The New York federal judge overseeing consolidated actions over a 2015 data breach at Excellus BlueCross BlueShield on Friday reinstated claims brought by customers who claimed their data had been exposed but not misused, reversing her earlier decision that these plaintiffs hadn't alleged an injury sufficient to establish Article III standing.
Counsel for members of a golf club owned by President Donald Trump landed a fee award of $2.1 million in Florida federal court Friday, following the class’ win of a $5.7 million refund triggered by the club’s change in ownership when Trump took over Jupiter Golf Club LLC.
A court-appointed expert brought in to address several questions surrounding attorneys’ fees in the uncapped NFL concussion settlement updated his recommendations on Friday, telling a Pennsylvania federal court that additional information from class counsel convinced him to raise the cap from 15 percent to 22 percent.
Loews Corp. and subsidiary Loews Hotels Holding Corp. on Friday urged a Florida federal court to dismiss a proposed class action alleging a failure to inform customers at hotel restaurants that bills included a 20 percent service charge, saying that the allegations raised in the “shotgun pleading” are lacking in detail.
The Seventh Circuit on Friday declined to revive claims in more than 1,000 lawsuits against Pfizer Inc. included in the multidistrict litigation for testosterone replacement therapy drugs, finding the suits’ state law claims about the company’s drug Depo-Testosterone were preempted by federal drug regulations.
A New York federal judge on Friday tossed a suit brought by a proposed class of vegetarians accusing Buffalo Wild Wings Inc. of frying nonmeat items in beef tallow, saying the suit hasn’t specified any injury besides the price paid for the fried food.
Fiat Chrysler Automobiles urged an Illinois federal judge Thursday to rethink his decision to keep alive a suit by Jeep owners who say certain models are vulnerable to hacking, with the carmaker contending the motorists have changed their argument.
Jason Natural Products Inc. lost a bid Friday to nix a proposed class action by consumers who claim they were misled by a “pure natural” label on its deodorant, when a California federal judge said that a jury should decide if the label is misleading to a reasonable consumer.
The National Basketball Association’s Golden State Warriors and a proposed class will mediate claims that the team secretly recorded private conversations through a smartphone app, according to a joint filing that was approved in California federal court Friday.
A New York federal judge on Friday denied preliminary approval for a proposed $3 million agreement to settle claims that Uber Technologies Inc. improperly accounted for taxes and other charges in calculating a service fee it deducted from fares earned by New York drivers.
Ford Motor Co. and representatives of a class of Floridians who drove Ford Explorers that may have had a defective exhaust system have asked the Eleventh Circuit to throw out an objection to the settlement, saying the deal was fair to drivers and acknowledged the risk that they would lose at trial.
Fiat Chrysler asked a Delaware federal court Thursday to toss a proposed class action alleging that a defect in certain Chrysler and Dodge vehicles caused their tires to corrode or deflate, arguing the suit's consumer fraud and warranty claims are time-barred and others have no factual basis.
A California federal judge on Thursday granted PayPal's bid to dismiss a proposed shareholder class action stemming from a Federal Trade Commission investigation into the company’s Venmo app, saying the shareholders failed to show PayPal's board faced a substantial likelihood of liability on any claims.
Abbott Laboratories Inc. and AbbVie Inc., along with more than 200 plaintiffs, asked an Illinois federal judge Friday to pause dozens of cases over birth defects allegedly caused by a seizure medication, as the drugmakers participate in settlement negotiations.
A New York federal judge has said that a suit that accuses Wells Fargo Bank NA of failing to properly oversee residential mortgage-backed securities for Royal Park Investments and other investors shouldn’t be allowed to move forward as a class action.
A group of KBR Inc. investors hit back Thursday against its attempt to dismiss their proposed class action, saying the engineering and construction services company was wrong to suggest they hadn't laid out specific allegations or that they lacked sufficient evidence to support accusations of bribery and corruption.
A proposed class of Rams fans who had their season tickets canceled when the NFL team moved to Los Angeles urged a Missouri federal court Thursday to force team owner Stan Kroenke to appear at a deposition after he declined to appear as requested.
A California federal judge on Thursday put to rest claims by a proposed class of Kiewit Infrastructure West Co. workers that they weren’t given adequate meal breaks and rest periods, saying the company was exempted from liability by a valid collective bargaining agreement.
Hogan Lovells in 2017 handled a variety of class actions and multidistrict litigation for big-name clients including Mylan NV and Anthem Insurance Co., securing victories such as a precedential decision for Hormel Food Corp. in a false labeling class action to earn it a spot among Law360’s Class Action Practice Groups of the Year.
The Ninth Circuit on Thursday asked the California Supreme Court to weigh in on whether Northwestern Mutual Life Insurance Co. and other insurers are exempt from disclosing compound interest charges on policy loans.
Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.
Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.
One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.
Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.
In 2017, as in 2016, consumer financial services still ranked as one of the most thoroughly regulated industries in the U.S. For many companies, a year that began with definite promise instead concluded with much still contested and many threats newly ascendant, say Alan Wingfield and Amir Shachmurove of Troutman Sanders LLP.
The Second Circuit's recent decision in Wang v. Hearst Corporation, coupled with a recent announcement from the U.S. Department of Labor, demonstrates that the flexible, multifactor “primary beneficiary” test for unpaid interns established in Glatt v. Fox Searchlight Pictures is now easier for employers to satisfy, say Michael Pepperman and Ivo Becica of Obermayer Rebmann Maxwell & Hippel LLP.
While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.
One of the most significant questions raised by last year's landmark Bristol-Myers Squibb decision is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process, say attorneys with Morgan Lewis & Bockius LLP.
Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.
Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.