Class Action

  • October 20, 2021

    Caltech Fights USC Workers' Subpoena in ERISA Case

    University of Southern California workers' bid to pry loose information about Caltech's retirement plan fees is an "improper" attempt to use the Caltech plan information to lay the foundation for a new suit, Caltech told a California federal court.

  • October 20, 2021

    Cannabis Co. Took Workers' Tips, Employee Alleges

    An Arizona cannabis company has been hit with a proposed class action from a worker alleging that tipped employees don't receive the full value of their tips because managers and supervisors pool them and take a cut.

  • October 20, 2021

    8th Circ. Sends Civilians' 3M Earplug Suits To State Court

    The Eighth Circuit on Wednesday sent to state court civilians' claims that they were not warned about the alleged dangers of earplugs originally designed for the military by a company now owned by 3M Co., saying the military's specifications did not constrain what warnings the company put in the commercially sold models.

  • October 20, 2021

    Donziger Flight Risk Is Only Increasing, 2nd Circ. Told

    Steven Donziger's court-appointed prosecutors urged the Second Circuit on Tuesday not to let the Chevron foe out on bail while he appeals his sixth-month prison sentence for contempt, arguing that Donziger is now more of a flight risk than ever.

  • October 20, 2021

    DOL Says $2.7B BCBS Deal Puts Employers Over ERISA Plans

    The U.S. Department of Labor urged an Alabama federal judge Tuesday to force a partial do-over of the $2.67 billion deal resolving subscriber antitrust claims against the Blue Cross Blue Shield network, arguing the settlement improperly excludes health plans from receiving payouts.

  • October 20, 2021

    Ill. Judge Pauses Little Caesars BIPA Suit

    An Illinois federal judge on Tuesday stayed a suit by two former employees alleging Little Caesars violated the state's landmark biometric privacy law while issues that could affect his claims make their way through the state's appellate courts.

  • October 20, 2021

    Williams Cos. Says Toss Of Del. Poison Pill Tilted Playing Field

    The Williams Cos. told Delaware's full Supreme Court Wednesday that Chancery Court "put its thumb on the scale in favor of short-term activists over directors" when it struck down an unprecedented poison pill defense against stockholder initiatives in February.

  • October 20, 2021

    Students Ask 3rd Circ. To Revive Pitt Pandemic Tuition Suit

    A group of University of Pittsburgh students have urged the Third Circuit to upend a ruling from a trial judge dismissing claims that they were entitled to tuition refunds after the school canceled in-person classes in favor of remote instruction when the COVID-19 pandemic broke out.

  • October 20, 2021

    Mediation Breaks Down On Surfside Collapse Fund Split

    The mediator appointed to help attorneys representing victims of the Champlain Towers South condominium collapse hammer out a deal on how to split funds between those who lost property and those who lost loved ones told a Florida court Wednesday that both sides had dug into "very recalcitrant positions" and had made no progress.

  • October 20, 2021

    Call Center Workers Say Kemper Owes Them OT

    Kemper Corp. call center workers claim in a new potential class action that the insurance giant expects them to handle calls past the end of their shift and during break time, requiring them to perform off-the-clock work without pay.

  • October 20, 2021

    5th Circ. Tosses 3 Deepwater Horizon Spill Injury Suits

    The Fifth Circuit has refused to revive three suits over alleged injuries stemming from the 2010 Deepwater Horizon oil spill, saying the plaintiffs failed to file the suits on time after BP gave notice that they did not intend to mediate the claims.

  • October 19, 2021

    Judge Hints 'End Of Road' For Parents' Google Loot Box Suit

    A California federal judge Tuesday said it "might be the end of the road" for parents' proposed class action claiming Google illegally entices kids to gamble by hosting games in its Play store that sell loot boxes, saying she doesn't see how Google is involved with the virtual treasure chests.

  • October 19, 2021

    Teva Fears 'Incredibly Damaging' Parody Videos In Opioid Trial

    Teva Pharmaceuticals is scrambling to stop jurors in a New York opioid trial from viewing internal videos that transformed famous film scenes into parodies of narcotic painkiller marketing, warning that the clips are so provocative they could single-handedly destroy the drugmaker's defense.

  • October 19, 2021

    Dignity Health Judge Blesses $100M ERISA Deal On Third Try

    A California federal judge on Tuesday granted preliminary approval to a class action settlement he had twice rejected as defective, greenlighting a deal that would require Dignity Health to pay over $100 million to workers who claim the health system underfunded its pension plan by $1.8 billion via erroneous use of ERISA's church-plan exemption.

  • October 19, 2021

    GEO Group Can't Pull ICE Director Into $1-A-Day Wage Retrial

    A Washington federal judge denied GEO Group's request that he order U.S. Immigrations and Customs Enforcement's director to testify in the middle of a retrial over its $1-a-day wages for migrant detainees at a Tacoma holding center.

  • October 19, 2021

    Ex-Boeing Exec's Indictment Bolsters Suit, Investors Say

    A proposed class of Boeing investors says the recent criminal charges lodged against a former company executive for allegedly lying to federal regulators about flight controls on the 737 Max jets are more evidence that their lawsuit against the aerospace giant should be allowed to move forward.

  • October 19, 2021

    Objector Gets $500 'Incentive' Award From Hagens Berman

    A California federal judge has ordered Hagens Berman Sobol Shapiro LLP to cut a $500 "incentive" award check from their attorney fees to objector Shiyang Huang, who helped dramatically reduce the firm's fee award in optical disk price-fixing settlements.

  • October 19, 2021

    Judge Asks Exxon Why Nixed NY Suit Also Dooms Texas Row

    A Texas federal judge on Tuesday questioned Exxon Mobil Corp.'s assertion that a New York state court's decision clearing the company from accusations it concealed what it knew about climate change knowledge requires him to dismiss a Lone Star State shareholder suit alleging the company artificially inflated its stock prices.

  • October 19, 2021

    Tootsie Roll Beats Suit Over Empty Package Space, For Now

    A New Jersey federal judge on Monday threw out a proposed class action accusing Tootsie Roll Industries of dramatically underfilling boxes of Junior Mints and Sugar Babies despite portraying the boxes as adequately filled, finding that the consumer behind the lawsuit lacks standing to sue the confection manufacturer.

  • October 19, 2021

    Calif. Swim Club Sues Hartford Unit Over Virus Coverage

    A California swim club filed a putative class action Monday against a Hartford insurance unit, arguing that the club's temporary closure was a direct physical loss that would qualify it for coverage.

  • October 19, 2021

    BofA Cardholders Eye Class Cert. In ATM Fee Row

    Bank of America cardholders are urging a California federal judge to let them move forward as two certified classes in a suit against the bank and several ATM companies over out-of-network fees.

  • October 19, 2021

    UnitedHealth Unit Wants Out Of Surgical No-Poach Suits

    In a case alleging surgery centers conspired not to hire each other's senior employees, a UnitedHealth Group unit told an Illinois federal judge she shouldn't be the first to hold that a stand-alone nonsolicitation agreement is inherently anti-competitive under federal antitrust law.

  • October 19, 2021

    'Key & Peele' Writer Wants Class Cert. In Royalties Suit

    A former "Key & Peele" showrunner is asking a California federal court to approve a proposed class of TV writers who allege that the Writers Guild of America West and Viacom subsidiaries did not pay them royalties for shows on streaming platforms.

  • October 19, 2021

    Peloton Says False Ad Plaintiff Lied About Being Atty

    Peloton urged a New York federal judge to deny class certification to a group of consumers alleging the stationary bike company lied about its "ever-growing" library of online fitness classes, saying Friday that a proposed lead plaintiff impersonated a lawyer and lied during his deposition.

  • October 19, 2021

    Class Lawyers Seek Quarter Of $40M Deal In Jeld-Wen Suit

    Lawyers who took door maker Jeld-Wen Inc. to court for allegedly hiding the risk of antitrust litigation to its bottom line are asking a Virginia federal judge for a quarter cut of a $40 million settlement as their fees.

Expert Analysis

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • New TCPA Rulings Suggest Shorter Life For Autodialer Suits

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    In the six months since the U.S. Supreme Court's decision in Facebook v. Duguid, which narrowed the scope of the Telephone Consumer Protection Act, a growing number of rulings provide hope that meritless lawsuits based on automatic telephone dialing systems can be stopped at the pleadings stage, say Becca Wahlquist and Lauri Mazzuchetti at Kelley Drye.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • 7th Circ. Ruling Offers Arbitration Clarity For ERISA Claims

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    Although the Seventh Circuit recently decided a retirement plan arbitration provision was unenforceable in Smith v. Board of Directors of Triad Manufacturing, the ruling is the court’s first broad approval of the dispute-resolution method for Employee Retirement Income Security Act claims, and provides arbitration clause guidance for plans covered by the statute, say attorneys at Winston & Strawn.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Social Media, Mass Torts Affect Adverse Event Reports

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    Increases in mass tort litigation e-discovery and social media use are driving a surge in the amount of adverse event information received by manufacturers from the public about their drugs and medical devices, so companies must proactively consider how they will handle this data while remaining compliant with their reporting obligations, says Adam Pierson at DLA Piper.

  • Practical Implications Of Delaware's New Demand-Futility Test

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    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

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    An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

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