Wal-Mart Stores Inc. was smacked Wednesday with a proposed class action in Florida federal court looking to hold the mega-retailer liable for at least $5 million in damages caused to consumers who were allegedly injured due to the “sloppy” in-store assembly of bicycles.
Prison phone service provider Securus Technologies Inc. and the successor to the Corrections Corporation of America Inc. were hit with another suit Wednesday alleging illegally recorded communications between attorneys and their clients, with a proposed class action filed by a pair of litigators in Kansas federal court.
An Oklahoma federal judge granted class certification Tuesday to landowners claiming Chaparral Energy LLC withheld $150 million in gas royalties through improper deductions, but excluded a fraud claim and narrowed the group to those with agreements that don’t release the well operator’s obligation to pay production costs.
Japanese automotive parts supplier Yazaki Corporation and Chiyoda Manufacturing Corporation agreed on Wednesday to pay $212 million and $1.15 million, respectively, to settle a lawsuit in Michigan federal court with purchasers of their products alleging the companies conspired to fix prices for in-car electronic systems.
The Ninth Circuit on Friday backed an Ikea shopper's unorthodox argument that her ZIP code collection claims against the retailer should return to state court because she lacked standing to pursue them in federal court, giving ammunition to a class action litigation strategy many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling.
Remington Arms Co. LLC on Tuesday asked a Missouri federal court for final approval of a settlement to end a class action brought by gun owners in which it agreed to replace allegedly defective faulty trigger mechanisms in its best-selling Model 700 rifle and pay up to $12.5 million to class counsel.
Attorneys for Lululemon Athletica Inc. stockholders told Delaware's Supreme Court on Wednesday that the Chancery Court wrongly shot down their challenge to a suspiciously timed $80 million stock sale by the sports clothing company's chairman.
The directors of oil exploration firm Erin Energy Corp. argued Wednesday to have a derivative suit dismissed in Delaware Chancery Court, saying they acted in good faith when approving a pair of transactions to buy offshore assets in Nigeria.
The city of Newark on Wednesday beat a suit brought against it by a group of New Jersey taxicab and limousine companies over the city's agreement allowing Uber Technologies Inc. to operate outside of regulations that the taxi and limo companies must follow, after a federal judge dismissed the case.
An Illinois federal judge granted final approval Wednesday to a $5 million settlement that ends four lawsuits accusing Johnson & Johnson of selling bath products that deceived parents into believing their babies would sleep longer.
Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have asked a New Jersey federal court to deal them a quick win in long-running pay-for-delay litigation over potassium supplement K-Dur, saying direct purchasers of the medication can’t prove the drug was a market unto itself and that they were wrongly edged out of that market.
Lincoln National Corp. was slapped with a putative class action in Pennsylvania federal court on Tuesday alleging that it breached the terms of its life insurance policies by jacking up rates in an attempt to shift costs to its customers and force coverage cancellations.
A group of consumers who claim they were misled by “Imported From Italy” labels on Filippo Berio olive oil asked a California federal court on Wednesday to give initial approval to a preliminary settlement reached with Salov North America Corp.
The full Delaware Supreme Court on Wednesday criticized the lack of coordination between investors’ attorneys from two separate suits targeting an alleged Wal-Mart Mexico bribery scandal, ordering a lower court to contemplate whether one shareholder group’s rights were violated by the other’s case.
A unit of Deutsche Lufthansa AG agreed to pay $1.1 million in a deal with a class of sheet metal workers who had claimed they were misclassified as independent contractors and denied overtime, according to papers filed in Maine federal court on Wednesday.
The Third Circuit on Wednesday affirmed the dismissal of litigation accusing several international shipping companies of fixing prices for transporting vehicles, saying that the federal Shipping Act preempts state and federal antitrust claims.
A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.
Stoel Rives LLP asked a Florida federal court Tuesday to toss a proposed class action accusing the law firm of assisting in Tri-Med Corp.'s $17 million Ponzi scheme, saying the suit is based on “speculative and conclusory theories” and that Tri-Med's receiver has no standing to bring it.
Chevron Corp. urged a California federal judge Wednesday to toss a putative class action brought by beneficiaries of its employee retirement plan who claim Chevron breached its fiduciary duties when it made high-cost and poor-performing investments, saying the employees haven’t alleged anything new since the court dismissed their original complaint.
A named plaintiff in litigation over Anthem’s 2015 data breach asked a California federal judge to toss his claims Tuesday, saying a request that he allow the replication of his computer’s files and data is too invasive, considering that entrusting the company with his personal information previously led to him suffering identity theft.
The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.
Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.
Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.
Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.
After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.
Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.
Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.
In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.
While the California Supreme Court's recent decision in Augustus v. ABM Security Services prohibited on-call rest periods and workplace policies that promulgate them, the practical implications of the decision remain unclear, say Barbara Harris Chiang and Elina Protich of Kaufman Dolowich & Voluck LLP.
As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.