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Class Action

  • July 20, 2018

    John Hancock Signs $91M Deal To End Life Insurance Row

    John Hancock Life Insurance Co. agreed to pay more than $91 million to end a proposed class action alleging the company was jacking up life insurance policy rates by using the wrong mortality rate calculations, according to filings Friday in New York federal court.

  • July 20, 2018

    Acadia Hit With Securities Suit Over Drug Linked To Deaths

    An Acadia Pharmaceuticals Inc. shareholder slapped the biopharmaceutical company with a putative securities fraud class action in California federal court Thursday, claiming the company inflated its stock price by hiding safety risks and downplaying reports of deaths connected to its treatment for hallucinations and delusions.

  • July 20, 2018

    MGM Wants Las Vegas Mass Shooting Suits In MDL

    MGM Resorts International has asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate more than a dozen suits filed in connection with last year’s Las Vegas mass shooting, saying all claims and potential claims arise out of a single event.

  • July 20, 2018

    Boeing Must Face Suit Over Benefits After Kan. Plant Sale

    A Kansas federal judge ruled Friday that Boeing Co. must face claims that the company’s treatment of workers’ benefits after it sold a Kansas plant to Spirit AeroSystems Inc. in 2005 violated the Employee Retirement Income Security Act, and Boeing cannot hold five separate trials to resolve the allegations.

  • July 20, 2018

    Ohio State Sexual Misconduct Probe Reveals Over 100 Claims

    A Perkins Coie LLP investigation of allegations that a now-deceased Ohio State University sports team doctor sexually abused or harassed student-athletes and others has unearthed sexual misconduct claims made by more than 100 former students, the school said Friday.

  • July 20, 2018

    More Quinn Emanuel Attorneys Leave Firm For Dechert

    Dechert LLP on Friday said that 18 attorneys from Quinn Emanuel Urquhart & Sullivan LLP have joined the firm's product liability team, following Sheila Birnbaum, a defense attorney nicknamed the “Queen of Toxic Torts,” who made the jump in May.

  • July 20, 2018

    Banks Say Firm’s Claims Don’t Belong In Swaps Antitrust MDL

    Eleven banks accused by fintech firm trueEX LLC of illegally boycotting its interest rate swaps platform and funneling business to an exchange they operated asked a Manhattan federal judge on Thursday to dismiss the suit, saying trueEX’s case is weaker than those of similar businesses in the multidistrict litigation.

  • July 20, 2018

    Harvard Pilgrim Must Face Mental Health Discrimination Suit

    A Massachusetts federal judge on Friday allowed a woman to move forward with a proposed class action claiming an insurance plan from Harvard Pilgrim Health Care Insurance Co. that covers medical expenses at nursing homes must also cover mental health care at her son's behavior-correcting summer camp.

  • July 20, 2018

    Wells Fargo Suit Doesn't Fall Under ERISA, Judge Says

    A federal judge in Minnesota on Thursday dismissed Wells Fargo retirement plan participants' claims without a chance to revise, finding that their suit over losses the plans suffered after the bank copped to unethical sales practices doesn't fall under the Employee Retirement Income Security Act.

  • July 20, 2018

    Advocates Want Monitor For Immigrant Family Reunifications

    Immigrant advocates have asked a California federal judge to appoint an independent monitor to oversee the Trump administration's compliance with the so-called Flores Settlement Agreement, arguing that the government had not provided a written plan to quickly reunify immigrant children with their families.

  • July 20, 2018

    Apple User Fights To Win Cert. In HD False Ad Suit

    A California judge appeared unswayed Friday by an attorney who argued the judge should change his mind and certify a class of consumers who accuse Apple Inc. of "watering down" movies and shows that are advertised as high-definition, so they can be downloaded nearly instantaneously on Apple TV products.

  • July 20, 2018

    Blind Man Sues Miami Heat Over Website ADA Violations

    A blind Florida man filed a putative class action in Florida federal court on Thursday accusing the NBA’s Miami Heat of violating the Americans With Disabilities Act by failing to make its online merchandise store accessible to the visually impaired.

  • July 20, 2018

    Fed. Circ. Revives Secret Service Agent's OT Class Action

    The Federal Circuit on Friday revived a former U.S. Secret Service special agent’s proposed wage-and-hour class action alleging that he and other agents were shorted on overtime, saying the Office of Personnel Management improperly required that certain hours be worked consecutively to trigger overtime.

  • July 20, 2018

    Keryx Trims, But Can’t Scrap Shareholder Stock-Drop Suit

    Keryx Biopharmaceuticals Inc.’s bid to escape a proposed shareholder class action claiming it inflated its stock price by hiding a drug’s supply chain problems was rejected by a Massachusetts federal judge, who however agreed to trim an allegation based on the company's statements about its financial prospects.

  • July 20, 2018

    Apple’s $16.5M App Auto-Renew Deal Gets Initial OK

    A California judge on Friday preliminarily approved Apple Inc.’s $16.5 million deal with a certified class of 4 million customers who have accused the tech giant of automatically renewing application subscriptions on their iPads, AppleTVs and iPhones without their consent.

  • July 20, 2018

    Litigation Funder Seeks Bond For Ex-NFLer’s $500K Advance

    A third-party claims funder argued Thursday that a Pennsylvania federal court should make an ex-NFL player post a bond or some other security after he refused to repay an advance of his share of a settlement with the league in multidistrict litigation over brain injuries.

  • July 20, 2018

    $38M Divvy In Tribal Deal OK'd Despite USDA Quibbles

    A D.C. federal judge on Thursday approved a plan to distribute $38 million from the landmark Keepseagle settlement to nonprofit organizations serving Native American farmers and ranchers, largely rejecting the U.S. Department of Agriculture's claims that two of the awards posed potential conflicts of interest.

  • July 20, 2018

    GlaxoSmithKline Says FDA Rejected Zofran Birth Defects

    GlaxoSmithKline argued Thursday that it cannot be held liable for birth defects caused after pregnant women were prescribed its postoperative nausea drug Zofran because the U.S. Food and Drug Administration has since rejected any scientific correlation between the medication and defects.

  • July 20, 2018

    Sunrun Investor Suit Booted With Last Chance For Fixes

    The latest iteration of an investor suit claiming Sunrun Inc. fudged customer cancellation numbers to keep its stock afloat fared no better than the first two versions, a federal judge in California found Thursday in a pithy two-page opinion chucking the complaint.

  • July 20, 2018

    Judge OKs $54M Aggrenox Settlement In Pay-For-Delay Suit

    A Connecticut federal judge has signed off on a $54 million settlement between indirect purchasers of stroke prevention medicine Aggrenox and drugmakers Teva Pharmaceutical and Boehringer Ingelheim to end allegations the companies blocked generic alternatives to the drug from coming to the market.

Expert Analysis

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • How FCC Ruling Could Impact Viability Of TCPA Fax Cases

    Lewis Wiener

    In Scoma Chiropractic v. Dental Equities, a junk fax case brought against MasterCard International, a Florida federal court recently issued a stay pending a ruling from the Federal Communications Commission. The decision may have ripple effects in other pending Telephone Consumer Protection Act actions, say Lewis Wiener and Alexander Fuchs of Eversheds Sutherland.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.