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Class Action

  • January 18, 2019

    Volleyball Players Win Cert. In Sex Abuse Cover-Up Suit

    An Illinois federal judge on Friday certified a class of potentially thousands of youth volleyball players on claims that banned USA Volleyball coach Rick Butler concealed the fact that he had sexually abused underage athletes from customers of his clinics and camps.

  • January 18, 2019

    Nissan Must Face Suit Over Faulty Altima Transmissions

    A Massachusetts federal judge Friday rejected Nissan’s attempt to dismiss a class action alleging certain Altima models were sold with dangerously defective transmissions, finding the suit asserted plenty of specifics despite the carmaker’s insistence the claims are too vague.

  • January 18, 2019

    Costco Can’t Toss Non-Calif. Plaintiffs In Hep. A Berry Suit

    A California federal judge has denied Costco Wholesale Co. Inc.'s bid to dismiss non-California plaintiffs from a class action over a frozen berry mix that allegedly started a hepatitis A outbreak, saying the company can't raise that defense after several years participating in the suit.

  • January 18, 2019

    Prison Co. Stock’s Non-Reaction To Disclosures Dooms Cert.

    A Tennessee federal judge declined Friday to certify a class of investors who allege that private prison operator CoreCivic Inc. misrepresented its safety, security and rehabilitation standards, saying shares of the company didn’t decline when the supposed misstatements were first revealed.

  • January 18, 2019

    2nd Circ. Won't Budge On Reviving IBM Workers' ERISA Suit

    The Second Circuit won’t rethink its decision to revive a proposed Employee Retirement Income Security Act class action accusing IBM of wrongly investing its workers’ retirement savings into overvalued company stock, the court ruled Friday.

  • January 18, 2019

    BofA Tells High Court 401(k) Row Was Decided Correctly

    Bank of America Corp. urged the U.S. Supreme Court Thursday to not review a case seeking to compel a judge to force the bank to disgorge 401(k) plan transaction profits, saying the judge correctly found no profits existed, and he shouldn’t have to issue an inappropriate remedy.

  • January 18, 2019

    Driver Slams State Farm's Bid To Toss Fla. PIP Statute Suit

    A woman challenging a Florida law allowing insurers to deny personal injury protection claims for people injured in car crashes who don’t seek treatment within 14 days told a Florida federal judge Friday that State Farm can’t escape her putative class suit, arguing that an order in a related state court case doesn't preclude her claims.

  • January 18, 2019

    Drug Distributors Can't Appeal RICO Ruling In Opioid MDL

    An Ohio federal judge on Friday blocked drug distributors from trying again to keep racketeering allegations out of a bellwether trial in the opioid multidistrict litigation, rejecting assertions that enormous damages associated with racketeering will hinder settlement talks.

  • January 18, 2019

    Pharma Investor Says $180M Deal Proxy Lacks Key Info

    A shareholder of intravenous pain medication developer Avenue Therapeutics Inc. filed suit in Delaware federal court Thursday against the company’s directors alleging a proxy statement describing a $180 million acquisition of the company is misleading due to the omission of material information.

  • January 18, 2019

    'Art Bastard' Drops $100M Cartel Case Against NYC Museums

    The so-called Art Bastard who sued prominent New York City museums claiming the “corporate museum cartel" kept him and others out of the high-end art market has decided to drop his $100 million antitrust suit against the Metropolitan Museum of Art and four others.

  • January 18, 2019

    Zynga Settles Chancery Insider Stock Sale Suit For $11.25M

    A once-dismissed derivative suit targeting insider trading in 2012 by directors of online game maker Zynga Inc. ended in Chancery Court Friday with an $11.25 million settlement for the company and pruned fee awards for the lead stockholder and class attorneys.

  • January 18, 2019

    Forex Suit $300M Fee Objector Slams Class’ Appeal Bond Bid

    The lone objector to $300 million in attorneys' fees granted in relation to $2.3 billion in settlements with banks over alleged benchmarking rate rigging in the foreign exchange markets has hit back at an investor class’ bid to require a $1.4 million bond while he appeals the award, telling a New York federal judge Friday that the request is unnecessary and burdensome.

  • January 18, 2019

    CDK Dodges Late Discovery Request In Antitrust Suit

    An Illinois federal judge shut down a discovery request made by companies accusing CDK Global LLC of conspiring with a rival to monopolize the market for car dealership data, saying that deadlines set by court orders are important.

  • January 18, 2019

    Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

    The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan.

  • January 18, 2019

    AMD Computer Chip Buyers Win Cert. In False Ad Suit

    Consumers who say Advanced Micro Devices falsely advertised certain computer chips as having eight “cores” when they really had fewer can pursue their claims against the tech company as a class, a California federal judge ruled Thursday.

  • January 18, 2019

    Door Maker Looks To Move Antitrust Suit Out Of Virginia

    Masonite Corp. has asked a Virginia federal court to transfer a case accusing it and fellow door maker Jeld-Wen Inc. of a price-fixing conspiracy, arguing the proceeding has no connection to the district and complaining that the plaintiffs were engaging in "flagrant forum shopping."

  • 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.

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.

  • 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.