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Class Action

  • July 17, 2018

    SC Nuke Plant Workers Earn Cert. In WARN Suit

    Five thousand construction and engineering workers who were abruptly fired when the infamous Virgil C. Summer nuclear reactor project crumpled under the weight of its overexpenditures and delays won official class status Tuesday in South Carolina federal court.

  • July 17, 2018

    State AGs, ABA Press High Court Over Google Privacy Deal

    A dispute before the U.S. Supreme Court over the fairness of an $8.5 million privacy settlement that requires Google to pay millions to third parties and nothing to class members is attracting a crush of outside input, with the federal government, state attorneys general, the American Bar Association and musicians among those speaking up. 

  • July 17, 2018

    'Imaginative' Attys Get $63M Fees In Drywall Price-Fix MDL

    A Pennsylvania federal judge awarded $63 million in fees and another $2.9 million in costs to class counsel for direct purchasers who scored $190 million in settlements with drywall manufacturers in multidistrict litigation over alleged price-fixing, according to an order Monday lauding the "imaginative" attorneys' "outstanding work."

  • July 17, 2018

    Health Tech Co. To Pay $19M In Securities Class Action

    Quality Systems Inc. agreed to pay $19 million to settle a proposed securities class action alleging the health technology company misled investors about its projected sales and financial performance in 2011 and 2012, ending the suit Monday after five years of fighting in California federal court.

  • July 17, 2018

    NFL's Texans Cheerleaders Agree To Arbitrate Wage Suit

    Former cheerleaders for the NFL’s Houston Texans on Tuesday agreed to take their putative class action alleging wage and hour violations from a Texas federal court to arbitration, a month after the team argued arbitration was mandated by their contract.

  • July 17, 2018

    Equifax Says Banks Don’t Belong In Data Breach MDL

    Equifax Inc. asked a Georgia federal judge on Monday to toss “cookie-cutter” claims from dozens of banks and credit unions in multidistrict litigation stemming from last year’s massive data breach, saying they can’t show standing as no fraudulent charges were made on payment cards issued by the financial institutions.

  • July 17, 2018

    Drug Wholesalers Denied Class Cert. In AndroGel Suit

    A Georgia federal judge on Monday denied a bid by a group of drug wholesalers to win class certification in a suit alleging several pharmaceutical companies conspired to delay the entry of generic competitors for testosterone drug AndroGel.

  • July 17, 2018

    Feds Must Notify Detained Children Of Transfer, Judge Says

    A New York federal judge has ordered the Trump administration to give 48 hours' notice before transferring separated immigrant children who are represented by the Legal Aid Society out of the state, saying the children should be given important information regarding their transfer and have the opportunity to consult their lawyers first.

  • July 17, 2018

    Abercrombie, Workers Ink $9.6M Deal Over Call-In Scheduling

    A proposed class of an estimated 61,500 current and former Abercrombie & Fitch employees have urged a California federal judge to grant preliminary approval to a $9.6 million agreement with the company to settle claims that its “call-in” scheduling policy flouted state labor laws.

  • July 17, 2018

    Shopper Seeks Class Cert. In Kroger Listeria Suit

    A consumer asked a California federal judge Monday to certify a proposed class of state residents who bought Kroger-brand frozen produce products containing peas that were recalled due to a listeria outbreak, saying the shoppers meet all of the certification requirements.

  • July 17, 2018

    M&T, HCB $3.7B Deal Wasn't Vetted Properly, 3rd Circ. Told

    Investors in the former Hudson City Bancorp Inc. urged the Third Circuit on Tuesday to revive their proposed class action alleging the bank and M&T Bank Corp. hid regulatory problems that delayed their $3.7 billion merger, saying the bank’s directors failed to perform adequate due diligence prior to the deal.

  • July 17, 2018

    9th Circ. Revives Securities Suit Over Toshiba Accounting

    The Ninth Circuit on Tuesday reversed and remanded a California federal court ruling tossing a proposed investor class action alleging securities law violations based on Toshiba Corp.’s fraudulent accounting practices.

  • July 17, 2018

    Ill. Court Clerk Faces Privacy Suit Over Driver Records

    The clerk of Illinois' Cook County Circuit Court got hit with a proposed class action in federal court Tuesday over claims that her office is “systematically” violating federal driver privacy laws by disclosing unredacted traffic records in the court’s docket terminals.

  • July 17, 2018

    Tug Co. CEO Blasts New Del. Chancery Suit, Ouster Bid

    The founder and CEO of a Seattle-based, multicoast tug and marine service company who was sued in Delaware’s Chancery Court and targeted for ouster by a top investor earlier this month accused the dissident group of forum shopping in a court document made public Tuesday.

  • July 17, 2018

    Twitter Investors Sue In Del. Over Bogus Growth Data

    A putative Twitter Inc. investor class is seeking damages from the company's top officers and directors for losses allegedly caused by lies about negative performance data for about half of 2015, according to a Delaware Chancery Court complaint unsealed on Tuesday.

  • July 17, 2018

    Mo. Panel Nixes FCRA Suit Against Staffing Co. Over Firing

    A Missouri state appeals court on Tuesday refused to revive a proposed class action accusing staffing company Kelly Services Inc. of violating the Fair Credit Reporting Act when it fired a worker it placed based on information from a consumer report, saying he lacked standing.

  • July 17, 2018

    Santander Investors Reach $9.5M Deal In Accounting Row

    A vehicle financing unit of Santander Bank has agreed to a $9.5 million settlement with investors ending allegations it flouted accounting regulations and kept its stock trading at artificially inflated levels, according to documents filed in Texas federal court on Monday.

  • July 17, 2018

    Product Liability Cases To Watch: Midyear Report

    The tsunami of litigation over the nation's deadly opioid crisis will continue to keep attorneys riveted as the parties work toward trial dates next year. And after a string of losses for patients who claim that Bayer failed to warn of its blood thinner Xarelto's bleeding risks, attorneys are looking to see if they can find a winning argument. Here are the product liability cases attorneys will be keeping an eye on for the rest of 2018.

  • July 17, 2018

    Envision Shareholder Moves To Block $9.9B Sale To KKR

    An Envision Healthcare Corp. investor filed a class action in Tennessee federal court over the weekend that seeks to block a stockholder vote on a proposed $9.9 billion sale to affiliates of investment firm KKR & Co. LP, saying company executives engaged in a faulty sales process that undervalued the company.

  • July 17, 2018

    Amazon Seeks To End FCRA Suits With $5M In Gift Cards

    A proposed nationwide class of 454,000 job applicants urged a Florida federal court to preliminarily approve Amazon.com Inc.’s $5 million deal under which the applicants would receive an Amazon gift card to resolve claims the e-commerce giant conducted consumer background checks that violated the Fair Credit Reporting Act.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • The 1st Judicial Finding That Digital Tokens Are Securities

    Deborah Meshulam

    A Florida magistrate judge's finding last month that tokens issued and sold by technology startup Centra Tech are investment contracts could serve as a road map for the evaluation of token sales in other cases, say attorneys with DLA Piper.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.