We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Class Action

  • January 18, 2019

    Retailers Slam DC Circ. Appeal In Centerplate Receipt Row

    Groups representing retailers and the franchise industry have urged the D.C. Circuit to toss a consumer's appeal of a lower court ruling that dismissed her proposed Fair and Accurate Credit Transactions Act class action against sports concessionaire Centerplate Inc., arguing that such suits unnecessarily threaten businesses.

  • January 18, 2019

    Class Action Group Of The Year: Bernstein Litowitz

    By securing victories for clients through creative approaches that maximized high-dollar awards, Bernstein Litowitz Berger & Grossmann LLP earned a spot among Law360's 2018 Class Action Groups of the Year.

  • January 18, 2019

    Judge Holds Off On Stopping Tough Mudder Split, For Now

    Tough Mudder will be able to proceed with a spinoff of a studio fitness business from its obstacle course business, provided it can show a Massachusetts federal judge it is not dividing its corporate entity and can pay a judgment sought by a proposed class of runners who sued over a relocated event, the judge said Thursday.

  • January 18, 2019

    Lead Counsel Seeks $4.5M Cut Of $18M ITG Trading Deal

    Lead counsel in the now-settled class action dispute over allegations that Investment Technology Group Inc. concealed a trading desk that made profits from supposedly confidential trading data asked a New York federal court on Thursday for a $4.5 million cut of the $18 million settlement that brought the suit to a close.

  • January 17, 2019

    5M Walmart Workers Win Cert. In Background Check Suit

    Roughly 5 million people who applied for a job at Walmart Inc. can pursue a class action alleging the retail giant added extraneous material to background check notices it issued to applicants and new hires in violation of the Fair Credit Reporting Act, a California federal judge ruled Thursday.

  • January 17, 2019

    Calif. Justices To Hear Tire Center Wage-And-Hour Suits

    The California Supreme Court agreed to consider whether Certified Tire and Service Centers Inc. employees were bilked out of enhanced pay under the company’s system of rewarding them only for certain types of work, according to a brief filing Wednesday.

  • January 17, 2019

    Spouse Deportations Suit Paused Despite ACLU Objections

    A proposed class action against the Trump administration by citizens fighting deportation orders for their immigrant spouses has been stayed until at least early February due to the government shutdown, a Massachusetts federal judge ruled Thursday, despite objections to the delays raised by the American Civil Liberties Union.

  • January 17, 2019

    At Objector's Urging, Judge Rules Against Him In Edelson Suit

    An Illinois federal judge entered judgment against a Texas attorney known for representing objectors to class action settlements on Thursday, granting the attorney’s own motion and ending Edelson PC’s lawsuit accusing him of using the objection process to extort plaintiffs’ attorneys.

  • January 17, 2019

    $9M Protein Shake Settlement Gets Judge's OK

    A class of fitness fans had a $9 million settlement with Premier Nutrition Corp. approved by a Brooklyn federal judge on Thursday, winning up to $34 per class member and $3 million for the lawyers and putting to rest claims that Premier overstated the protein content of its shakes.

  • January 17, 2019

    Autodial Suit Against Cox To Go Forward Sans FCC Guidance

    Cox Communications Inc. has lost its bid to pause a Telephone Consumer Protection Act suit over repeated robocalls while the Federal Communications Commission revamps the definition of an autodialer, as an Arizona federal judge ruled Thursday that a recent Ninth Circuit decision gives it all the guidance he needs.

  • January 17, 2019

    Prison Callers Stuck Proving 'Intent' In Securus Recording Suit

    A class of ex-prisoners and attorneys suing prison telephone company Securus Technologies Inc. for tapping their calls lost their bid to appeal a ruling that “intent” is required to bring their California Invasion of Privacy Act claim, as a federal judge said Wednesday that rehashing the issue would be a waste of resources.

  • January 17, 2019

    Retirees' Deal With PPG Nets $7.7M, Health Benefits For 7 Yrs.

    PPG Industries Inc. will pay a class of retirees $7.65 million and ensure them health benefits through 2025 to settle allegations that the paint and chemical company wrongly cut off promised lifetime health benefits, the retirees told an Ohio federal court Thursday.

  • January 17, 2019

    Pa. Workers Say Janus Means They Can Quit Union Anytime

    Three workers at the Pennsylvania Department of Labor and Industry filed a proposed class action in federal court Thursday against the state and the Pennsylvania Social Services Union, claiming contract provisions and state law barring them from quitting the union until the end of the contract were unconstitutional after the U.S. Supreme Court’s Janus ruling.

  • January 17, 2019

    Insulin Patients Impacted By Drug-Pricing Scheme, Court Told

    A class of diabetes patients alleging the three top insulin manufacturers colluded to drive up medicine prices for the uninsured and underinsured told a New Jersey federal judge Thursday they have standing to file a racketeering claim because they're the only ones in the supply chain injured by the practice.

  • January 17, 2019

    Customers Can't Claim Pet Food Was Toxic, Judge Says

    An Illinois federal judge has cleaved the bulk of claims from a putative class action brought by two buyers of Champion Petfoods USA Inc. products who alleged they were deceived by boasts about the pet food's health benefits despite a study saying it contained heavy metals.

  • January 17, 2019

    Qihoo's $9.3B Take-Private Play Conned Investors, Says Suit

    A former investor in Qihoo 360 Technology Co. told a New York federal judge on Thursday that the Chinese internet security company cheated shareholders who approved a $9.3 billion take-private deal in 2016, unaware that the company secretly planned to relist its shares in China the following year.

  • January 17, 2019

    Biz Groups Back GrubHub In 9th Circ. Gig Economy Row

    The U.S. Chamber of Commerce and others have told the Ninth Circuit that upending a California federal judge's finding that an ex-GrubHub driver was an independent contractor and not an employee would devastate internet and gig-economy businesses that rely on independent contractors.

  • January 17, 2019

    Investor Says Info On InfraREIT-Oncor Merger Is Misleading

    A shareholder in real estate trust InfraREIT filed a proposed class action in Texas federal court Thursday challenging the financial basis for a recommended $1.3 billion acquisition of the company by Oncor Electric Delivery Co. LLC, saying he and fellow investors are being misled.

  • January 17, 2019

    NFL Wants Former Players' Revived Painkiller Suit Dismissed

    The NFL asked a California federal court to once again dismiss a proposed class action by former players alleging the league was negligent in providing them painkillers to get back in the game, saying the players didn't show that any NFL employees were involved in giving them the drugs.

  • January 17, 2019

    Bank OZK Wants $46M Bad-Loan Suit Moved To Arkansas

    A proposed securities class action accusing Bank OZK and two of its executives of hiding $46 million lost in bad real estate loans should be moved to the bank’s home state of Arkansas where a similar case is already underway, the bank told a New York federal court Wednesday.

Expert Analysis

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels LLP.

  • High Court's Emulex Issue Is Narrower Than Some Suggest

    Corban Rhodes

    Some have seen the U.S. Supreme Court’s recent decision to hear Emulex v. Gary Varjabedian as an opportunity to deny investors any ability to bring claims under Section 14(e) of the Securities Exchange Act. This effort is misguided for several reasons, say Corban Rhodes and Anna Menkova of Labaton Sucharow LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • A 9th Circ. Shift On Timing For Class Cert. Motions

    Neal Ross Marder

    With its recent decision in ABS Entertainment v. CBS Corp — striking down a local rule that governs the time period for filing a motion for class certification — the Ninth Circuit created a major change to class actions in the Central District of California, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.