Class Action

  • October 26, 2020

    Eye on ERISA: Q&A With Schneider Wallace's Todd Schneider

    Schneider Wallace Cottrell Konecky LLP founding partner Todd Schneider isn't worried about the defense bar's attempts to limit ERISA litigation. After all, scaling back class actions is a perennial goal of management-side attorneys, and if plaintiffs firm Schneider Wallace's track record over the past few months is any indication, the momentum on benefits lawsuit hasn't slowed in the slightest.

  • October 26, 2020

    Pa. Energy Co. To Pay $1.2M To End Misclassification Suit

    After a delay caused by its bankruptcy, a Pennsylvania energy producer will pay $1.2 million to end a class and collective action from oil and gas workers accusing it of misclassifying them as independent contractors, according to a proposed final settlement in federal court.

  • October 26, 2020

    Insurance Buyers Score Small Win In $489M Sutter Health Suit

    Health insurance buyers have convinced a California federal court to grant them an incremental win in their $489 million suit accusing hospital chain Sutter Health of costing them money by forcing insurance companies to contract with all of its facilities in order to work with any specific one.

  • October 26, 2020

    Juul, Altria Can't Slip Bulk Of Claims In Vaping MDL

    Consumers and government entities accusing Juul and Altria of unleashing a youth vaping epidemic cleared a hurdle in sprawling multidistrict litigation against the companies when a California federal judge found that their public nuisance and negligence claims pass legal muster.

  • October 26, 2020

    Feds Float Drop Of Preterm Birth Drug Approval, Women Say

    A group of women challenging AMAG Inc.'s marketing and sale of a drug advertised as reducing the chance of preterm births has told a New Jersey federal court that a U.S. Food and Drug Administration division has proposed to withdraw market approval of the drug. 

  • October 26, 2020

    Uber Drivers Say Racist Star Rating System Costs Them Jobs

    Uber was hit with a proposed class action in California federal court Monday alleging its in-app customer rating system enables racial discrimination against drivers, asserting in a novel claim that drivers for ride-hailing companies are employees under Title VII.

  • October 26, 2020

    Chancery Tosses Suit Over Facebook Stock-Shuffle Plan

    A Delaware vice chancellor on Monday tossed a derivative lawsuit against current and former directors of Facebook and CEO Mark Zuckerberg seeking at least $95 million in damages related to an abandoned stock reclassification plan allegedly driven by Zuckerberg's personal philanthropic agenda, finding an investor didn't first ask the company to consider filing suit.

  • October 26, 2020

    Customers Fight Arbitration Bids In IMessage Mix-Up Suit

    A proposed class of iPhone buyers asked a New York federal court on Friday to deny arbitration bids from Apple and T-Mobile over their claims the companies breached their privacy through an undisclosed software flaw that linked the Apple IDs of strangers unwittingly given recycled phone numbers.

  • October 26, 2020

    Uber Says Drivers' Prop 22 Suit Is Too Big For State Court

    Uber told a California federal judge that a proposed class action, brought by drivers who claim it is violating state law by pressuring them to back a ballot measure that could exempt Uber from granting them employee status, is too big for state court.

  • October 26, 2020

    'Cobra Sexual Energy' Maker Inks $100K Deal In False Ad Suit

    A class of California buyers is asking for preliminary approval of a $100,000 settlement that would end claims that Nutraceutical Corp. advertised its "Cobra Sexual Energy" supplement with false promises of increased virility for men.

  • October 26, 2020

    7th Circ. Panel Dubious Of Loan Biz Bid For TCPA Coverage

    Seventh Circuit judges expressed skepticism Monday of loan servicer Ocwen's bid for insurance coverage for a lawsuit that accuses it of illegal debt collection, questioning its argument that not all the alleged conduct violates the laws that would bar coverage under an exclusion in the policy.

  • October 26, 2020

    Chinese Cos. Drop Immunity Appeal In CRT Price-Fixing Suits

    A pair of Chinese electronics companies have summarily dropped their Ninth Circuit appeal seeking to duck multidistrict litigation alleging a conspiracy to fix the price of cathode ray tubes, sending the spat back to district court without an answer on their immunity as arms of the Beijing government.

  • October 26, 2020

    EEOC Says AutoZone Didn't Accommodate Disability Absence

    The U.S. Equal Employment Opportunity Commission has asked an Illinois federal court to rule in a long-running suit that a group of AutoZone employees are disabled under federal law and that the company failed to adjust its attendance policy to accommodate them.

  • October 26, 2020

    ​​​​​​​German Car Cos. Escape 'No Arms Race' Conspiracy MDL

    A California federal judge has scuttled for good consolidated class actions alleging German auto giants conspired to control diesel emissions systems specifications and the price of steel, saying the plaintiffs still haven't spelled out any U.S. antitrust law violations after three tries.

  • October 26, 2020

    Ex-Southwest Worker Urges Court Not To Ground COBRA Suit

    A former Southwest Airlines worker has urged a Florida federal court not to toss her proposed class action accusing the airline of failing to properly notify departing workers about their right to continuing health benefits.

  • October 26, 2020

    Consumers Can't Add Execs To $150M Insurance Scam Suit

    A Florida federal judge ruled Monday that consumers cannot add three current and former executives as defendants in an amended class action complaint alleging Florida health carrier Health Insurance Innovations Inc. engaged in a $150 million scam to get them to buy shoddy insurance policies.

  • October 26, 2020

    YouTube Video Moderator Files Class Action Over Trauma

    A former YouTube content moderator has accused the company of failing to provide a safe workplace for those reviewing graphic content on the website, saying in a proposed class action she has suffered psychological trauma from repeated exposure to violent and disturbing videos.

  • October 26, 2020

    Sam's Club Looks To Sack Grocery Workers' OT Suit

    Sam's Club Inc. urged a New Jersey federal court to toss proposed class claims from three employees alleging that assistant grocery managers were unlawfully denied overtime pay, saying Friday there is no showing they experienced the same alleged wrongdoing as their fellow workers.

  • October 26, 2020

    DirecTV Looks To Sink TCPA Suit After Arbitration Decision

    DirecTV has asked a West Virginia federal court to toss the majority of a lawsuit claiming the satellite TV provider violated the Telephone Consumer Protection Act, after the Fourth Circuit ruled the suit's lead plaintiff is bound by a contract to arbitrate her claims.

  • October 25, 2020

    Judge Says ICE Can't Lift Bar On Noncitizen Spouse Detention

    A Maryland federal judge rejected U.S. Immigration and Customs Enforcement's request to end an order blocking it from detaining noncitizen spouses while their deportation waivers are processed, saying the agency doesn't get a second chance to stop the order.

  • October 23, 2020

    DaVita Inks $50M Deal To End Private Insurance Push Suit

    DaVita Inc. shareholders asked a Delaware federal judge Friday to approve a $50 million deal with the kidney dialysis company's executives that would end a derivative action accusing DaVita of facilitating an illicit scheme to push dialysis patients out of government-backed health insurance.

  • October 23, 2020

    Exotic Dancers Sue Md. Nightclub Over Job Misclassification

    A proposed class of dancers sued a Maryland strip club Friday in federal court, claiming the club misclassified them as independent contractors to avoid paying them the minimum wage.

  • October 23, 2020

    AGs Ask Justices For Broad Autodialer View In Facebook Suit

    More than three dozen states on Friday called on the U.S. Supreme Court to broadly define an autodialer under the Telephone Consumer Protection Act to mean any device that can store and dial numbers automatically, as the justices tackle Facebook's bid to erase class claims over its security texts.

  • October 23, 2020

    Lannett Drug Price-Fixing Settlement Gets Del. Judge's OK

    Lannett Company Inc. and its stockholders secured a Delaware federal court's approval late Thursday for a settlement to end a suit accusing the company of lying to investors about the pharmaceutical company's part in multi-district government price-fixing probes and litigation.

  • October 23, 2020

    Racketeering Suit Rewrite Bid Shows 'Bad Faith,' BitMEX Says

    The offshore company that owns the BitMEX cryptocurrency exchange told a California federal judge Thursday that he shouldn't let traders rewrite their lengthy suit alleging the company and BitMEX's co-founders engaged in a vast racketeering and market-manipulation scheme.

Expert Analysis

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Petland Ruling Continues Scrutiny Of RICO Enterprise Claims

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    Michael Soyfer at Quinn Emanuel discusses how the Eleventh Circuit's recent decision in Cisneros v. Petland follows the appellate court trend of limiting what qualifies as an enterprise for Racketeer Influenced and Corrupt Organizations Act claims, despite the U.S. Supreme Court's efforts to limit constrictions on the definition.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

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    The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • What To Know About The First Wave Of CARES Act Litigation

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    James Murphy and Daniel Payne at Murphy & McGonigle analyze the first six months of CARES Act litigation and provide insight into how early cases are progressing and who seems to be winning.

  • SEP Users Should Jettison Antitrust For Patent, Contract Law

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    Because the recent holdings in Federal Trade Commission v. Qualcomm and Continental Automotive Systems v. Avanci demonstrate antitrust's flaws in resolving disputes over licensing rates for standard-essential patents, users should employ contract and patent law for more flexibility in negotiations and litigation, say Erik Puknys and Michelle Rice at Finnegan.

  • How COVID-19 May Rattle Companies' Supply Chains

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    As manufacturers, distributors and retailers begin to resume their activities in the wake of COVID-19 lockdowns, they must be aware of how changes in manufacturing, storage, shipping and staffing practices at different points in the supply chain could compromise product quality and increase legal liability, says Zal Phiroz at Pier Consulting Group.

  • Insurer-Friendly COVID-19 Case Law Is No Silver Bullet

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    Three recent decisions confirm that individual or consolidated lawsuits regarding insurance coverage for business interruption caused by the pandemic will turn on their own unique circumstances, meaning that insurer-friendly decisions will not preclude coverage broadly, say Jason Rubinstein and Mark Packman at Gilbert.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • 11th Circ. Ruling Threatens Class Rep Incentive Awards

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    Following the Eleventh Circuit's recent finding in Johnson v. NPAS Solutions that incentive awards improperly confer a benefit on class representatives, litigants should expect more challenges to such settlement provisions and closer scrutiny from courts, say Peter Morrison and Zack Faigen at Skadden.

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