The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.
In the two years since the U.S. Supreme Court declared that concrete injuries are necessary to establish Article III standing, federal courts around the country have moved to apply the holding to scores of privacy and data breach cases. Here, attorneys look back at how courts have been interpreting the landmark decision and offer predictions at how the deepening divide is likely to play out moving forward.
A Texas-based nationwide funeral home company lost its bid to dismiss a class action alleging deceptive sales practices when a California federal judge held on Friday that although the evidence is slim that its Golden State subsidiary is an alter ego, there’s enough room for limited discovery.
UnitedHealth Group Inc. asked Delaware's Supreme Court on Thursday to reverse a Chancery Court decision allowing investors to inspect some of the company's documents to investigate Medicare overbilling allegations, saying the lower court didn't consider if there was a credible basis to infer wrongdoing.
The University of Southern California and workers who brought a $150 million proposed class action claiming the school mismanaged their retirement savings recently squared off before the Ninth Circuit, crossing swords before a three-judge panel over whether the plan participants' claims should be kicked from federal court into arbitration. Here, Law360 breaks down the oral arguments from the closely watched case.
A Wells Fargo & Co. shareholder has accused CEO Timothy Sloan, Chair Elizabeth Duke and other top brass of having enabled a “culture of lawlessness” at the bank in a derivative suit filed Thursday, the same day that new allegations emerged about a problem in the bank’s wholesale division.
Native American tribes appear to have a receptive ear in the Ohio federal judge heading up the king-sized multidistrict litigation over the opioid epidemic, but it remains to be seen whether their unique concerns will be drowned out by other parties clamoring for a cut of what could be a massive potential settlement.
A technology company whose software was used in connection with Georgia’s bar exam asked a Georgia federal court on Friday to dismiss a proposed class action brought by bar applicants who were initially told that they failed the July 2015 and February 2016 tests but had actually passed.
The American Civil Liberties Union on Friday told a Manhattan federal judge that foreigners detained by immigration authorities for six months or more have a constitutional right to bond hearings, arguing that Second Circuit law demands it.
Egg suppliers urged a Pennsylvania federal judge to grant them a win in multidistrict litigation that accuses them of conspiring to fix egg prices, saying evidence presented during the ongoing trial does not show they were part of a scheme.
Tesla Inc. reached a $1 million deal Thursday to end a putative class action alleging the electric-car maker failed to pay overtime and provide proper meal and rest breaks to hundreds of California-based owner advisers and sales advisers, according to court filings.
A former server at Manhattan’s acclaimed French seafood restaurant Le Bernardin has ended her proposed class action against the company less than four months after filing it, with a New York federal judge dismissing on Thursday her allegations that the eatery and its owners mistreated employees and ignored sexual harassment.
The Ninth Circuit affirmed a $4.5 million settlement resolving wage and meal break claims between Labor Ready Southwest Inc. and a class with more than 200,000 members after rejecting the parties’ earlier agreement, finding Friday that the district court adequately examined the deal’s fairness the second time around.
Players associations for the major sports leagues urged Indiana's high court on Friday to find that state publicity laws bar two daily fantasy sports operators from using players' names and likenesses without consent, in a case likely to echo far and wide after a U.S. Supreme Court ruling opened the door to legalized sports betting nationwide.
NantKwest Inc. investors in a derivative action against directors and officers had their suit thrown out Friday when a judge in Delaware Chancery Court found that they lacked standing to pursue claims over allegedly lax disclosures and insider dealings during and after the biotechnology company’s initial public offering.
Yahoo Inc. agreed Thursday in California federal court to give cash or a membership credit and up to $300,000 in attorneys’ fees to subscribers of its college-sports site who claim the company has violated state consumer protection laws by automatically renewing their subscriptions without their permission.
The Third Circuit on Friday said the full court will not rehear the appeal of a proposed class of consumers suing Owens Corning over the quality of their roof shingles, cementing a panel’s finding that the consumers could not show that all of the products in question had the alleged defect.
Michael Best & Friedrich LLP, Martin Clearwater & Bell LLP and McCarter & English LLP have all recently enhanced their health care abilities with new attorneys in Wisconsin, New York and Pennsylvania, respectively.
A Utah federal judge denied 1-800 Contacts Inc.’s bid to dismiss a consolidated antitrust class action that accuses the lenses retailer of contracting with other retailers to stifle competition, ruling buyers could pursue claims based on purchases up to 14 years old because a separate government action tolled the statute of limitations.
The Delaware Supreme Court upheld the dismissal Friday of a shareholder derivative suit that accused the directors of Viacom Inc. of engaging in self-dealing by awarding unearned compensation to ailing board member Sumner Redstone despite his lack of involvement with the company.
Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.
In its recent decision in Martin v. Quartermain, the Second Circuit reiterated that meeting the Omnicare standard set forth by the U.S. Supreme Court in 2015 is no small task for investors. This strict application of Omnicare ensures that Section 10(b) jurisprudence remains focused on identifying truly fraudulent conduct, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.
When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.
Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.
In Vellali v. Yale University, the U.S. District Court for the District of Connecticut recently granted in part and denied in part a motion to dismiss a lawsuit against Yale’s 403(b) plan fiduciaries. Arthur Marrapese of Barclay Damon LLP compares this to decisions in other similar cases, and offers insight on the future of these kinds of claims in the Second Circuit.
On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.
In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.
While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.
In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.