The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.
Kansas Secretary of State Kris Kobach was hit with sanctions for “deceptive conduct” in a discovery dispute over documents in connection to immigration and voter reform and ordered to be deposed for an hour, even though he’s an attorney in the suit, according to a Friday order.
The Texas Supreme Court agreed Friday to hear a would-be class action from borrowers alleging payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts.
A pension fund stockholder of DeVry University Group sued the for-profit educational organization, six directors and its former CEO in Delaware state court Friday, saying the defendants had breached their financial duties by allowing deceptive marketing that cost the organization more than $100 million in regulatory penalties.
A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.
A California federal judge sent a class action brought by Volkswagen dealers against Robert Bosch GmbH and Robert Bosch LLC back to the drawing board Friday, saying their complaint accusing the technology giants of conspiring with VW to evade emissions regulations “blurs the lines” between the companies.
A New Jersey state appeals court on Friday rejected a bid from home warranty companies to force a putative class action over consumer fraud and related allegations into arbitration, saying a contract did not clearly notify a customer that she was waiving her right to pursue her claims in court.
Two former NFL players with claims against three teams, who remain from a larger suit against all 32 teams alleging players were encouraged to abuse painkillers, told a California judge Thursday the three remaining teams cannot dodge claims as being covered by state workers’ compensation laws.
General Motors LLC has agreed to a private, confidential settlement that could resolve hundreds of claims against the automaker over an allegedly defective ignition switch, GM’s lawyers said in a letter to the New York federal judge overseeing the multidistrict litigation.
The sides in the lawsuit over Providence Service Corp.’s $400 million purchase of Matrix Medical Group told the Delaware Chancery Court on Friday they’d resolved the dispute with a settlement that would see $10 million, minus attorneys’ fees and expenses, paid to the investor class that challenged the deal.
General Motors on Thursday said it had wrapped up a three-year-long consent order with the National Highway Traffic Safety Administration over the automaker’s delayed recall of vehicles affected by an ignition switch defect, saying that it will continue working with the agency on safety issues.
A Walter Investment Management Corp. investor sued the mortgage lender’s board of directors in Pennsylvania federal court on Thursday over allegations they knew about but did not disclose the company’s weak internal controls and involvement in potentially fraudulent practices.
A partner who sued Sedgwick LLP for gender-based discrimination has agreed to drop her putative class action in California federal court after reaching a settlement with the firm, according to a filing on Thursday.
On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.
A group of Virginia residents filed a proposed class action in federal court Thursday alleging that an internet lending company engaged in a "rent-a-tribe scheme" to allow it to charge illegally high interest rates on its loans while attempting to use a Michigan tribe's sovereign immunity as a shield from suit.
The U.S. Supreme Court’s recent ruling that out-of-state patients can't bring claims in California against Bristol-Myers is set to reshape mass torts, and a Third Circuit decision in a failure-to-warn suit puts juries in charge of deciding whether the FDA would have approved stronger warning labels on a drug. Here, Law360 takes a look at the top cases in the first half of 2017.
Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.
A California federal judge on Friday ended a former Walgreen Co. employee’s suitable seating case, ruling Friday she couldn’t sue the company for labor violations after getting paid her portion of a $23 million settlement in another case.
Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.
Dell Inc. agreed Thursday to drop its claims against Hitachi Ltd., and Hitachi’s joint venture with LG Electronics Inc., in a suit alleging a conspiracy to fix prices for optical disk drives, which is part of a sprawling antitrust multidistrict litigation in California involving a slew of manufacturers.
The Delaware Chancery Court’s recent decision in SWS Group raises the question whether below-the-merger-price appraisal results will now become more common. A number of commentators have suggested that the answer is yes, but their conclusion follows what we believe to be a misconception, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.
Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.
The Ninth Circuit’s decision in Resh v. China Agritech opens the door to the possibility of serial, successive attempts to certify a class in securities and other cases, potentially exposing defendants to an almost never-ending series of class actions, says Peter Hawkes of Lane Powell PC.
Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.
Tutorials in the form of “science days” are an increasingly common way for judges to learn more about the science behind litigation over medical and consumer products and chemical exposures. The science day held recently by a California state court judge overseeing talcum powder litigation provides valuable insights into the process, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.
Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.