A California federal judge dismissed football cheerleaders' lawsuit against the NFL and the majority of its teams over alleged wage-suppression tactics, saying Friday that the antitrust complaint was insufficient and failed to meet the pleading standard.
McDonald’s on Friday grilled an accountant who testified the company could owe potentially $41 million in statutory penalties for arranging overnight shifts at its company-run stores in California so as to stiff thousands of workers on overtime, questioning the accountant’s qualifications and methodologies during cross-examination in the damages trial.
A Tennessee federal judge on Friday awarded $10 million in fees to the attorneys representing a class of direct purchasers accusing several manufacturers of cast iron soil pipes and fittings of fixing prices and pushing out competitors, and also approved the class’ $30 million settlement.
Discount brokerage firm Scottrade Inc. asked a Florida federal judge Thursday not to remand to state court claims brought against it by a putative class of customers over a data breach, arguing that the case should be stayed pending an appeal at the Eighth Circuit.
Fast-casual chicken restaurant operator Pollo Operations Inc. and a proposed consumer class said Friday they will refute a Florida magistrate judge's denial of a $975,000 settlement over alleged federal Telephone Consumer Protection Act violations, noting that the court can expect to see them file a new request.
U.S. Department of Justice lawyers and advocates for a proposed class of travelers from seven majority-Muslim countries affected by President Donald Trump’s executive order barring them from entering the U.S. held “productive” talks Friday aimed at resolving a New York lawsuit targeting the immigration order.
The state of California sued Japanese auto parts maker Sumitomo Electric Industries Ltd. and its affiliates Friday as part of a massive multidistrict litigation in Michigan federal court over anti-competitive conduct and price-fixing in the auto parts industry.
Hertz fails to notify car renters that its transponders don’t work on all toll roads and then charges consumers large, hidden fees for small, unpaid tolls to generate a profit, according to a putative class action filed Thursday in California federal court.
The Ninth Circuit on Friday affirmed that subsidiaries of Hartford and Liberty Mutual don't have to cover a pair of lawsuits accusing an Aaron's franchisee of spying on customers through rental computers, finding that all of the underlying allegations either don't fall within the terms of the insurers' policies or are subject to exclusions.
The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.
A Yahoo Inc. investor was denied expedited handling Friday for a preliminary injunction motion in Delaware Chancery Court seeking to delay an executive pay vote at the company’s June 8 annual meeting if the company doesn’t meet a disclosure demand.
Investors in Chinese luxury jewelry maker Fuqi International Inc. have reached a $1.1 million deal to put to rest class claims that an accounting firm failed to act on signs that Fuqi had serious internal accounting errors, according to a settlement filing.
The Sixth Circuit on Thursday affirmed an Ohio district court’s pre-trial decision favoring Nucor Steel Marion, Inc. in a trespass and nuisance lawsuit that alleges the steel company emitted the hazardous chemical manganese onto several properties, saying the landowners don’t have enough evidence to bring a case to the courtroom.
Johnson & Johnson will pay $6.75 million and remove an “Active Naturals” label from a line of Aveeno products after consumers complained the name was deceptive since the products contained synthetic ingredients, according to a settlement agreement filed in New York federal court on Friday.
Discover Bank and a debt collector it employs publicly filed confidential credit scores of consumers who owed debt without prior permission, a violation of federal consumer protection laws, according to a putative class action filed in Wisconsin federal court on Friday.
An Illinois federal judge will require well-known objector counsel Christopher Bandas to post a bond to appeal the award of nearly $15 million in attorneys' fees for plaintiffs firms in a class action accusing cruise marketing companies of robocalling more than a million people.
Trial courts presiding over electronic discovery disputes must keep in mind that “proportionality is the polestar” and weigh the burden of producing evidence in specialized formats, the Texas Supreme Court said Friday in a State Farm Lloyds discovery row stemming from hailstorm claims.
The legal backlash against Chipotle over a late-April data breach continued to mount on Friday, as the second financial institution in less than a month filed a proposed class action in Colorado federal court accusing the restaurant chain of failing to maintain adequate security measures.
An Illinois federal judge Friday told a taxi driver he will need redo his Fair Labor Standards Act and state wage claims in a putative class action alleging his former employer misclassified its drivers as independent contractors.
The football helmet buyers who accused Riddell Inc. of misleading consumers by claiming it used special technology that could reduce the likelihood of concussions have agreed to drop their putative class action, according to a dismissal stipulation filed Thursday in New Jersey federal court.
The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.
In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.
With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.
The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.
Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.
While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.
Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.