A used-car dealer raised numerous issues Wednesday in federal court in Miami objecting that evidence a Florida man presented in his bid to form a class to pursue claims of Telephone Consumer Protection Act violations over unsolicited text messages, as well as his suitability to lead a class.
A Florida federal judge on Tuesday issued an injunction against a former baggage handling company employee as part of a settlement agreement ending allegations that he sent the company's trade secrets to Delta Air Lines Inc. during contract negotiations.
A Honda Accord owner hit the car manufacturer with a putative class action in New Jersey federal court on Wednesday, alleging Honda has violated consumer fraud laws by failing to remedy a defect to the engine starter system that can cause motors and batteries to fail.
A California magistrate judge refused Wednesday to order Theranos to provide a putative shareholder class with all documents the beleaguered startup produced in similar, recently settled suits over claims it lied about the accuracy of its blood tests, saying he opened discovery, but “that doesn’t mean discovery is boundless.”
A Nebraska federal jury decided on Tuesday that Werner Enterprises Inc. and a subsidiary owed a class of around 52,000 student truck drivers almost $780,000 over allegations the company failed to pay the students for short rest breaks of 20 minutes or less in violation of minimum wage laws.
Drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. have conspired to artificially inflate the price of a Type 2 diabetes medication, forcing patients to pay more than they normally would for the treatment, according to a proposed class action filed Tuesday in California federal court.
The Third Circuit upheld the dismissal of a securities class action against biopharmaceuticals maker Amarin on Tuesday, agreeing with a New Jersey district court that the company’s statements about the FDA approval process for a fish oil drug were not misleading to investors.
A California federal judge signed off Wednesday on preliminary approval of a $51.15 million proposed class action settlement fund to resolve condo-hotel unit buyers’ claims over a Hard Rock Cafe International USA Inc. venture that allegedly violated land sale regulations.
Thompson & Knight LLP added a trial partner with a focus on high-stakes litigation, particularly in the health care and oil and gas industries, to its Austin, Texas, office from Jones Day, the firm announced Wednesday.
An attorney accused of improperly copying Chiquita Brands International Inc. on privileged communications in a suit claiming the company paid off a paramilitary group responded to the allegations Wednesday in Florida federal court, saying the issue arises from his attempts to sort out duplicate claims and retainer agreements.
A group of call center employees suing various Midwestern AT&T units for unpaid overtime in Illinois federal court were granted conditional class certification on Wednesday, and AT&T was given seven days to turn over a list of all its employees who might be eligible to join the suit.
A California federal judge declined Tuesday to certify a proposed class alleging that Swift Transportation Co. of Arizona denies drivers rest periods required by state law, saying that whether a given driver should be in the class is too fact-intensive for the suit to be decided collectively.
Big Lots Stores Inc. will face just one of six proposed classes accusing the company of cheating workers out of pay after a California federal judge on Tuesday found some of the proposed groups had claims not mentioned in the complaint.
The Pennsylvania Supreme Court on Tuesday refused to hear an appeal of a decision in a wage class action agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.
A California federal judge on Monday granted class certification to around 19,500 residents in a breach of contract suit against Hartford Casualty Insurance Co., finding a policyholder adequately alleged he suffered damages over the company’s allegedly illegal depreciation methods.
A Colorado federal judge on Wednesday consolidated two derivative suits brought by Chipotle Mexican Grill Inc. shareholders alleging officers’ and directors’ food safety failures resulted in costly outbreaks of food-borne illnesses at the restaurant chain starting in 2015.
A consumer told a California federal court on Tuesday that Costco and NBTY aren’t entitled to a quick win in a class action accusing them of falsely advertising that a ginkgo biloba product improves mental alertness and memory, saying that the evidence makes it clear the supplement is no better than a placebo.
A federal judge on Wednesday said “it doesn’t seem right” that Illinois isn’t paying its Medicaid bills but wasn’t sure what she could do to force the state to pay providers while it sorts through a $14 billion backlog without a budget.
A California federal judge declined Tuesday to certify a class of landowners challenging Union Pacific Railroad's and Kinder Morgan's use of a railroad right of way to lay pipelines, finding that the named plaintiffs had not shown their claims were typical of the claims of the proposed class, among other things.
An Arkansas federal judge on Tuesday agreed to dismiss suits from royalty owners that had alleged XTO Energy Inc. underpaid them for gas royalties after the owners agreed to drop their cases the same day.
With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.
The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.
Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.
While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.
Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.
In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.
Following United Airlines' disastrous response to its recent mishandling of a passenger, the change to note is simply this: While there was always pressure to mount a quick legal response and communicate it, the time frame for this has been reduced to nanoseconds, say Peter Shaplen and Traci Stuart of Blattel Communications.