Class Action

  • October 15, 2020

    Chicago Can't Skirt Discovery In Marriott Data Breach MDL

    Chicago doesn't seem to be playing fair in responding to Marriott International Inc.'s request for information about whether the city sued it over a data breach to generate revenue, a special master overseeing multidistrict litigation over the breach says.

  • October 15, 2020

    LAX Food Workers Say They Were Paid Too Little And Late

    Food and beverage workers at Los Angeles International Airport who were laid off due to the pandemic slapped HMSHost with a proposed class action, saying the company underpaid them and took months to fork over their final checks.

  • October 15, 2020

    Borrowers Reject AG's Atty Fee Critique In $141M Lender Deal

    Borrowers looking to clinch a $141 million settlement of illegal lending claims against online lender American Web Loan urged a Virginia federal judge on Wednesday to press ahead with final approval of the deal, defending their request for $32.4 million in attorney fees against criticism from the state's attorney general.

  • October 15, 2020

    Judge OKs $3.5M Deal To End Swag Buyers' Price-Fixing Suit

    A Texas federal judge has signed off on a $3.5 million settlement, $1.1 million of which will go toward attorney fees, that a class of buyers reached with four merchandise companies that conspired to fix the prices of promotional gear.

  • October 15, 2020

    Ill. Janitorial Co. Says Insurer Must Cover Workers' BIPA Suits

    An Illinois janitorial services company asked a federal judge Wednesday to grant it summary judgment in a dispute over whether its insurer must defend it in two lawsuits alleging it violated the state's biometric privacy law, saying those claims allege an "employment practices wrongful act" under its policy.

  • October 15, 2020

    Arbitration Notice Design Talks 'Irrelevant,' Live Nation Says

    Live Nation and its Ticketmaster unit have urged a California federal judge not to give concertgoers a peak into the thought process behind how their websites should display terms of use that the companies say force the antitrust dispute into arbitration.

  • October 15, 2020

    Mass. Cable Co. To Pay $1.8M To Settle Wage Suit

    A Massachusetts cable television installation company has agreed to pay $1.85 million to end a suit from its technicians in several East Coast states claiming they were not paid overtime and other wages, according to an agreement filed in Massachusetts federal court.

  • October 15, 2020

    Judge Extends Deadline For Prisoners To Claim Virus Checks

    A California federal judge Thursday pushed back the deadline for incarcerated individuals to claim coronavirus stimulus payments and ordered the Internal Revenue Service to send the necessary paperwork to any prisoners who may qualify.

  • October 15, 2020

    Massachusetts-Based Au Pair Co. Hit With New Wage Suit

    A Massachusetts-based au pair company is lying to its host families in order to drive up its own fees and underpay its workers in New York and California, one of the au pairs said Thursday in a proposed class action complaint.

  • October 15, 2020

    NCAA Asks High Court To Overturn Education Pay Ruling

    The NCAA is asking the U.S. Supreme Court to reverse a lower court ruling that struck down rules restricting education-related pay and benefits for college athletes, arguing that the ruling blurs "the line between college and professional athletes" and that it should have more leeway to enforce rules to maintain amateurism in college sports.

  • October 15, 2020

    Coronavirus Litigation: The Week In Review

    State Farm has been accused of charging excessive and unfair premiums during the coronavirus pandemic, Six Flags faces claims that it kept collecting monthly membership fees despite its theme parks being closed and a consumer advocacy group says the Trump administration is shrouding the federal government's billion-dollar contracts for COVID-19 vaccine development in secrecy.

  • October 15, 2020

    Dodge Owner Asks 2nd Circ. To Revive Tire Defect Claims

    The owner of a Dodge minivan on Thursday pushed the Second Circuit to reinstate him as class representative in a suit alleging that Chrysler and Dodge vehicles made by FCA US LLC had faulty tire monitoring systems, saying his claims became ripe after he experienced the defect, which was within the statute of limitations.

  • October 15, 2020

    Gov't Says Border Expulsion Policy Needed To Contain Virus

    The Trump administration is fighting to continue expelling asylum-seeking children from the U.S., telling a D.C. federal judge Wednesday that nixing the policy will "all but strip" its authority to contain the coronavirus.

  • October 15, 2020

    Pot Co. Says Stock Buys Disprove $144M 'Sham' Asset Plot

    Canadian cannabis company Aphria asked a Manhattan federal judge to reconsider his decision to keep a proposed securities class action against the company alive, arguing stock purchases by executives prove they didn't knowingly mislead investors.

  • October 15, 2020

    Comcast Faces Proposed Class Action Over Outdoor Therapy

    Comcast Corp. and Magellan Health Services Inc. are facing a proposed class action from a former employee who says the companies violated federal benefits law by refusing to cover her daughter's wilderness therapy.

  • October 15, 2020

    E-Trade Looks To Duck Suit Over Glitch Tied To Oil Price Drop

    E-Trade Securities LLC asked a California federal judge Wednesday to toss a "threadbare" lawsuit alleging the company breached its customer contract by allowing its electronic trading platform to crash in April when crude oil futures went negative, locking out traders.

  • October 15, 2020

    Midwestern College Drops COVID-19 Coverage Suit

    A Midwestern college told a Kansas federal judge that it's dropping a proposed class action against Zurich American Insurance Co. seeking a declaration that its $100 million policy should cover financial losses amid COVID-19.

  • October 14, 2020

    New York Judge Tosses Equity Bancshares Investor Suit

    A federal judge in New York on Wednesday tossed out a proposed class action against Equity Bancshares Inc., finding the holding company's investors hadn't shored up claims that the company engaged in an "extend and pretend" scheme involving $29.5 million it loaned to a struggling pizza chain and cupcake company.

  • October 14, 2020

    Chamber Backs Lyft At 1st Circ. In Driver OT Arbitration Suit

    A Massachusetts federal judge incorrectly ruled that Lyft drivers are exempt from arbitration under a federal law covering freight workers, the U.S. Chamber of Commerce told the First Circuit as part of a wage and hour suit against the rideshare firm.

  • October 14, 2020

    Allergan, Teva Sanctioned For Flouting Opioid MDL Discovery

    An Ohio federal judge sanctioned Allergan and Teva Pharmaceuticals after concluding Wednesday that they didn't search diligently for a damning internal audit of efforts to spot suspicious opioid orders and likely would have done so if the audit helped their legal defense in multidistrict litigation.

  • October 14, 2020

    Ex-NFLers Say Plan Had Duty To Warn Of CBA Disability Cuts

    Two retired NFL players who claim the league and players union sold hundreds of permanently disabled former players down the river by cutting disability benefits in the latest collective bargaining agreement have lobbed new allegations that the retirement plan board had a duty to correct the union's misrepresentations about the impact of the cuts, according to an amended complaint Tuesday.

  • October 14, 2020

    Denny's Franchisee's OT Settlement Hits Another Snag

    For the second time in 11 months, a Denny's Corp. franchisee and its assistant managers couldn't get a $120,000 wage-and-hour deal approved, after a New York federal judge ruled that their plan to have workers opt in by cashing checks would undermine standard settlement procedure.

  • October 14, 2020

    Driller Dodges Sanctions Bid But Gets Discovery Warning

    An Ohio federal judge warned Gulfport Energy Corp. on Wednesday to speed up its discovery responses in a case in which mineral owners say the company and others drilled where they didn't belong, but stopped short of sanctioning it.

  • October 14, 2020

    Lieff Cabraser Vies For Lead Role In ComEd RICO Suits

    A team led by Lieff Cabraser is contending with longtime energy attorneys for a lead role in civil racketeering proposed class claims brought against Commonwealth Edison Co. by the Illinois electric company's customers over admitted bribery of Illinois lawmakers.

  • October 14, 2020

    Man Allergan Texted About Botox Seeks Cert. In TCPA Suit

    A man suing Allergan for allegedly violating the Telephone Consumer Protection Act by sending unsolicited text advertisements related to Botox asked a California federal judge on Tuesday to certify a class of potentially thousands, arguing a class action is the only way to resolve their complaints.

Expert Analysis

  • Opinion

    9th Circ. Antitrust Ruling Threatens NFL, Free Enterprise

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    The U.S. Supreme Court should reverse a recent Ninth Circuit decision — holding that the NFL-DirecTV Sunday Ticket joint venture violates antitrust laws — because it jeopardizes a business model driving innovation in this country, says former Sen. Orrin Hatch.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • And Now A Word From The Panel: Justifying An MDL

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Ginsburg's Passing Could Usher In A Narrower TCPA

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    Justice Ruth Bader Ginsburg's broad commitment to the class action vehicle is unlikely to be shared by a Trump-appointed U.S. Supreme Court justice, suggesting a continued shift toward a narrower application of consumer protection statutes like the Telephone Consumer Protection Act, says Eric Troutman at Squire Patton.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Food Label Ruling Shows How To Make Preemption Stick

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    A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

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