Class Action

  • November 25, 2020

    Monsanto, BASF Get $265M Dicamba Verdict Slashed To $75M

    A Missouri federal judge on Wednesday cut a punitive damages award that a Missouri farm won against Monsanto and BASF in a bellwether trial over claims the weedkiller dicamba ruined the farm's peach trees from $250 million to $60 million, ruling that the case involved only economic damages as opposed to physical harm.

  • November 25, 2020

    2nd Circ. Revives Chinese Education Co. Investor Suit

    The Second Circuit revived a securities suit against China-based TAL Education Group on Wednesday after finding investors had sufficiently supported their claims that TAL secretly controlled two companies in which it had invested.

  • November 25, 2020

    ​​​​​​Walmart Shoppers Strike $5M Deal In Return Policy Fight

    A Missouri federal judge on Wednesday gave his blessing to a proposed $5 million class settlement resolving Walmart shoppers' claims that the retail giant stiffed customers on full refunds when accepting returns.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

  • November 25, 2020

    Norwegian Cruise Rips Investors' Virus Sales Fraud Claims

    Norwegian Cruise Line slammed investors' claims that it ran a "top-down" deceptive sales campaign downplaying the COVID-19 pandemic to prospective customers in order to stave off revenue losses, maintaining that it doesn't have to disclose allegedly aggressive sales practices.

  • November 25, 2020

    Toyota Gets Faulty Highlander Drive Shaft Suit Axed For Now

    A California federal judge has dismissed a proposed nationwide consumer class action accusing Toyota Motor Corp. of creating Highlander model SUVs with defective drive shafts and knowingly concealing the issue, but gave the proposed class a chance to amend its complaint.

  • November 25, 2020

    Coke Bottler Accused Of 'Glaring' ERISA Breach In 401(k) Suit

    Former employees of the country's largest Coca-Cola bottler have hit the company, its board and its benefits committee with a proposed class action in North Carolina federal court, alleging they mismanaged their retirement portfolio and participated in a "glaring breach" of their fiduciary duties under the Employee Retirement Income Security Act.

  • November 25, 2020

    200,000-Member ERISA Class Certified In TIAA Lending Beef

    A New York federal judge certified a nationwide class of nearly 8,000 retirement plans covering more than 200,000 participants in a lawsuit alleging the Teachers Insurance and Annuity Association unlawfully profited from its retirement loan program, appointing Berger Montague PC and Schneider Wallace Cottrell Konecky LLP class counsel.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Calif. Walgreens Workers Bag $4.5M Wage Deal

    Walgreens and a class of workers have received a California federal judge's approval for their $4.5 million settlement to resolve claims that the pharmacy chain broke Golden State labor law by not paying all wages to employees at its distribution centers.

  • November 25, 2020

    Danish Gov't Fires Back At Bid To Toss $2.1B Tax Fraud Suit

    Denmark's government urged a Manhattan federal judge not to toss its enhanced $2.1 billion tax refund fraud suit, arguing the claims are timely and that counterclaims should be rejected on the same grounds the court denied an initial dismissal bid.

  • November 25, 2020

    Facebook's $650M Biometric Privacy Deal Draws 1.5M Users

    More than 1.5 million Illinois Facebook users are seeking to claim a share of a proposed $650 million deal to resolve biometric privacy claims brought against the social media company in California federal court, according to a Wednesday filing by counsel for the parties, who had previously said that roughly 6 million consumers were eligible to participate in the settlement.

  • November 25, 2020

    Baker Botts Nabs Jenner & Block ERISA Vet In San Fran

    Baker Botts LLP has picked up its first West Coast-based Employee Retirement Income Security Act expert, adding a veteran ERISA litigator from Jenner & Block LLP to its ranks in San Francisco.

  • November 25, 2020

    MoFo Pans 'Self-Righteous Say-So' In Maternity Bias Case

    Morrison & Foerster LLP has fired off a final effort to shut down allegations that the firm discriminates against mothers before the claims wind up before a jury, insisting that the two accusers remaining in the litigation ignore the facts and rely on "self-righteous say-so."

  • November 25, 2020

    Drivers Say GM Engines Were 'Engineered To Fail'

    A group of drivers led by a siding business is hitting General Motors LLC with a proposed class action alleging that it knowingly sold vehicles with engines "engineered to fail" through a defective oil system.

  • November 25, 2020

    Suit Says 'Infant' Fever Drugs Are Same As 'Children' Drugs

    Parents who bought infant fever medication made by Prestige Consumer Healthcare Inc. are suing the company in California federal court, alleging in a proposed class action that the drugs are the same dosage and formula as the medication labeled for children, but at nearly double the price.

  • November 25, 2020

    Texas PI Firm Settles Client Poaching Suit With Fired Atty

    A Texas personal injury firm has resolved a dispute with a former attorney it accused of poaching 50 mass tort litigation clients after she was fired for what the firm says was bad performance, just weeks after the fight hit the courts.

  • November 25, 2020

    Chicago Union Reaches $3M Deal In Race Bias Suit

    A pipefitters' union struck a $3 million deal to end a long-running class action brought in Chicago federal court by Black workers who were allegedly boxed out of quality job opportunities.

  • November 24, 2020

    Judge Trims Drivers' Suit Over Cracked Subaru Windshields

    A New Jersey federal judge on Tuesday trimmed several counts from a proposed class action against Subaru over alleged spontaneously cracking windshields but left most counts intact, ruling the consumers can sue over vehicle models they have not owned or leased.

  • November 24, 2020

    2nd Circ. Reverses 1-800-Flowers Investor's $4.9M Win

    The Second Circuit has overturned a decision in a derivative securities suit ordering a hedge fund with a stake in 1-800-Flowers to cough up the $4.9 million it earned buying and selling company stock, finding that questions remain over who controls the shares in the flower delivery retailer.

  • November 24, 2020

    NY Judge 'Surprised' By Fee Application In Libor Rigging Case

    A New York federal judge wasn't happy with the amount of hours or law firms on the attorney fee bill she received in the wake of a $187 million deal with JPMorgan and other major financial institutions over claims of interbank rate rigging, but on Tuesday she granted $45 million in fees anyway.

  • November 24, 2020

    Luckin Coffee, Banks Seek Nix Of Shareholder Securities Suit

    Chinese coffeehouse chain Luckin Coffee and its underwriters filed dual motions Monday asking a New York federal judge to dismiss shareholder class action claims that their negligence and misinformation caused the company's stock to plunge following news of hundreds of millions of dollars in fabricated sales.

  • November 24, 2020

    Chancery Slams Gilead Stonewalling Over Records Demands

    Pointing to "overly aggressive" efforts by Gilead Sciences Inc. to shut down demands for records as part of stockholder investigations into potential company malfeasance over its AIDS drug, a Delaware vice chancellor has ordered the company to cooperate and authorized investors to seek shifting their legal fees to the company, saying Gilead's conduct "epitomizes a trend."

  • November 24, 2020

    NFL Retirement Plan Faces New Suit Over CBA Disability Cuts

    Three former NFL players hit the league's retirement and disability benefits plans with a proposed class action alleging the retirement plan unlawfully shifted benefits between the plans, a move that set up the league and the players union's controversial agreement to cut disability benefits for potentially hundreds of retired players in the labor agreement reached earlier this year. 

  • November 24, 2020

    Suit Says DaVita Cos. Broke Pay Promise During Pandemic

    DaVita subsidiaries denied workers premium pay after the Trump administration declared a public health emergency in response to the novel coronavirus, despite a written policy to pay enhanced wages during a declared emergency, according to a proposed class action removed to Washington state federal court.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 5 Tips For In-House Counsel Anticipating Cyber Class Actions

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    In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • When A Product Liability Case Can't Survive Outside An MDL

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    Baca v. Johnson & Johnson, a recent pelvic mesh lawsuit brought in Arizona federal court, is a perfect example of how some product liability cases that might be accepted in a multidistrict litigation contain deficiencies that cannot withstand scrutiny when tried individually, says Rachel Weil at Reed Smith.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Divergent Insurance Rulings Portend More Virus Litigation

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    A North Carolina state court and Mississippi federal court recently reached opposing conclusions in COVID-19 insurance coverage lawsuits despite analyzing similar business interruption policy language, likely encouraging further litigation over unsettled coverage questions, says Mark Binsky at Abrams Gorelick.

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