Class Action

  • November 20, 2017

    21st Century Fox Pens $90M Investor Deal Over Scandals

    Twenty-First Century Fox Inc. has reached a $90 million deal to settle derivative claims stemming from a series of workplace harassment incidents at Fox News, according to an agreement filed Monday in Delaware state court that also requires the media outlet to create a new advisory council on improving workplace culture.

  • November 20, 2017

    NC State Court Axes Receipt Row For Lack Of Concrete Injury

    A North Carolina state court judge has nixed a putative class action accusing a bedding and home goods retailer of violating the Fair and Accurate Credit Transactions Act by including too many card digits on receipts, ruling that the plaintiff had failed to establish standing because he hadn't alleged the actual dissemination of his data or a similar concrete injury.

  • November 20, 2017

    Barrett, Nast, Roberts Ask To Lead Dairy Price-Fix Action

    Three attorneys from Barrett Law Group PA, NastLaw LLC and Roberts Law Firm PA asked an Illinois federal court Monday to lead a dairy consumer class action alleging that a now-canceled program to slaughter milk cows led to illegal price fixing in the industry.

  • November 20, 2017

    Häagen-Dazs To Mediate TCPA Suit Over 'Thank You' Text

    Häagen-Dazs and its parent company, Nestlé, will go into mediation in an effort to resolve a suit alleging it violated the Telephone Consumer Protection Act with unsolicited automated texts that thanked customers who signed up for the ice cream maker's rewards program.

  • November 20, 2017

    DigitalGlobe Investors Seek Share Appraisal In $2.4B Deal

    Shareholders of satellite imaging company DigitalGlobe Inc. filed a petition in Delaware state court late Friday seeking appraisal of their shares in the firm following a $2.4 billion cash-and-stock merger with MacDonald Dettwiler and Associates Ltd. that closed last month.

  • November 20, 2017

    Fiat Chrysler Botched Recall Row Survives, Returns To Calif.

    A New York bankruptcy judge ruled Friday that Fiat Chrysler can’t ditch a putative class action claiming it's liable for allegedly botched recall repairs, but sent the matter back to California federal court, saying the issues relate to events that occurred after its bankruptcy-related purchase of Old Chrysler.

  • November 20, 2017

    Takata Can Extend Airbag Lawsuit Freeze For Individuals

    The Delaware bankruptcy judge presiding over the Takata case on Monday granted the debtors’ request to extend the freeze on lawsuits connected to its dangerously defective airbag inflators through late February for individual claims, but will revisit a stay on state enforcement actions in 30 days.

  • November 20, 2017

    Snap Investor Class Action Could Bounce Back To State Court

    A California federal judge on Monday said she’s inclined to send back to state court a putative class action from Snap Inc. investors accusing the company of understating the stock-based compensation incurred as part of its initial public offering by $300 million, while the tech giant urged her to retain jurisdiction for the purpose of sending a certified question to the Delaware Supreme Court.

  • November 20, 2017

    Barclays Seeks 2nd Circ. Review Of Dark Pool Class Cert.

    Barclays PLC asked a Second Circuit panel on Monday to partially rehear a decision granting class certification to investors suing the bank over losses tied to the bank’s alleged misrepresentations about oversight of its dark pool market, saying the ruling is inconsistent with U.S. Supreme Court precedent.

  • November 20, 2017

    Abbvie Says Medical Mutual Being 'Cagey' In Androgel MDL

    Medical Mutual of Ohio is refusing to answer AbbVie Inc.'s request for more detail on the basic premise behind its potential class action accusing AbbVie of fraudulently marketing its testosterone replacement therapy drug Androgel, the drugmaker told an Illinois federal court Monday.

  • November 20, 2017

    Law Firm Shakes Foreclosure Fee Suit In Pa. Appeals Court

    A Pennsylvania appeals court said Monday that it would not revive class claims accusing Udren Law Offices PC of illegally collecting excessive fees in connection with mortgage foreclosure actions against homeowners.

  • November 20, 2017

    McDonald's Hit With Employee Discrimination Suit In Fla.

    McDonald’s Corp. on Monday removed to Florida federal court a proposed class action brought by a former employee who alleges the fast-food giant violated state civil rights law by allowing her to be discriminated against based on her national origin and disability.

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Wendy's Customers Defend Standing In Data Breach Suit

    Customers suing Wendy's over a data breach urged a Florida federal judge on Friday to allow their putative class action to move forward, saying the fast-food chain has twisted their deposition testimony in its latest arguments that they have not presented sufficient evidence of actual injuries.

  • November 20, 2017

    Las Vegas Victims Sue MGM, Live Nation Over Shooting

    Hundreds of victims of the Las Vegas shooting and their families hit Mandalay Bay, MGM and Live Nation with five suits in California state court on Monday over the deadliest mass shooting in recent U.S. history, saying that they failed to keep the site of the shooting reasonably safe.

  • November 20, 2017

    Uber Moves To Dump Pricing Model Wage Class Action

    Uber on Friday slammed a California driver’s assertion it stiffs drivers on wages with a pricing model that deceptively charges passengers a higher fare based on a longer route, but requires drivers to take the shortest route, insisting the suit lobs “convoluted” breach of contract and other claims.

  • November 20, 2017

    GE Faces Suit Over Fukushima Nuclear Plant Design

    Residents and companies of Fukushima, Japan, on Friday filed a putative class action lawsuit against General Electric Co. in Massachusetts federal court, accusing the company of negligence that led to a catastrophic meltdown when a 2011 tsunami hit a nuclear power plant it built.

  • November 20, 2017

    Deal Expected In Insurer's Actos Cancer Suit Against Takeda

    Dozens of claims from Blue Cross and Blue Shield of Massachusetts alleging that a link between diabetes treatment Actos and bladder cancer was long known to drug manufacturer Takeda are expected to head for arbitration separate from a $2.4 billion settlement with patients, a Boston federal judge said Monday.

  • November 20, 2017

    American Airlines Looks To Ditch Toxic Uniforms Suit

    American Airlines asked an Illinois federal court Friday to toss a proposed class action over a new batch of chemically treated uniforms that’s allegedly led to a “cascade of health problems” among flight attendants and pilots, saying the tort claims are clearly preempted by workers’ compensation laws.

  • November 20, 2017

    Kohl's Shoppers' Misleading-Discount Suit Can Proceed

    A California judge on Monday declined to toss claims accusing Kohl’s Department Stores Inc. of misleading customers with the application of its Kohl's Cash discounts, saying the pleadings in a putative class action are sufficient enough to proceed.

Expert Analysis

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • What A Solar Eclipse Has To Do With Market Efficiency

    Daniel Bettencourt

    A common criticism of the event study methodology for testing market efficiency is that the number of events is insufficient and that the results cannot be generalized for the entire class period. That's where Albert Einstein and the 1919 total solar eclipse come in, say Daniel Bettencourt and Steven Feinstein of Crowninshield Financial Research.

  • 4 Takeaways From EEOC’s Recent Focus On ADA Lawsuits

    Mauro Ramirez

    The U.S. Equal Employment Opportunity Commission's activities this year indicate the agency's continued emphasis on vigorous enforcement of the Americans with Disabilities Act as a top priority. A review of the disability suits filed by the EEOC in 2017 provides insight into which of these ADA claims are significant enough for the EEOC to devote litigation resources, says Mauro Ramirez of Fisher Phillips.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.