Class Action

  • October 14, 2020

    Google Seeks Nix Of 2nd Boies Schiller-Repped Privacy Suit

    Theories from mobile app users in the second of two Boies Schiller Flexner LLP-repped proposed data privacy class actions filed against Google over the summer are neither supported by the law nor "common sense," the search giant said Tuesday in California federal court.

  • October 14, 2020

    Insurer Drops Suit Against McDonald's Franchise Owner

    American Family Mutual Insurance Co. on Wednesday said its fight not to cover a McDonald's franchise owner is now moot after plaintiffs dropped an underlying lawsuit alleging its insured violated its employees' biometric privacy rights.

  • October 14, 2020

    3M Investors Urge 3rd Circ. To Keep PFAS Suit In NJ

    The harm 3M's "forever chemicals" did to Garden State residents means the company should not be able to move a proposed class action claiming it downplayed its potential liabilities related to those toxic substances from New Jersey to Minnesota, investors told the Third Circuit.

  • October 14, 2020

    Tribe Members Say Feds Need Not Act Before Pipeline Suit

    Three Affiliated Tribes members pressed the Eighth Circuit on Wednesday to overturn the dismissal of their proposed class action challenging a Marathon Petroleum-owned company's pipeline, saying they aren't "second-class citizens" barred from bringing trespass claims unless the federal government acts first.

  • October 14, 2020

    Juul Fights Pro-Vape Campaign Staffers' Class Cert. Bid

    Canvassers for a Juul-backed San Francisco political campaign should not be granted class certification in an overtime suit, the e-cigarette company argued, because they failed to show Juul had an employment relationship with them or that they share similar circumstances.

  • October 14, 2020

    WuXi PharmaTech Dodges Securities Suit

    A New York federal judge tossed a proposed class action Wednesday that alleged pharmaceutical research and development company WuXi PharmaTech misled investors by not disclosing a strategy to spin off three subsidiaries.

  • October 14, 2020

    Fox Rothschild Adds Litigator From Transactional Firm

    Fox Rothschild LLP has hired away a shareholder from Shapiro Blasi Wasserman & Hermann PA to bolster the firm's litigation department at its West Palm Beach office.

  • October 14, 2020

    Chancery Ignored Precedent By Axing Suit, Del. Justices Told

    An attorney for Esperion Therapeutics Inc. stockholders told Delaware's Supreme Court on Wednesday that a vice chancellor "completely ignored" a contrary federal precedent in tossing a Chancery Court suit earlier this year accusing the biopharmaceutical company of misleading investors in 2015.

  • October 14, 2020

    J&J Keeps Pushing For Destruction Of Asbestos ERISA Suit

    Johnson & Johnson has urged a New Jersey federal judge to ax allegations the company violated the Employee Retirement Income Security Act and endangered workers' retirement savings by hiding the presence of asbestos in its baby powder for decades, saying three ex-workers haven't proved the alleged cover-up worsened the stock drop that occurred when the information came out.

  • October 14, 2020

    12 Firms Vie For Lead In Kodak Investors' Stock Trading Suits

    A dozen law firms filed competing motions Tuesday to represent Eastman Kodak Co. shareholders in two proposed class actions in New York and New Jersey federal courts, alleging the former photography giant's executives enriched themselves with stock trading surrounding a $765 million loan from the federal government.

  • October 14, 2020

    5th Circ. Says Prisoners' Pre-Suit Flub Sinks Pandemic Plan

    The Fifth Circuit on Tuesday temporarily suspended a permanent injunction requiring a Texas prison to implement a COVID-19 containment protocol in one of its units, saying a lower court incorrectly applied an exception to a law prisoners must follow to file lawsuits and that the pandemic's threats "do not matter."

  • October 14, 2020

    Hertz Execs Escape Investor Fraud Suit At 3rd Circ.

    The Third Circuit has rejected an attempt by Hertz Global Holdings shareholders to revive a 2013 suit alleging top executives lied about the company's financial condition, saying the shareholders were attempting to bring in new evidence too late in the game.

  • October 14, 2020

    SeaWorld Scores Win After False Ad Bench Trial

    A California federal judge has ruled that two consumers don't have standing to bring false advertising claims against SeaWorld over its communications about the welfare of its captive orcas, saying the pair's testimony and evidence were not reliable.

  • October 14, 2020

    Swiss-Israeli Crypto Firm Wants Suit Over Tokens Tossed

    Blockchain software company BProtocol Foundation and its four co-founders told a Manhattan federal judge that New York is the wrong place for them to face claims that their digital tokens are securities that should have been registered with the U.S. Securities and Exchange Commission.

  • October 14, 2020

    Delivery Workers Say 'Top Chef' Host Dodged Minimum Wage

    A deli chain run by "Top Chef" judge Tom Colicchio and partners paid its delivery workers at a tipped rate despite requiring them to spend much of their day doing work that could not earn them tips, according to a proposed class action the workers filed Tuesday in New York federal court.

  • October 14, 2020

    FTC, State AGs Say Humira Judge Botched Actavis Reading

    The Federal Trade Commission and a group of state attorneys general are urging the Seventh Circuit to address mistakes they say a district court made in tossing a lawsuit claiming AbbVie built an anti-competitive "patent thicket" around its blockbuster immunosuppressant Humira to keep cheaper biosimilars from the market.

  • October 14, 2020

    Pa. College Sued For Refunds After Virus Cancels Classes

    A Pennsylvania College of Technology student and his mother have launched a class action in state court seeking a refund after the school was forced to close down its campus in the spring as a result of the ongoing coronavirus pandemic.

  • October 14, 2020

    Apple Gets Restitution, Injunction Cut From Keyboard Suit

    A California federal judge has cut out claims for an injunction, restitution and other equitable relief from a proposed class action alleging Apple Inc. sold laptops with defective keyboards, finding the consumers failed to show money damages wouldn't make them whole.

  • October 13, 2020

    LA County To Pay $14M To End Immigrant Detainee Suit

    Los Angeles County has agreed to pay $14 million to end a class action alleging the LA County Sheriff's Department unlawfully detained 18,500 based on warrantless requests from federal immigration authorities, the American Civil Liberties Union Foundation of Southern California said Tuesday.

  • October 13, 2020

    BofA, Foreign Banks Look To Ditch Rate-Rigging Claims Again

    Bank of America and a set of foreign banking giants are asking a New York federal judge to again dismiss claims that they conspired to rig the London Interbank Offered Rate for the Japanese yen.

  • October 13, 2020

    Amazon Delivery Drivers Can't Pursue OT Suit As A Group

    Amazon delivery drivers can't collectively pursue claims that the retail giant shorted them on overtime pay, a Washington federal judge has ruled, saying the suit's lead plaintiff couldn't point to a nationwide pay policy that could bind the drivers' claims.

  • October 13, 2020

    9th Circ. Says ICE Failed To Protect Detainees From COVID-19

    The Ninth Circuit on Tuesday slammed U.S. Immigration and Customs Enforcement for failing to provide safe conditions for detainees packed into a California detention center, ruling that a federal court acted within its authority when it directed the government to reduce the center's population.

  • October 13, 2020

    NC Litigation Boutique To Join Nelson Mullins

    Nelson Mullins Riley & Scarborough will be adding the attorneys from the litigation and business law boutique Shanahan Law Group to its Raleigh, North Carolina, office, the firm announced Tuesday.

  • October 13, 2020

    Ex-NFL Player Resists Giving Fees To Atty Accused Of Fraud

    An ex-NFL linebacker urged a Pennsylvania federal judge Tuesday to reject a magistrate judge's recommendation that his former attorney, who recently paid nearly $400,000 to settle claims that he defrauded former football players he represented out of millions, was entitled to a 13.2% cut of the linebacker's concussion settlement award.

  • October 13, 2020

    Agents Fight Big Banks' Bid To Nix COVID-19 Loans Suit

    Some of the nation's biggest banks have a "fundamental misapprehension" of the federal Paycheck Protection Program when they argue they're not required to pay fees to loan agents during the COVID-19 pandemic, the agents told a California federal judge Monday while fighting to keep their suit in court.

Expert Analysis

  • Latest Visa Ban Ruling Is Pyrrhic Victory For Challengers

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    A D.C. federal court's recent ruling, strongly admonishing the government and barring the Trump administration from applying its visa ban to Diversity Visa lottery winners, struck an odd balance by ruling it was without authority to review travel bans — even those predicated on plainly false pretenses, says Jeffrey Gorsky at Berry Appleman.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • The Latest Labeling Issues For Plant-Based Substitute Foods

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    Recent false advertising claims against Burger King’s plant-based Impossible Whopper and proposed federal legislation demonstrate why manufacturers and retailers of meat and dairy substitute products must evaluate labels carefully to avoid confusion and potential liability, say Joshua Briones and Nicole Ozeran at Mintz.

  • The Dollars And Sense Of Antitrust Class Certification: Part 2

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    Detailed analysis of the Third Circuit's Lamictal ruling in the context of other recent pharmaceutical antitrust decisions clarifies when experts can use average prices to demonstrate classwide harm in order to sustain or defeat class certification, say Justin Cohen and Thu Hoang at Wilson Sonsini.

  • How To Calculate Securities Fraud Class Size With SEC Data

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    With COVID-19 expected to spur a surge in lawsuits where shareholders claim they paid inflated prices for securities due to disclosure-related issuer fraud, analysts at the Griffing Group explore a methodology for calculating class sizes using investor filings with the U.S. Securities and Exchange Commission.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • NCAA Publicity Rule Raises Labor, Antitrust, Policy Issues

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    New NCAA rules allow student-athletes to profit off their names, images and likenesses but beg several questions regarding video game licensing, the unionization of players, antitrust lawsuits and federal preemption, say Deborah Gubernick and Michelle Emeterio at Snell & Wilmer.

  • How Ohio Case May Alter Corruption Law Landscape

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    The case against former Ohio House Speaker Larry Householder, who allegedly used contributions to a nonprofit company in his control to further his political goals, raises novel issues at the core of federal corruption statutes and creates significant legal risks for companies engaging in political speech, say Peter Koski and Randall Friedland at Covington.

  • Assessing Health Data Privacy Damages During A Pandemic

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    Class action litigation related to data privacy in the health care industry is expected to trend upward during the COVID-19 era due to increased reliance on telehealth and contact tracing initiatives, heightening the importance of understanding the different economic approaches and challenges to valuing damages, say analysts at Cornerstone Research.

  • 5 Common Virus-Related Employment Claims To Know

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    Jessica Shpall Rosen and Keli Liu at Greenwald Doherty discuss trending pandemic-related employment law claims, and explain how companies can mitigate risk by focusing on compliance and defense strategy.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • 2 Biz Interruption Class Actions Colleges Should Monitor

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    A group of colleges and universities recently filed two class actions in Missouri and Kansas over COVID-19 business interruption coverage, which may set the tone for similar lawsuits and prompt other schools to reexamine risk management and insurance programs with an eye toward insurance specific to outbreaks and pandemics, say Jan Larson and Sara Stappert at Jenner & Block.

  • A Mixed Ruling On Coupon Redemption Rates And Atty Fees

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    The Sixth Circuit's recent ruling in Linneman v. Vita-Mix Corp. affirmed that courts may use the lodestar method to determine class action attorney fees, but also found that coupon redemption rates may be relevant to the overall reasonableness of the fee award — highlighting two practical considerations for class action defendants, say attorneys at McGuireWoods.

  • 5 Ways Calif. Cos. May Avert Wage And Hour Class Actions

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    California businesses should document their efforts to train employees on timekeeping to help defend against potential class and representative claims of unpaid wages and off-the-clock work, especially as employees continue working remotely, says Michael Nader at Ogletree.

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