The U.S. Supreme Court on Tuesday ruled that state courts can continue to hear certain securities class actions brought under federal law, delivering a blow to underwriters and newly public companies that argued such claims belong only before federal judges.
A California federal judge granted preliminary approval Monday to two settlements totaling $290 million from Pershing Square Capital Management LP and Valeant Pharmaceuticals International Inc. to resolve investor claims of an insider-trading scheme ahead of their failed takeover bid for Allergan Inc.
Three years after their initial claims were tossed, a putative class of investors accusing BlackBerry Ltd. of inflating the value of its stock by hiding poor performance of its Z10 smartphone saw their suit revived after a New York federal judge halted a dismissal attempt of their newly amended complaint, finding Monday that important information had emerged.
A lengthy legal fight ended for thousands of Florida homeowners Friday when Gov. Rick Scott signed the 2018-19 state budget, including $52 million for judgments they won as compensation for Florida's having cut down their healthy citrus trees in an effort to eradicate the plant disease citrus canker.
A California federal judge on Monday tentatively refused to certify a nationwide class of potentially hundreds of thousands of Monster energy drink buyers on claims that certain slogans the company put on its beverages’ labels tricked them into thinking the caffeine-laden drinks don’t bear any health risks.
Hospitality giants such Hyatt Hotels Corp., Hilton Worldwide Holdings Inc., Marriott International Inc. and Wyndham Worldwide Corp. were named in a class action Monday, alleging the companies are engaged in an anti-competitive agreement to not advertise against each other via Google and other search engine-generated results.
Caterpillar Inc. retirement plan participants suing Aon Hewitt for allegedly violating the Employee Retirement Income Security Act through an advisory fees kickback scheme saw their proposed class action thrown out Monday, when an Illinois federal magistrate judge found the suit lacked evidence to support its claims.
Two law firms are battling it out in New York bankruptcy court to see who will lead a proposed class action against Westinghouse Electric on behalf of workers laid off on short notice, with both firms trading barbs and beating their chests in an attempt to muscle out the competition.
A Minnesota federal judge on Monday said she would not reconsider the dismissal of a proposed securities class action accusing Target of misleading investors amid its tumultuous expansion into Canada, saying public statements company executives had made during the expansion don't meet the standard for securities fraud.
A California bankruptcy judge has approved a settlement ending the bankruptcy of defunct class action law firm Eagan Avenatti LLP — owned by the attorney representing Stormy Daniels in her legal battle against President Donald Trump — that allows a former partner to collect $4.85 million to resolve his claims of allegedly unpaid fees.
Catalog and online retailer Fingerhut got slapped with a putative class action in Illinois federal court on Monday by an Illinois man who says the company has been placing unlawful calls seeking payment for products he never purchased, in violation of the Telephone Consumer Protection Act.
An Illinois federal judge on Monday rejected UBS Securities LLC’s attempt to dismiss or force arbitration of proposed class and collective action allegations that it forces laid-off workers to sign away any claims against it in order to receive some deferred compensation, a scheme that allegedly disproportionately affects its older staff.
A putative class of Facebook users urged a California federal court Friday to find the social media giant unlawfully used facial-recognition technology to collect biometric data without appropriate consent, while the company argued the case should be tossed since no injury has been shown.
Allied Building Products Corp. has agreed to pay $2.5 million to settle a proposed class action in California accusing the company of failing to pay overtime and provide meal breaks to a group of drivers and loaders.
A Pennsylvania-based student loan servicer dodged a proposed class action Monday claiming it illegally converted federal teaching grants to loans, when an Ohio federal judge found allegations under the Racketeer Influenced and Corrupt Organizations Act and for unjust enrichment fell short of pleading requirements.
3M Co., a Tyco International unit and three other companies accused of contaminating the water supply in the Philadelphia area pushed back Friday against an attempt by residents to resume the case, arguing that they haven't given a good reason to lift the judge's stay before two related cases are decided at the Third Circuit.
A Delaware Chancery judge refused on Monday to toss stockholders' challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Inc., finding there are enough potential conflicts between Oracle's directors and its founder Larry Ellison, who also controls NetSuite, that the investors didn’t have to take their legal challenge to the board before suing.
A customer can’t sue Rite Aid Corp. for charging patients with private insurance higher co-pays than cash-paying customers who enroll in its generic-drug discount program because there’s nothing legally requiring it to match the prices, the pharmacy told a California federal court Friday, hoping to ditch a potential class action.
A California federal judge declined Monday to grant Scotts Miracle-Gro Co.’s bid to throw out a class action alleging the lawn and garden products maker knowingly sold bird food laced with toxic pesticides, ruling it can’t get a quick win based on a 2017 U.S. Supreme Court ruling.
The U.S. Supreme Court on Monday decided not to take up a Japanese airline’s challenge to a Ninth Circuit ruling that allowed a price-fixing suit to proceed against it, setting the stage for All Nippon Airways to duke it out with consumers before a jury this summer.
Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.
For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.
The past month has illustrated that while the opioid epidemic has worsened, solutions to the crisis have begun to emerge. However, all solutions are destined to be very expensive and raise questions as to whether the cost of the opioid battle is more justifiably absorbed by public health legislation, the private pharmaceutical industry or insurers, says Adam Fleischer of BatesCarey LLP.
The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an ANDA, or abbreviated new drug application — as opposed to an NDA, or new drug application — federal regulation of drug labeling preempts state-law failure-to-warn claims, says Steven Boranian of Reed Smith LLP.
Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.
Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.
If an employee asserts representative claims seeking civil penalties from his employer under California’s Private Attorneys General Act, are they arbitrable by agreement of the parties? Courts should adopt a unified approach to this question and allow representative PAGA claims to be arbitrated, so long as they are not outright waived, say M.C. Sungaila and Marco Pulido of Haynes and Boone LLP.
The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.
Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.
The Colorado Supreme Court's recent decision in Hernandez v. Ray Domenico Farms is notable because it clarifies for employers (including multijurisdictional employers) and employees alike that unpaid wage claims under Colorado law have the same statute of limitations as claims under the Fair Labor Standards Act, say attorneys with Brownstein Hyatt Farber Schreck LLP.