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Class Action

  • December 10, 2018

    Home Depot Can't Keep Drywall Suit Out Of Antitrust MDL

    The U.S. Judicial Panel on Multidistrict Litigation overruled Home Depot’s objections Monday and lumped the retailer’s drywall price-fixing claims into related litigation consolidated in Pennsylvania federal court, finding the tie-in would be the most efficient way to handle the new suit even if the MDL is winding down.

  • December 10, 2018

    FINA Has Stranglehold On Swimming Competitions, Suit Says

    Three international champion swimmers and the nascent International Swimming League have accused the Fédération Internationale de Natation, or FINA, of leveraging its power over access to the Olympics to crush the league's attempts to organize competitions.

  • December 10, 2018

    Scotts To Pay Up To $85M Over Pesticide-Tainted Bird Seed

    Scotts Miracle-Gro Co. reached a deal Friday in California federal court with a class of consumers who accused the lawn company of knowingly selling bird food laced with toxic pesticides in which it will pay up to $85 million, depending on how many class members come forward.

  • December 10, 2018

    Best Buy Investors Fight To Keep Stock-Drop Suit Alive

    Best Buy investors challenged the electronics retailer's bid to win their stock-drop class action in Minnesota federal court Friday, arguing its sole grounds for summary judgment is the shareholders' alleged inability to prove reliance on misleading information, yet the investors have been prevented from presenting new evidence to that effect.

  • December 10, 2018

    Wilson, Buyers Go To Bat For Louisville Slugger Settlement

    Wilson Sporting Goods Co. has reached a deal to provide replacement baseball bats to settle a contentious proposed class action in Illinois federal court by buyers who alleged that Louisville Slugger Prime BBCOR bats were defective and that the company denied and discouraged warranty claims.

  • December 10, 2018

    Justices Flush Kimberly-Clark's Appeal In Wipes Case

    The U.S. Supreme Court on Monday refused to hear Kimberly-Clark Corp.’s appeal of a Ninth Circuit decision allowing a putative class plaintiff to seek injunctive relief over claims the consumer products giant falsely advertised its wet wipes as “flushable.”

  • December 10, 2018

    Credit Union Faces Customer Suit Over Overdraft Fees

    Members First Federal Credit Union is facing class claims in Pennsylvania state court over its alleged practice of systematically charging overdraft fees on customers even if they have not actually overdrawn their accounts.

  • December 10, 2018

    Pharmas Say FTC Pushing Subpoena Limits In AndroGel Row

    The Federal Trade Commission can't justify its call for nationwide subpoena power in the agency's suit alleging the makers of testosterone drug AndroGel cut deals with generic companies to delay competition, two drugmakers argued in Georgia federal court.

  • December 10, 2018

    Move Montgomery McCracken Malpractice Row To NY: Judge

    A Pennsylvania federal magistrate judge recommended on Monday that a proposed class action accusing Montgomery McCracken Walker & Rhoads LLP of botching toxic tort claims against Tronox Inc. be moved to the same New York court where the alleged $620 million malpractice took place as part of a bankruptcy proceeding.

  • December 10, 2018

    Investor Says PDC Energy's Board Ignored Enviro Laws

    A stockholder filed a derivative suit against oil and gas company PDC Energy Inc.'s board in Delaware Chancery Court, claiming that certain directors disregarded environmental regulations and laws, resulting in the company having to settle a federal lawsuit and remediate emission control systems for roughly $22 million.

  • December 10, 2018

    Drivers Fight To Save VW Faulty-Engine Deal Amid Objections

    Drivers in litigation against Volkswagen AG have urged a New Jersey federal judge to deny objections from fellow class members that threatened to scuttle a reimbursement deal struck with the automaker in May over engine defect claims, arguing the vast majority of the class supports the settlement.

  • December 10, 2018

    MVP: Hagens Berman's Steve W. Berman

    Steve W. Berman of Hagens Berman Sobol Shapiro LLP has been involved in several high-profile class action cases, including a $25 million settlement with Samsung and Toshiba after the companies were accused of collectively raising prices of optical disk drives. These accomplishments landed him among Law360’s 2018 Class Action MVPs.

  • December 10, 2018

    Kellogg’s Breakfast Bars Contain Pesticide, Buyers Say

    A proposed class of consumers has accused Kellogg Co. in California federal court of hiding the presence of a potentially carcinogenic pesticide in its oat bran cereal and breakfast bars, claiming the company has a duty to warn its customers of the danger.

  • December 7, 2018

    Judge Favors Spector Roseman To Lead Stock Drop Suit

    A Florida federal magistrate judge recommended Thursday that Spector Roseman & Kodroff PC be named lead counsel in an investor class action alleging misleading statements by health care administration company Mednax led to drops in its stock price, after choosing the Northern Ireland Local Government Officers' Superannuation Committee in a contest to be lead plaintiff.

  • December 7, 2018

    Attys Get $503M In Fees For Syngenta GMO Corn Settlement

    A Kansas federal judge gave final approval Friday to Syngenta AG's $1.5 billion deal to resolve claims filed on behalf of 650,000 corn producers over the agricultural giant's genetically modified corn seed, a deal that handed class counsel a $503 million cut.

  • December 7, 2018

    Thrift Preemption No Help For Chase In Calif. Suit: Judge

    A San Francisco federal judge ruled Friday that Chase must face a proposed class action over its alleged failure to comply with a California mortgage escrow interest law, finding the preemption once enjoyed by the failed federal thrift originator of the plaintiffs' mortgages doesn't cover Chase's subsequent handling of the loans.

  • December 7, 2018

    Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

    A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.

  • December 7, 2018

    2 Firms Nab Lead In 'Channel-Stuffing' Derivative Suits

    Robbins Arroyo LLP and Kessler Topaz Meltzer & Check LLP have been appointed co-lead counsel in Georgia federal court for three consolidated derivative suits accusing executives of a biotechnology company of submitting bogus purchase orders to the Veterans’ Administration to artificially increase its revenue in a “channel-stuffing” scheme.

  • December 7, 2018

    2nd Magistrate To Weigh $2.4M Fee Bid In $294K ERISA Suit

    A Montana federal judge on Thursday replaced a magistrate overseeing a dispute over a request for $2.4 million in attorneys’ fees in an Employee Retirement Income Security Act claim because plaintiffs said the magistrate "actively" participated in a mediated settlement with a hospital retirement plan. 

  • December 7, 2018

    Education Corp. Faces WARN Suit After Campus Shutdowns

    A group of employees working at for-profit colleges operated by Education Corp. of America filed a proposed class action suit Friday in Delaware federal court alleging they lost their jobs without proper notice when the company shut down all of its campuses earlier this week after losing its accreditation.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Will High Court Avoid Deadlock In Lorenzo?

    Susan Hurd

    Oral argument in Lorenzo v. U.S. Securities and Exchange Commission revealed clear divisions within the U.S. Supreme Court on the type of conduct that forms the basis of liability under Rule 10b-5, say attorneys with Alston & Bird LLP.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Arbitration In Bankruptcy Isn't Dead After Anderson

    Deborah Reperowitz

    In Anderson v. Credit One Bank, the Second Circuit declined to enforce a mandatory arbitration provision, despite a long-standing U.S. Supreme Court mandate. While Anderson seems to mark a departure for bankruptcy cases with arbitration provisions, it may simply reflect a narrow exception, says Deborah Reperowitz of Stradley Ronon Stevens & Young LLP.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Practitioner's Guide To Stratified Random Sampling: Part 2

    Brian Kriegler

    In the final part of this article, Brian Kriegler of Econ One Research Inc. uses a hypothetical wage-and-hour example involving on-duty meal period agreements to simplify the application of stratified random sampling for correct use in a legal setting.

  • Practitioner's Guide To Stratified Random Sampling: Part 1

    Brian Kriegler

    Brian Kriegler of Econ One Research Inc. explains when it might be advantageous to select a random sample that has been divided into multiple subpopulations, such as when evaluating the rate at which a large medical provider submitted ineligible Medicare reimbursements over 10 years.