Class Action

  • April 27, 2017

    Web Service Hit With Suit For Selling User Data To Uber

    A web service that allows users to unsubscribe from mailing lists and newsletters was slapped with a privacy suit Wednesday in California federal court over claims it failed to adequately disclose its practice of scanning user emails and selling data to third parties, including Uber.

  • April 27, 2017

    Investors Fight SEC Receiver Bid To Beat Case Without Trial

    Investors in funds that were seized by the Securities and Exchange Commission told an Illinois federal judge on Thursday that the receiver has failed to undercut their case that she’d breached her fiduciary duties, saying she made more efforts to curry favor with the SEC than recover assets on their behalf.

  • April 27, 2017

    Medical Experts Call Zimmer MDL Subpoenas Inappropriate

    A plaintiffs' consultant in the Illinois federal court Zimmer NexGen knee implant multidistrict litigation filed a broadside Wednesday over Zimmer's bids for more than 100 plaintiff depositions and massive quantities of allegedly privileged documents, saying they go against court order.

  • April 27, 2017

    Investors Say Ambac Can’t Shed Suit Over Puerto Rican Bonds

    Investors accusing Ambac Financial Group Inc. of misleading them about its $2.5 billion Puerto Rican bond portfolio have asked a New York federal court to keep their proposed class action alive, saying Tuesday that the bond insurer’s cautionary statements were too boilerplate to protect it from liability.

  • April 27, 2017

    NFL Sees Claims Dropped Over Canceled Hall Of Fame Game

    A proposed ticket-holder class action in Ohio federal court over the abruptly canceled NFL Hall of Fame Game last year will now focus on the operator of the Canton, Ohio, museum that runs the annual preseason contest, after plaintiffs dropped their claims against the NFL on Wednesday, though they reserved the right to refile.

  • April 27, 2017

    KiOR Investors Seek OK For $4.5M Stock Drop Deal

    A group of investors in biofuel developer KiOR Inc. asked a Texas federal court Wednesday to approve a $4.5 million settlement of class claims that the company’s CEO hid technical difficulties at the company’s first production facility.

  • April 27, 2017

    Class Cert. Bid On Ambulance Co. Rest Break Claims Revived

    A California appeals court has said a trial court’s denial of class certification to a group of ambulance service company employees alleging the company’s meal and rest period policies violate state law rested in part on an incorrect legal assumption about the rest periods, sending the case back to the lower court.

  • April 27, 2017

    Investors Challenge $630M Harland Clarke, RetailMeNot Deal

    Just weeks after payment and marketing company Harland Clarke Holdings Corp. announced a $630 million deal to buy online coupon company RetailMeNot Inc., the target's investors launched a class action Wednesday in Delaware federal court saying the deal shortchanged them and the solicitation statement contained falsehoods.

  • April 27, 2017

    Stock Drop Not Caused By Misrepresentations, Fitbit Says

    Fitbit Inc. on Wednesday urged a California federal judge to throw out an investor class action accusing the company of artificially inflating its stock price by hiding problems with its fitness tracking technology, saying the alleged losses are easily explained by factors other than fraud.

  • April 26, 2017

    BlackRock Tries To Nix Class Action Over Traded-Fund Risks

    BlackRock Investments LLC asked a San Francisco judge Wednesday to toss a putative class action alleging the asset management firm misrepresented to investors the risks associated with exchange-traded funds, arguing at a hearing that the claims were time-barred under securities law.

  • April 26, 2017

    9th Circ. Rebuffs Lime-A-Rita Drinkers' Bid To Rethink Suit

    Bud Light Lime-A-Rita drinkers on Tuesday lost their bid for the Ninth Circuit to reconsider a decision in early March shutting down their claims that Anheuser-Busch LLC tricked them into thinking the sugar-loaded beverage is a low-calorie drink.

  • April 26, 2017

    Ruling In GM Case Clarifies Liability Limits In Bankruptcies

    The U.S. Supreme Court’s rejection of General Motors’ bid to dodge responsibility for some of its predecessor company’s actions even after a 2009 bankruptcy makes clear that some buyers in Chapter 11 sales cannot rely on traditional rules to escape liability when parties aren’t properly notified about lingering claims, experts say.

  • April 26, 2017

    NHL Can't Get Most Brain Research Docs From CTE Center

    A Minnesota federal judge on Wednesday largely denied the National Hockey League’s bid to compel the Boston University CTE Center and its researchers to hand over materials related to its study of chronic traumatic encephalopathy, the degenerative brain disease at the center of the litigation.

  • April 26, 2017

    2nd Circ. Affirms Call To Toss Ship Investor’s Derivative Suit

    An investment company that sued the directors of Star Bulk Carriers Corp. for cutting deals that allegedly harmed the company’s bottom line was defeated Wednesday in the Second Circuit, which said F5 Capital failed to show that making demands of the directors would have been futile, and clarified its authority in an area where precedent was “virtually nonexistent.”

  • April 26, 2017

    Pharmacies' Price-Fixing Actions Too Similar, Judge Says

    A Pennsylvania federal judge won’t reconsider denying certification to some independent and chain pharmacies accusing Medco and other benefit managers of paying them less than other chains for drug sales, ruling Wednesday they failed to demonstrate their proposed class didn't overlap with another would-be class alleging a similar price-fixing scheme.

  • April 26, 2017

    Judge Trims Acura Drivers' Suit Over 'Parasitic' Devices

    A California federal judge on Tuesday trimmed claims in a suit alleging "parasitic" devices in Acura cars for hands-free calling drained batteries, but declined to dismiss a proposed nationwide class, rejecting American Honda Motor Company Inc.’s contention that the proposed class can’t rely on California law.

  • April 26, 2017

    Good Tech Investors Seek Class Cert. In $425M Merger Fight

    Common stockholders of California software firm Good Technology Corp. argued Wednesday in Delaware state court to have the shareholders certified as a class of litigants seeking damages from a 2015 merger with BlackBerry Ltd.

  • April 26, 2017

    Calif. DFS Workers Ring Up $1.6M Meal, Rest Break Deal

    A San Francisco judge on Wednesday gave final approval to a $1.575 million class action settlement between luxury retailer DFS Group LP and a class of its retail workers, ending claims the employees weren’t compensated for missed meal and rest breaks in accordance with California labor laws.

  • April 26, 2017

    Taxi Cos. Let Drivers Pose As Uber Rides, NJ Suit Says

    Uber drivers in Atlantic City, New Jersey, have filed a class action in state court against Atlantic City Yellow Cab, claiming that drivers for the company have been illegally posing as Uber drivers and that the company knowingly allowed this practice.

  • April 26, 2017

    AmEx Antitrust Judge In No Hurry With DOJ Appeal Likely

    The Brooklyn federal judge handling antitrust claims against American Express over rules barring merchants from suggesting the use of other credit cards was in no hurry Wednesday to prod the the six-year-old litigation forward, with a key ruling in favor of AmEx in a related case possibly bound for the Supreme Court.

Expert Analysis

  • How Privilege Applies To Multinationals' In-House Counsel

    Devika Kewalramani

    How does attorney-client privilege apply to an international company with corporate legal departments at a U.S. parent and at foreign subsidiaries? When does it attach to communications between such entities? These questions were the subject of a recent decision by a New Jersey federal court. The court's opinion provides real-world guidance to both in-house and outside counsel, say attorneys from Moses & Singer LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

    Icon

    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Is 'Class Arbitration' An Oxymoron?

    professional_gilbert-a-samberg.jpg

    The premise is that “class arbitration” signifies the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding. Here we examine possible bases for the viability of class arbitration. Spoiler alert — they do not hold up to scrutiny, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.