Class Action

  • October 23, 2017

    Investor Council Tardy With Del. Walmart Appeal Amicus Bid

    READY FOR SLOT Delaware’s Supreme Court on Monday shot down as too late an investor group’s bid to file a friend of the court brief in a closely watched appeal involving Walmart Corp., bribery in Mexico and the multi-jurisdictional fallout from stockholder derivative suit dismissals.

  • October 23, 2017

    Patients Ask 7th Circ. To Revive Pfizer Testosterone Suits

    More than 1,000 people who claim Pfizer Inc. failed to properly warn patients using the company’s drug Depo-Testosterone that they could suffer a heart attack or other injury asked the Seventh Circuit on Monday to give them another shot at suing the drug manufacturer.

  • October 23, 2017

    2nd Circ. Won’t Rehear TCPA Consent-Withdrawal Case

    The Second Circuit said Friday it will not reconsider a decision to toss a Telephone Consumer Protection Act suit accusing the lending arm of Lincoln Motor Co. of barraging a borrower with calls he had no longer consented to receive, affirming a decision that the TCPA is silent on the issue of withdrawing consent for such calls.

  • October 23, 2017

    Doctors' Counsel Nab $27M In Sanofi Vaccine Antitrust Row

    A New Jersey federal judge on Friday signed off on a $61.5 million agreement to end allegations Sanofi Pasteur Inc. unlawfully bundled its pediatric vaccines, with $20.5 million going toward doctors’ attorneys’ fees and $7.2 million covering expense reimbursement.

  • October 23, 2017

    German Car Giants See NJ Antitrust Claims Move Into MDL

    The last remaining consumer in a New Jersey federal suit accusing BMW, VW and other German luxury-car makers of a decadeslong antitrust conspiracy formally dropped her claims Monday, but they will play out alongside three similar cases recently centralized in Northern California. 

  • October 23, 2017

    Target Advertised Pleather As Leather, Consumers Allege

    A proposed class of consumers hit Target Corp. with a false advertising suit in California federal court Friday, alleging the retail giant marketed faux leather furniture as genuine leather products and misled consumers about the quality and life span of the furniture.

  • October 23, 2017

    Darden Chain Says EEOC Can’t Change Age-Bias Trial’s Scope

    Darden Restaurant Inc.'s Seasons 52 restaurant chain on Friday urged a Florida federal judge not to broaden the scope of the first stage of a trial in an Equal Employment Opportunity Commission age discrimination suit against it, saying the EEOC’s request for a change offers no compelling grounds.

  • October 23, 2017

    Annie's Makes Bid To Dismiss Synthetic Salad Dressing Suit

    Annie's Homegrown Inc. and General Mills Inc. asked a California federal court Friday to dismiss a proposed class action alleging they deceptively market salad dressings with labels claiming they are “natural” although they contain a synthetic ingredient, claiming there is already a suit just like it.

  • October 23, 2017

    Ex-Chadbourne Partner May Be 4th To Join Gender Bias Suit

    A former Chadbourne & Parke LLP partner who has come forward with gender discrimination claims against the firm could be added to a proposed class action being pursued by three other lawyers if her claims aren’t settled, a New York federal judge was told Friday.

  • October 23, 2017

    Avenue Capital Can't Seal $6M MagnaChip Fraud Settlement

    A California federal judge Friday refused to grant preliminary approval to a $6.2 million deal between MagnaChip Corp.'s majority shareholder and the semiconductor products maker's common stock investors who sued for securities fraud, saying the settlement didn't include how much could be recovered at trial.

  • October 23, 2017

    Honda Trims Suit Over 'Noxious Fumes' In CR-V Cabins

    Honda won’t have to face a proposed nationwide class of consumers alleging the interior of their CR-V sport utility vehicles occasionally smelled like an “open pool of gasoline,” an Illinois federal judge said last week, but must otherwise defend itself against most claims brought by four proposed state subclasses.

  • October 23, 2017

    State Street Blasts Investor Suit Over ‘Rounding Errors’

    State Street Corp. urged a Massachusetts federal court Friday to toss a proposed class action alleging the bank overcharged clients and thus reported inflated revenue and profits in its financial statements, saying any errors in its financial reporting were too small to be material.

  • October 23, 2017

    8th Circ. Won't Rehear UnitedHealth's $350M Insurance Feud

    The Eighth Circuit on Friday denied UnitedHealth Group Inc. an en banc rehearing of its decision that the health insurance giant's excess insurers don’t have to contribute to the $350 million it is shelling out to settle two class actions.

  • October 23, 2017

    ‘Last Look’ Abuse Case Against Goldman Dropped Early

    A proposed class action that accused Goldman Sachs Group Inc. of using a practice called “last look” to cheat traders on its foreign exchange platforms has been dropped, making it the third of six similar cases to be withdrawn in the past two months.

  • October 23, 2017

    Treasury Report Adds To Case Against CFPB Arbitration Rule

    A Treasury Department report on Monday took a swipe at the Consumer Financial Protection Bureau’s arbitration rule, providing more ammunition for financial firms challenging the rule in court even as a move to nullify it in Congress appears on the ropes.

  • October 23, 2017

    Milwaukee Bucks Dancers Renew Bid For Wage Deal Approval

    Milwaukee Bucks dancers renewed their bid to resolve their suit accusing the NBA team of failing to pay them overtime and minimum wages, urging a Wisconsin federal judge Friday to approve a more detailed settlement three months after their first attempt was shot down.

  • October 20, 2017

    4 Qualcomm Execs Escape Investor Suit Over Faulty Chip

    Four Qualcomm Inc. executives escaped allegations they rushed a defective mobile chip to market after a California federal judge on Friday trimmed investors’ class action lawsuit, ruling they failed to prove the tech giant’s top brass lied about the chip in a way that cost shareholders money.

  • October 20, 2017

    Jackson Hewitt Beats Customers' Fraud Claims, For Now

    A California federal judge on Thursday tossed claims against Jackson Hewitt Inc. and Tax Services of America Inc. over a franchisee that allegedly manipulated customers’ tax returns and kept ill-gotten refunds, but said the putative class could try amending its complaint to show the companies participated in the scheme.

  • October 20, 2017

    Pop Warner Can’t Escape Youth Football Concussion Suit

    Pop Warner Little Scholars Inc. shed part of a lawsuit Friday alleging it lacked procedures to protect young football players from head trauma, but will face parents' negligence and fraud claims on the grounds the nonprofit football group misrepresented its safety protocols.

  • October 20, 2017

    Investors Say Skechers Overstated Projected Sales Growth

    A Skechers investor hit the shoe company with a putative stock-drop class action in New York federal court Friday, alleging it overstated its projected sales growth despite knowing that a slowdown at a port would hurt its shipping abilities, ultimately causing shares to fall 31.5 percent.

Expert Analysis

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • How The 3rd Circ. Stripped Down The 'Bare Metal' Defense

    Cory Lapin

    After the Third Circuit's recent decision in the Asbestos Products Liability Litigation case, manufacturers within the court's jurisdiction should not expect claims against them to be dismissed under a “bare metal" defense, unless they can show that they could not have known that asbestos would later be added to their products, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Questioning Appellate Time Limits At The High Court

    Eric Miller

    Hamer v. Neighborhood Housing Services of Chicago questions whether the time limit on a district court’s authority to extend the deadline for filing a notice of appeal is jurisdictional. Based on the questions at argument before the U.S. Supreme Court last week, the court appears likely to adhere to the principle articulated in some of its recent cases, says Eric Miller of Perkins Coie LLP.