Class Action

  • April 24, 2018

    Objectors Blast $40M Deals In Car Parts MDL At 6th Circ.

    Two car buyers urged the Sixth Circuit on Monday to reverse a lower court’s decision that struck their objections to nearly $40 million in settlements with Denso Corp. and Mitsubishi Electric Corp. in antitrust multidistrict litigation, saying the deals warrant a second look.

  • April 24, 2018

    SD Tribe Hits FCC With Suit Over Infrastructure Rule

    The Crow Creek Tribe hit the Federal Communications Commission with a proposed class action in South Dakota federal court Monday, seeking to represent federally recognized tribes in a suit claiming the FCC overstepped its authority when it recently approved new rules exempting small cell fixtures from environmental and historic reviews.

  • April 24, 2018

    Attys Say Fraud Claims Just Cover For Delays In NFL Deal

    A group of four law firms representing players in the landmark $1 billion NFL concussion settlement has stepped up attacks against the program’s claims administrator, accusing it of a “Machiavellian strategy” to delay desperately needed payouts for players by “falsely accusing” the attorneys of fraud.

  • April 24, 2018

    Tempur Sealy, Web Host Fight Bid To Revive Data Breach Suit

    Tempur Sealy International Inc. and its former website host Aptos Inc. asked a Georgia federal judge Monday to reject a bid to revive a proposed class action accusing the companies of lax security practices that opened the door to a 2016 data breach, arguing the latest complaint raises no plausible new claims.

  • April 24, 2018

    Allegiant Hit With Stock-Drop Suit Amid Safety Lapse Report

    Allegiant Air was hit with a putative securities class action Tuesday alleging the low-cost airline hid its poor safety record and lied to investors about numerous hazardous incidents, which were revealed in a recent bombshell CBS News "60 Minutes" report that caused Allegiant’s stock price to dip.

  • April 24, 2018

    3 Firms To Pay $800K More Amid Billable Hour Probe

    Labaton Sucharow LLP, Thornton Law Firm LLP and Lieff Cabraser Heimann & Bernstein LLP will pay up to $800,000 more to cover costs for a probe into whether they inflated billable hours to claim $75 million in fees in a suit against State Street Corp. over its foreign exchange practices, a Massachusetts federal judge ruled Tuesday.

  • April 24, 2018

    Georgetown Angles To Escape ERISA Retirement Plan Suit

    Georgetown University urged a Washington, D.C., federal judge Monday to scrap a proposed class action accusing it of mismanaging two employee retirement plans, saying the suit by plan participants is merely an example of "Monday morning quarterbacking" that didn’t identify faulty plan management processes.

  • April 24, 2018

    UPenn Pensioners Fight Inclusion Of Outside Groups' Briefs

    A proposed class of University of Pennsylvania employee retirement plan participants alleging the plan was mismanaged told the Third Circuit on Monday that several amicus briefs submitted by outside groups should not be accepted because they give the defendants an unfair word-count advantage.

  • April 24, 2018

    2nd Circ. Nixes Etsy Securities Suit Over Stock Drop

    The Second Circuit on Tuesday affirmed the dismissal of a proposed class action accusing Etsy of concealing risks regarding counterfeit goods that led to a stock plunge after its initial public offering, concluding that shareholders failed to show the sort of false statements necessary to support their securities claims.

  • April 24, 2018

    Eyedrops Ruling Invites 'Abusive' Suits, High Court Hears

    Top business groups on Monday implored the U.S. Supreme Court to examine a Third Circuit ruling that let consumers continue suing drugmakers over allegedly oversize eyedrops, warning that the ruling invites “a new wave of abusive, no-injury class action litigation.”

  • April 24, 2018

    Fla. State Sen. Joins Morgan & Morgan In Fort Lauderdale

    A Florida state senator has joined plaintiffs' firm Morgan & Morgan PA in its Fort Lauderdale office, where he will focus his practice on consumer class actions, False Claims Act suits and first-party insurance coverage cases, the firm announced Tuesday.

  • April 24, 2018

    Repeat Buyers Know Candy-Box Contents, Tootsie Roll Says

    Tootsie Roll Industries Inc. urged a California federal court Monday to reject a consumer’s bid to certify a class of people who purchased allegedly underfilled boxes of Junior Mints and Sugar Babies, saying the majority of customers are repeat buyers who know the boxes’ contents.

  • April 24, 2018

    Cement Buyers Look For Cert. In Deceptive Fee Suit

    Customers suing a cement company over alleged price increases disguised as environmental fees and fuel surcharges asked a Florida federal judge Monday to certify a pair of classes in the case, saying the thousands of proposed class members all suffered the same fate.

  • April 24, 2018

    Nortek Hit With TCPA Suit Over Unsolicited Robocalls

    Nortek Security & Control LLC was hit with a proposed class action Monday in Florida federal court accusing the home and business security system company of violating the Telephone Consumer Protection Act by placing robocalls to advertise one of its home security products.

  • April 24, 2018

    Calif. Drivers Seek Cert. In Toll-Fine Due Process Suit

    California motorists asked a federal judge Monday to certify their class action alleging the operators of cashless tolls around Orange County unlawfully used drivers’ personal information to collect unpaid tolls and unconstitutionally hit drivers with overblown fines, saying the operators engaged in uniform violations of the law.

  • April 24, 2018

    Pizza Chain Settles Consumers' TCPA Suit For $22.6M

    “Take-and-bake” pizza chain Papa Murphy’s has agreed to a $22.6 million cash and voucher payment to settle a proposed class action alleging it violated the Telephone Consumer Protection Act, according to a bid for preliminary approval filed in Washington federal court.

  • April 24, 2018

    Bard Seeks New Trial Over Vein Filters After $3.6M Verdict

    Medical device maker C.R. Bard on Monday moved for a new trial after being hit with a $3.6 million verdict last month in a multidistrict litigation test trial over the safety of its clot-stopping vein filters, telling an Arizona federal court the decision was "inconsistent" and rested on flimsy evidence.

  • April 24, 2018

    Feds Want Married Couples' Suit Over Removals Tossed

    The federal government on Monday asked a Massachusetts federal court to toss a putative class action brought by married couples who allege the government is unlawfully trying to detain and deport immigrant spouses who are seeking permanent residency and are married to U.S. citizens.

  • April 24, 2018

    Rail Cos. Hit With Another Worker 'No Poach' Antitrust Suit

    Knorr-Bremse and Wabtec are facing new employment antitrust allegations after former employees sued in Maryland federal court Monday over alleged “no poach” agreements between the two rail supply companies.

  • April 24, 2018

    'Shotgun Pleading' Stymies CSX Investor Suit Over CEO Hire

    A Florida federal judge on Monday gave a CSX investor until May 14 to amend his derivative suit against the railroad’s board over the hiring of former CEO E. Hunter Harrison, striking its first iteration for a lack of diversity jurisdiction and a “shotgun pleading.”

Expert Analysis

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say mem... (continued)

  • Crypto Set To Drive Demand For Traditional Services: Part 2

    Izzy Nelken

    There is speculation that smart contracts may enable technology to replace the practice of law. However, disputes will almost certainly arise as a result of the innate characteristics of smart contracts, requiring seasoned legal representation, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Crypto Set To Drive Demand For Traditional Services: Part 1

    Collin Starkweather

    The widespread adoption and increasing regulation of virtual currencies and related technologies will give rise to the need for individuals with expertise in traditional fields, such as financial services and tax, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.

  • Plaintiff Discovery Tips For Employment Discrimination Cases

    Excerpt from Lexis Practice Advisor
    William Jhaveri-Weeks

    The scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases includes limitations that defendants often attempt to assert. San Francisco-based attorney William Jhaveri-Weeks addresses how to use the different mechanisms for obtaining discovery effectively, and the types of cases and discovery disputes that often occur.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.