Class Action

  • February 17, 2017

    9th Circ. Doubts Timeliness Of Amgen Off-Label Sales Suit

    A Ninth Circuit panel on Friday seemed skeptical that a proposed class action alleging Amgen pushed off-label uses of an anemia drug was filed within the statute of limitations, repeatedly asking whether the clock started running when the plaintiff and others filed a separate suit over the drug’s pricing years earlier.

  • February 17, 2017

    Insurer Can Depreciate Labor Costs, Neb. Justices Say

    The Nebraska Supreme Court ruled Friday that American Family Mutual Insurance Co. can depreciate labor costs when calculating actual cash value payments for property losses, answering a certified question from a federal court.

  • February 17, 2017

    'Phantom' Drone Maker Sued Over Faulty App Software Update

    A market leader in consumer drone technology was hit with a putative class action Thursday in Pennsylvania federal court spurred by an allegedly harmful firmware update in December 2015 that rendered certain commercial drones in its "Phantom 2" line unable to record video and take photos.

  • February 17, 2017

    NCAA Champs Urge 9th Circ. To Revive Likeness Rights Row

    Two former Division III college basketball champions urged the Ninth Circuit on Friday to revive their proposed class action against a website that sold official NCAA photos, arguing the Copyright Act doesn’t bar them from pursuing their name and likeness rights in NCAA-copyrighted photos.

  • February 17, 2017

    Ex-HD Supply Managers Sue In Chancery Over Stock Awards

    Two high-ranking employees of HD Supply Holdings Inc.’s former Power Solutions unit launched a class action in Delaware Chancery Court late Thursday claiming their stock compensation did not fully vest as promised when the subsidiary was sold to Anixter International Inc.

  • February 17, 2017

    Plaintiff's Lawyer Fights Reed Smith Atty's Sanctions Bid

    An employment attorney who allegedly said that a Reed Smith LLP partner was displaying "female energy" during a deposition pushed back against a bid to sanction him for his remarks, telling a California federal court Thursday there has been hostility throughout the underlying wage-and-hour suit from counsel on both sides. 

  • February 17, 2017

    Shopper Says Nordstrom Misleadingly Advertises Sales

    After one too many shopping trips at Nordstrom allegedly ended with the clothing retailer not delivering on its promise of certain advertised prices, an Alaska woman took action with a lawsuit on Thursday in federal court accusing the company of fraud.

  • February 17, 2017

    Time Can't Use Spokeo To Dodge Mich. Video Privacy Action

    A Michigan federal judge has refused to nix a proposed class action accusing Time Inc. of violating Michigan's Video Rental Privacy Act, ruling that the publisher's alleged disclosure of subscribers' personal data was a concrete injury sufficient to meet the Spokeo standing bar. 

  • February 17, 2017

    Dentists Say Small Supplier Joined Price-Fixing Conspiracy

    A potential class of dentists on Friday shot back against arguments from a dental supplies company that it was too small to join three large suppliers in a nationwide price-fixing conspiracy, arguing in New York federal court that the allegations against the smaller company are the “core of the overarching conspiracy.”

  • February 17, 2017

    Ex-Workers Want Info From T-Mobile Retailer In Wage Suit

    Two former sales representatives bringing a proposed class action wage suit against a T-Mobile retailer with more than 250 locations asked an Illinois federal court Friday to force the company to cough up information relevant to their discovery requests and sanction it for dragging its feet on doing so.

  • February 17, 2017

    Judge OKs BMW, Car Owners Deal In Roof Defect Suit

    A New Jersey federal judge on Friday preliminarily approved a class action settlement between BMW AG and thousands of people who owned 6 Series convertibles that would allow the owners to repair a roof defect for free or to be reimbursed for past repairs.

  • February 17, 2017

    EEOC Says Conciliation Info From Dollar General Must Go

    The U.S. Equal Employment Opportunity Commission asked an Illinois federal court on Thursday to strike a sealed document referencing the presuit confidential conciliation process, arguing that placing it in the record during a suit alleging the company’s background checks were racially discriminatory jeopardized the commission’s ability to conduct frank discussions.

  • February 17, 2017

    Energy Co. To Pay $3.9M To End Suit Over CEO's Disclosures

    Clean energy company Energy Recovery Inc. agreed Thursday to pay almost $3.9 million in cash to end a putative shareholder class action alleging its former CEO inflated stock prices with misleading statements, including allegations that he marketed engineering prototypes as ready for sale.

  • February 17, 2017

    Class Cert. Granted For Overcharged Stericycle Customers

    An Illinois judge Thursday granted class certification in a $608 million multidistrict litigation against medical waste disposal company Stericycle Inc., saying the class members had common ground in their complaints of fraudulent overcharges.

  • February 17, 2017

    BMW NA Needn't Get Parent's Takata Docs: Special Master

    The special master in multidistrict litigation against Takata Corp. and various automakers over potentially explosive air bags recommended that BMW of North America LLC not be ordered to produce BMW AG documents, saying Thursday that the plaintiffs failed to show the U.S. distributor has control of the documents.

  • February 17, 2017

    Under Armour Hid Sports Authority Ch. 11's Impact, Suit Says

    Athletic gear maker Under Armour Inc. was slapped with a shareholder suit in Maryland federal court Thursday accusing the Baltimore-based company of concealing the impact of Sports Authority's bankruptcy from investors in order to artificially inflate its stock price.

  • February 17, 2017

    Smoker's Actions Justify Limited Punitives, Engle Jury Finds

    A Florida jury awarded only $400,000 in punitive damages on Friday against Philip Morris and R.J. Reynolds after finding they concealed facts important to the health decisions of a smoker who died of lung cancer in 1995.

  • February 17, 2017

    Merck Settles Long-Running Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have told a New Jersey federal court they have settled their long-running MDL accusing them of pay-for-delay over the potassium supplement K-Dur.

  • February 17, 2017

    Groups Back Uber Customers In 1st Circ. Airport Fee Dispute

    A public interest law firm and consumer advocacy group sought Thursday to weigh in on a First Circuit appeal of a proposed class action alleging ride-hailing giant Uber hid extra fees for airport trips, saying the company is unfairly imposing terms on consumers that are buried in online agreements.

  • February 17, 2017

    Feds Owe Employees Who Worked Through Shutdown: Court

    About 25,000 government employees who worked without timely pay during the October 2013 partial government shutdown are entitled to liquidated damages, a federal claims judge has ruled, saying she was unconvinced by the government’s argument that it had acted in good faith.

Expert Analysis

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Why The Reform Act Needs Reforming

    Douglas W. Greene

    Two provisions in the Private Securities Litigation Reform Act have grown to be problematic for public companies — the safe harbor for forward-looking statements and the lead-plaintiff procedures. Although these issues won’t make the legislative agenda anytime soon, we defense lawyers can make a difference, says Douglas Greene of Lane Powell PC.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • California Omissions Claims: Safety Required?

    David Stein

    California has the nation’s most powerful consumer protection statutes, but in recent years, the state’s federal courts have imposed a major constraint on omission claims brought under those statutes. The good news for consumers is that recent developments suggest this constrictive view of California consumer protection law is ending, say David Stein and Amanda Karl of Girard Gibbs LLP.

  • Long-Arm Jurisdiction In Missouri And Beyond: Part 2

    Angela Higgins

    The U.S. Supreme Court has been clear that contact-based specific personal jurisdiction requires that a particular plaintiff’s claim arise out of the defendant’s contacts with the forum state. Still, California, Missouri and some other jurisdictions have let nonresidents use their states to litigate disputes that are wholly unrelated to defendants’ conduct within the state, says Angela Higgins of Baker Sterchi Cowden & Rice LLC.

  • Why Dieckman V. Regency Will Have Limited Impact On GPs

    Aviva F. Diamant

    Some have commented that the Delaware Supreme Court's decision in Dieckman v. Regency could have significant consequences for general partners. In our view, however, the decision does not suggest that the Supreme Court intends to expand application of the implied covenant of good faith to general partners’ actions more generally, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.