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Class Action

  • September 25, 2018

    Ocean Spray Hit With Class Suit Over Artificial-Free Label

    Consumers filed suit against Ocean Spray in Massachusetts federal court Monday, saying the company falsely advertised its juices as having no artificial flavors.

  • September 25, 2018

    Full 8th Circ. Won't Review Faulty Fuel Tank Suit Toss

    The Eighth Circuit on Tuesday decided not to rethink one of its own panels’ decisions not to revive a driver’s proposed class action alleging that Fiat Chrysler misrepresented the safety of its vehicles after the driver was sold a Jeep vehicle with an allegedly faulty and dangerous fuel tank.

  • September 25, 2018

    Opko Faces Wave Of Suits After SEC Pump-And-Dump Claims

    Investors have filed a string of proposed class actions against pharmaceutical firm Opko Health Inc. and its billionaire CEO Phillip Frost after the SEC accused them of participating in a $27 million pump-and-dump scheme.

  • September 25, 2018

    Contractor Waited Too Long To Sue Over Fees, Judge Rules

    An Illinois federal judge again dismissed a construction company's proposed class action against an industrial equipment rental service Monday, ruling that the contractor waited too long to sue over misleading fees.

  • September 25, 2018

    Pa. House OKs 2-Year Window For Older Sex Abuse Suits

    Following a bombshell report on sexual abuse by Roman Catholic clergy in Pennsylvania, the state’s House of Representatives gave approval Tuesday to a bill that would open a special two-year window for victims of childhood abuse to bring claims that are now past the statute of limitations.

  • September 25, 2018

    Hartig Seeks $3M In Attys' Fees In Product-Hopping Suit

    The Hartig Drug Co. Inc. has asked a Delaware federal judge to award it $3 million in attorneys' fees in a suit against Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. alleging product-hopping over eye care products Zymar and Zymaxid.

  • September 25, 2018

    Time, Sports Illustrated Readers Sue Over Personal Info

    A Time magazine and Sports Illustrated reader brought a proposed class action against the magazines' publisher in Rhode Island federal court Tuesday, claiming it has rented, exchanged or otherwise shared her and other subscribers' personal information, putting them at risk of scams and spam.

  • September 25, 2018

    Calif. Justices' Input Revives Starbucks Wage Row: 9th Circ.

    The Ninth Circuit on Tuesday revived an ex-Starbucks worker’s putative class action against the coffee giant in light of a recent California Supreme Court ruling in the case holding that state law “doesn’t allow employers to require employees to routinely work for minutes off the clock without compensation.”

  • September 25, 2018

    11th Circ. Won't Revive Force-Placed-Insurance Coverage Row

    A split Eleventh Circuit has affirmed the dismissal of homeowner class litigation over force-placed insurance, saying the litigation violated a doctrine that prohibits challenges to regulator-approved rates.

  • September 25, 2018

    Athletics Commish Defends NCAA Pay Rules As Trial Wraps

    The America East Conference commissioner defended the NCAA’s rules limiting athlete compensation at the close of a landmark antitrust bench trial Tuesday, walking back public comments she made in February suggesting paying athletes could help level the playing field between schools with different resources.

  • September 25, 2018

    GM Buyers Must Certify Class To Advance $1B Defect Deal

    Purchasers of General Motors vehicles manufactured before the carmaker's 2009 bankruptcy, now seeking damages stemming from ignition-switch defects, must certify a class to pursue a proposed settlement that could cost the reorganized New GM $1 billion in new stock, a New York bankruptcy judge ruled Tuesday.

  • September 25, 2018

    Alsup Grants $16M LendingClub Fee Bid Despite Misgivings

    U.S. District Judge William Alsup filed a pair of orders in California federal court on Monday granting final approval of a $125 million deal to resolve securities class actions against LendingClub Corp. and, despite concerns about "hard-to-justify" entries, approving nearly $16.4 million in fees for Robbins Geller Rudman & Dowd LLP and other class counsel.

  • September 25, 2018

    Netflix Investor's Price Hike Suit Tossed For Now

    A California federal judge on Tuesday dismissed a proposed investor class action alleging Netflix Inc. tried to cover up the negative impact of a 2014 price hike on subscriber growth, finding the suit failed to establish that the streaming service’s statements to investors were actionable false statements.

  • September 25, 2018

    Chancery Nixes Injunction For $7B USG-Knauf Merger Vote

    Delaware’s Chancery Court on Tuesday rejected a preliminary injunction to block a looming vote on a proposed $7 billion merger of drywall producer USG Corp. with Gebr. Knauf KG, turning aside putative class claims that the sale warranted hostile takeover provisions.

  • September 25, 2018

    Sham Petition Suits Are Piercing Big Pharma's Antitrust Shield

    A long-standing U.S. Supreme Court doctrine shielding companies that petition the U.S. Food and Drug Administration from antitrust liability is proving increasingly unhelpful to brand-name drugmakers accused of delaying generic-drug rivals by bombarding the FDA with cockamamie scientific arguments.

  • September 25, 2018

    BofA Customers Defend Suit Over Account Fee Practices

    A trio of Bank of America NA account holders pushed back in North Carolina federal court against the bank’s bid to escape their proposed class action over account fee practices they claim help it wring billions of dollars from customers every year, arguing that they’ve adequately alleged these practices are deceptive and break the bank’s promises to them.

  • September 25, 2018

    Trump's Bid To End Immigrant Protections Illegal, Judge Told

    A putative class of immigrant families asked a California federal judge Tuesday to force the government to preserve the temporary protected status for more than 200,000 individuals, saying the Trump administration's about-face in determining how that status was determined was unconstitutional and violated the Administrative Procedure Act.

  • September 25, 2018

    Landowners Denied Class Cert. Over Corroded AT&T Cable

    A Texas federal judge on Tuesday denied class certification to residents who sued AT&T Inc. alleging that the company is responsible for digging up abandoned telephone cables buried about 70 years ago, saying that the individual easements the company has struck with landowners over the decades favor individualized claims. 

  • September 25, 2018

    Investor Sues KMG Chemicals To Block $1.6B Cabot Merger

    A shareholder filed a putative class action in Texas federal court on Monday against KMG Chemicals Inc., saying the company failed to disclose material information that other shareholders need to review before a vote on the company’s proposed $1.6 billion merger with Cabot Microelectronics Corp.

  • September 25, 2018

    Xerox Investors Say Fuji Will Pounce If Merger Stop Lifted

    Counsel to Xerox Corp. shareholders urged a Manhattan trial court on Tuesday to continue blocking an abandoned merger agreement with Fujifilm Holding Corp. once valued at $6.1 billion, saying a change could give Fuji an opening to cash in on the companies' falling-out.

Expert Analysis

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • And Now A Word From The Panel: An MDL Breakup

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation issued a decision separating and remanding an individual plaintiff's claims from an ongoing data breach MDL. Practitioners should note this example of the panel's power to break up an MDL and sever claims that, in its view, do not belong in such a proceeding, says Alan Rothman of Arnold Porter.

  • How US Class Actions Take Off To The 'Great White North'

    Jean-Marc Leclerc

    For relatively little added investment, it is possible for U.S. class action attorneys to partner with a Canadian firm to start a parallel case in Canada. Jean-Marc Leclerc of Sotos LLP compares class actions in Canada and the U.S., discusses cases where a parallel action should be considered, and addresses fee arrangements.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Opinion

    Orexigen Decision At Odds With High Court Jurisprudence

    Douglas Greene

    The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.