over discovery materials.
Two former Tata Consultancy Services Ltd. employees urged a California federal court Tuesday to certify two classes of workers alleging the information technology outsourcing agency systemically discriminates against non-South Asians, arguing there could be thousands of class members.
A T-Mobile retailer shot back Tuesday at a move to compel it to produce information that two former sales representatives said was relevant to their discovery requests in a proposed wage class action, calling the move a fishing expedition.
An Oregon federal judge has dismissed a consumer’s proposed class action suit against Nike Inc., putting an end to claims that the company duped shoppers at its outlet stores with false suggested retail prices on items, leading them to believe that they were getting a discount.
Shareholders in Wal-Mart Stores Inc. who sued corporate officers in Delaware for turning a blind eye to corruption in Mexico have argued that it would be a denial of due process to dismiss their case after a similar suit was tossed in Arkansas.
Counsel for Viacom Inc. urged a New Jersey federal court Wednesday to toss the sole remaining claim in a putative class action accusing Nickelodeon of tracking the online activity of children under 13, arguing that the media company only collected anonymous information that could not be used to identify users.
Wells Fargo Bank N.A. will pay $2 million to around 446,000 consumers to end a Telephone Consumer Protection Act suit brought by student loan borrowers who say they were called with automatic dialers, according to a settlement filed in Georgia federal court on Wednesday.
ExxonMobil Corp. is facing a proposed class action in California state court accusing the oil giant of hazardously operating a refinery in the run-up to an explosion that released harmful pollutants into the air, and then rushing shoddy repairs in the aftermath of the blast to push through a half-billion-dollar sale.
The lead counsel for the class of former players in the NFL concussion settlement told a Pennsylvania federal court that a retired running back, Fred Willis, is spreading false information about the settlement agreement, telling class members that the doctors set up under the agreement are chosen by the NFL and directing them to a network of “player-friendly” doctors that he set up.
AbbVie Inc. and Abbott Laboratories have asked an Illinois federal judge to let them out of a massive multidistrict litigation over the marketing and sale of testosterone gel products, arguing the consumers haven’t shown a connection between the drug and the alleged increased risk of heart attack and stroke.
Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.
In the current environment, the risk of attacks on the fraud-on-the-market doctrine — established by the U.S. Supreme Court in Basic v. Levinson — seems high, and a general class action reform bill has already been introduced in the House. But Basic ballasts the system of securities law enforcement by protecting investors while providing companies with predictable procedures and finality upon settlement, says Douglas Greene of Lane Powell PC.
Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)
The Delaware Supreme Court's recent decision in Volcano Stockholders Litigation is consistent with the Delaware courts’ continued expansive interpretation of the seminal Corwin v. KKR Financial decision, which has resulted in a strong trend of early dismissal of post-closing damages actions challenging noncontroller M&A, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
As Telephone Consumer Protection Act litigation continues to grow at a staggering rate, the Spokeo defense remains an intriguing, if unsettled, means of attacking TCPA claims in federal court. Van Patten v. Vertical Fitness might not be the TCPA killer defendants have hoped for, but it is at the very least a welcome refuge for companies under siege, say Michael Reif and David Martinez of Robins Kaplan LLP.
Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.
While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.
Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.
General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.
Two provisions in the Private Securities Litigation Reform Act have grown to be problematic for public companies — the safe harbor for forward-looking statements and the lead-plaintiff procedures. Although these issues won’t make the legislative agenda anytime soon, we defense lawyers can make a difference, says Douglas Greene of Lane Powell PC.