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Class Action

  • November 15, 2018

    Pharma Cos. Must Hand Over Generic Restasis Plans In MDL

    A federal judge Wednesday denied three pharmaceutical companies' move to quash subpoenas for information on their plans to make generic substitutes of Allergan’s drug Restasis in multidistrict litigation over its alleged efforts to delay the generic versions’ launch, saying in-house counsel can view the data without compromising confidentiality.

  • November 15, 2018

    Spirit Airlines Takes Class Arbitration Fight To High Court

    Spirit Airlines Inc. has asked the U.S. Supreme Court to review an Eleventh Circuit ruling that an arbitrator, not a court, should decide whether the agreement between the airline and members of its $9 Fare Club allows for class arbitration.

  • November 15, 2018

    3rd Circ. Says Fannie, Freddie Investors Not Owed Relief

    Two Fannie Mae and Freddie Mac investors are not entitled to relief in a suit alleging the Federal Housing Finance Agency diverted the companies’ profits to the government’s pockets, the Third Circuit ruled in a precedential decision on Wednesday, finding that the agency had the statutory authority to do so.

  • November 15, 2018

    Electronics Co. Ducks Derivative Suit Over CEO's Stock Deals

    A Delaware chancellor dismissed a derivative suit on Wednesday that claimed members of Richardson Electronics Ltd.’s board breached their fiduciary duties by failing to properly disclose or take action for three substantial repurchases of stock controlled by the company's CEO, citing a lack of reasonable doubt about the board’s good faith or due care.

  • November 15, 2018

    Judge Won't Quash AGs’ Subpoenas In Generic Pricing MDL

    The New York and Connecticut attorneys general can keep sending subpoenas to drugmakers as part of their broader investigations into generic-drug price-fixing, a Pennsylvania federal judge ruled Wednesday, despite the drug companies’ concern the investigations were circumventing the discovery process for a sprawling multidistrict litigation.

  • November 15, 2018

    FYE Must Face The Music For Bogus 'Free' Offers, Suit Says

    The parent company of music and movie retailer FYE and a Meredith Corp. subsidiary were hit with a proposed class action in Massachusetts federal court Wednesday alleging they duped consumers into signing up for “free” offers that actually led to monthly charges.

  • November 15, 2018

    Judge Wants More Info On Citi's $10M Deal In Forex Rig Suit

    A Manhattan federal judge on Thursday rejected a $9.95 million settlement between Citigroup and a proposed class of investors who say it was among a dozen big banks that allowed fraud to go undetected in wholesale foreign exchange markets, saying she needed to know more.

  • November 15, 2018

    Wells Fargo Fights Revival Of ERISA Suit At 8th Circ.

    Wells Fargo has urged the Eighth Circuit not to revive a proposed Employee Retirement Income Security Act class action accusing it of wrongly letting its 401(k) plan invest in company stock with a value inflated by ongoing fraud at the bank, arguing that the plan participants’ allegations don't meet standards set by the high court.

  • November 15, 2018

    Pot Workers Aren’t Protected By FLSA, 10th Circ. Told

    A Colorado company that provides security services to the state’s legal cannabis growers and sellers told the Tenth Circuit on Thursday its employees can’t pursue allegedly unpaid overtime under the Fair Labor Standards Act because their work is inherently illegal under federal law.

  • November 15, 2018

    Horizon Driver Must Bring Wage Claims In State Court

    An Illinois federal judge on Thursday dismissed claims by one named plaintiff in a proposed class action against Horizon Freight System Inc. alleging it wrongly classified drivers as independent contractors, ruling that a forum-selection clause in his contract means his claims must be brought in state court.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 14, 2018

    Travel Co. Trying To Pay Flyers To Duck Settlement, Atty Says

    A travel booking firm accused of jacking up airfares tried to end-run the settlement process in an antitrust suit by engaging in direct talks with several airline ticket buyers, a lawyer for the passengers who brought the suit has told a New York federal judge.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Ex-NFLer Can't Use Judge To Nix Concussion Award Rejection

    The Pennsylvania federal judge overseeing the NFL concussion settlement rejected an appeal to reverse a decision that overturned an award for a player who had been diagnosed with neurocognitive impairment, saying the objection must be sent to the claims administrator.

  • November 14, 2018

    High Court May Upend TCPA Litigation Landscape

    The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

  • November 14, 2018

    3rd Circ. Won't Revive Stock-Drop Suit Against Ocwen Affiliate

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against an Ocwen Financial Corp. affiliate whose stock tumbled following its parent company's regulatory troubles stemming from the housing crisis in the mid-2000s, ruling in a precedential decision that the suing funds didn't plausibly allege the fraud cost investors billions.

  • November 14, 2018

    United Airlines Investor Says Exec Pay Suit Should Survive

    An investor in United Airlines told a Delaware Chancery Court judge Wednesday that its claims against the company, its directors and former CEO over allegedly excessive compensation given to the executive after he was involved in a bribery scheme should survive because corporate officers shouldn’t be rewarded for bad behavior.

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Disney Investor Faces Uphill 9th Circ. Fight In No-Poach Row

    A Ninth Circuit judge on Wednesday appeared unswayed by a Disney shareholder's bid to revive a derivative shareholder lawsuit claiming board members breached their fiduciary duties by agreeing not to poach other studios’ animators, saying during a hearing that “nothing in the complaint says the board knew about this conspiracy.”

  • November 14, 2018

    Tax-Free Travel Payments Count As Wages, 8th Circ. Says

    The Eighth Circuit ruled Wednesday that tax-exempt payments made by Werner Enterprises Inc. to tens of thousands of truck drivers for anticipated travel costs could be used in calculating their pay rates, upholding the dismissal of a class action alleging the payments were wrongly used to offset minimum wages the drivers were owed.

Expert Analysis

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Hong Kong Rules Foster Collective, Opt-In Class Arbitration

    Gilbert Samberg

    Effective Nov. 1, 2018, new rules from the Hong Kong International Arbitration Center provide noteworthy institutional means, without the consent of all parties, for joinder of parties and consolidation of proceedings so as to effectuate collective or opt-in class arbitration proceedings, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Press Pause Before Using Biometric Tech In The Workplace

    Robert Quackenboss

    As demonstrated by a recently filed class action against a hospital housekeeping company in Illinois federal court — Byczek v. Xanitos — the ever-changing legal landscape surrounding biometric data should give employers pause when considering its use in the workplace, say Robert Quackenboss and Madalyn Doucet of Hunton Andrews Kurth LLP.

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Beware California Northern District's Class Action Updates

    Niki Mendoza

    If you are a class action litigator and haven’t been paying attention to the new guidance on class action settlements issued by the Northern District of California, you should now, says Niki Mendoza of Epiq.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.