Class Action

  • October 13, 2020

    Humira Buyers Get Backing Against AbbVie's 'Patent Thicket'

    Consumer advocates, academics and a drug store industry group all have urged the Seventh Circuit to revive a lawsuit claiming AbbVie built an anti-competitive "patent thicket" around its blockbuster immunosuppressant Humira to keep cheaper biosimilars from coming to the market.

  • October 13, 2020

    Cafe Says State Farm Premiums Led To Pandemic 'Windfall'

    A California cafe filed a proposed class action against State Farm for allegedly violating state law by charging "excessive, unfair premiums" during the COVID-19 pandemic, generating "a windfall" in the process.

  • October 13, 2020

    Haagen-Dazs Maker Hit With False Ad Suit Over Chocolate

    The makers of Haagen-Dazs ice cream were hit with a proposed class action in New York federal court on Tuesday over allegations that its ice cream bars are falsely advertised as being dipped in milk chocolate despite the presence of vegetable oil among their ingredients.

  • October 13, 2020

    Sunworks Investor Sues In Del. To Halt Solar Firms' Merger

    Solar power system developer Sunworks Inc.'s investors on Monday sued for more details about a pending all-stock merger with Peck Company Holdings Inc. or a block on the deal, in a proposed Delaware Chancery Court class suit alleging multiple disclosure failures.

  • October 13, 2020

    J&J Strikes $5B Deal Pushing 3,000 Opioid Suits Toward End

    Johnson & Johnson on Tuesday disclosed that it's offering up to $5 billion to end a nationwide torrent of litigation accusing it of contributing significantly to America's opioid addiction crisis, a 25% increase on an earlier settlement proposal.

  • October 13, 2020

    9th Circ. Rejects Delay In Mailing Check Notices To Prisoners

    The Ninth Circuit on Tuesday rejected the federal government's attempt to delay a requirement that the Internal Revenue Service notify by mail any incarcerated individuals who may qualify for a coronavirus stimulus payment by the end of the week.

  • October 13, 2020

    Lyft Shouldn't Arbitrate NJ Wage Suit Yet, Judge Says

    A New Jersey magistrate judge recommended Tuesday that a federal court deny Lyft Inc.'s bid to arbitrate a driver's proposed wage class action, reasoning that more findings are needed to determine if federal arbitration law applies to the drivers he seeks to represent.

  • October 13, 2020

    Ill. Suit Says Six Flags Charged Fees Despite Virus Closures

    Six Flags continued to charge hundreds of thousands of membership and season pass holders monthly fees even when its theme parks were shuttered due to the coronavirus pandemic, according to a proposed class action in Illinois state court.

  • October 13, 2020

    Biz Group Warns 9th Circ. Of 'Windfall' In Northrop ERISA Suit

    An employer advocacy organization has urged the Ninth Circuit not to upend Northrop Grumman's win in an ERISA suit claiming pensioners were given inaccurate benefit calculations, saying a "mere clerical error" didn't entitle them to a "windfall of benefits."

  • October 13, 2020

    Coach Fights Sanction Fees For Edelson In Hidden-Abuse Suit

    Volleyball coach Rick Butler is fighting the fees requested by attorneys for a mother who led an unsuccessful class action against him for allegedly concealing sexual abuse accusations, arguing he and his wife should only have to cover costs directly attributable to actions they took to encourage class opt-outs.

  • October 13, 2020

    MVP: Simpson Thacher's Jonathan K. Youngwood

    Jonathan Youngwood of Simpson Thacher & Bartlett LLP secured a historic consent decree against a Mississippi sheriff's department in a class action challenging the department's racially biased policing and settled claims that SeaWorld downplayed the financial impacts of the documentary "Blackfish," earning him a spot among Law360's 2020 Class Action MVPs.

  • October 13, 2020

    CBD Co. Hit With Proposed Class Action Over Data Breaches

    Hemp products company cbdMD Inc. has been accused in a proposed class action of failing to adequately protect its customers' debit and credit card information after the company experienced two data breaches earlier this year.

  • October 13, 2020

    Jumia Seeks OK Of $5M Deal To End Investors' Suits

    Investors of African e-commerce platform Jumia Technologies have asked a New York federal judge to approve a combined $5 million deal to settle two proposed class actions, one in New York federal court and one in state court, to end claims the company fooled investors into thinking it was the "Amazon of Africa" before its initial public offering.

  • October 13, 2020

    Insurers Seek To Escape Coverage In Fake Kona Coffee Suit

    United States Fire Insurance Co. has asked a Hawaiian federal judge to declare it does not need to cover Pacific Coffee Inc. in a proposed class action accusing the company, along with Amazon, Walmart and Costco, of violating federal law by selling ordinary coffee under the name "Kona."

  • October 13, 2020

    Reliance Inks $40M Deal To End Insperity 401(k) Fee Suit

    Reliance Trust Co. has agreed to pay nearly $40 million to settle an ERISA class action brought by workers who accused the investment manager of including poorly performing and costly proprietary funds in human resources services provider Insperity's retirement plan. 

  • October 09, 2020

    Nike Needn't Hand Over Pay Analyses In Sex Bias Suit

    An Oregon federal judge on Friday declined to force Nike Inc. to produce analyses comparing how the clothing giant pays and promotes male and female employees at its headquarters in the Beaver State, finding that the documents are shielded by attorney-client privilege.

  • October 09, 2020

    J&J Opens Appeal By Assailing 'Radical' $465M Opioid Verdict

    Johnson & Johnson unleashed a sweeping assault on a historic judgment ordering it to pay $465 million for sowing the seeds of narcotic painkiller addiction in Oklahoma, warning the state's high court that the ruling invites limitless litigation against major corporations for public health problems.

  • October 09, 2020

    SEC Accuses Oil Services Co. Of $100M Fraud

    The U.S. Securities and Exchange Commission accused bankrupt oilfield services company SAExploration Holdings Inc., its former CEO Jeffrey Hastings and three other former executives on Thursday of overseeing a $100 million accounting fraud, the same day New York federal prosecutors announced criminal fraud charges against Hastings.

  • October 09, 2020

    CRST Wants Truckers' Mass. Noncompete Suit Dumped

    CRST International Inc. said Friday that a group of drivers who aren't residents of Massachusetts cannot pursue a proposed class action in that state alleging the trucking giant defrauded drivers in its training program by illegally deducting their wages and saddling them with an onerous noncompete agreement.

  • October 09, 2020

    Beyond Meat Beats Investor Suit Over Supplier Row For Now

    A federal judge in Los Angeles on Thursday told investors in Beyond Meat, the company that makes the plant-based Beyond Burger, to rewrite their claims that the company downplayed the liability risks it faced in a dispute with a former business partner.

  • October 09, 2020

    Drug Cos. Fight Class Cert. For 'Opioid Babies' In MDL

    Drugmakers and retailers facing multidistrict litigation over their alleged role in the opioid epidemic urged a federal judge Friday not to certify a class of legal guardians of babies born to mothers who took opioids during pregnancy, saying their personal injury claims can't be resolved collectively.

  • October 09, 2020

    Home Care Cos. Beat Aides' Suit Over Their Health Plan

    A New York federal judge ruled Friday that aides for two Brooklyn-based home health care providers can't bring a proposed ERISA class action over a health plan that is overfunded by nearly $23 million, pointing to the recent U.S. Supreme Court ruling in Thole v. U.S. Bank NA.

  • October 09, 2020

    Curaleaf Says TCPA Suit Lacks Facts About Texts

    Multistate marijuana company Curaleaf asked a New York federal judge Thursday to throw out a class action accusing the company of sending unwanted marketing texts to customers, saying there's no evidence it used a banned autodialer to send the alleged messages.

  • October 09, 2020

    Judge Consolidates JPMorgan Spoofing Suits, Taps Counsel

    A New York federal judge consolidated seven proposed class actions alleging JPMorgan Chase has been illegally spoofing the futures market since 2009 and appointed Lowey Dannenberg PC and Kirby McInerney LLP as interim lead co-counsel.

  • October 09, 2020

    Stanford Bank Receiver Wins $79M Clawback Suit In 5th Circ.

    The Fifth Circuit has ruled that a billionaire investor cannot hold on to the $79 million transferred to him by Stanford International Bank Ltd. just before the bank was exposed as a billion-dollar Ponzi scheme.

Expert Analysis

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • Why D&O Insurance Is Costly Despite Fewer Securities Suits

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    Although securities class action filings have dropped drastically this year, the cost of directors and officers insurance continues to increase due to new risks presented by the pandemic and other factors, says Priya Huskins at Woodruff Sawyer.

  • 5 Considerations For Using Survey Data In Employment Cases

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    Information collected through surveys can be a valuable part of building your employment case, especially when compiled into statistical evidence — however certain pitfalls can leave you open to criticism and can transform the survey into a tool used against your case, say Kristen Backor and Abby Turner at Charles River Associates.

  • How To Write A Better Comment Letter On Agency Proposals

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    As the federal government prepares to unveil a revamped online portal for submitting comments on proposed rulemakings, several considerations can help the public provide better feedback to help agencies implement legislation and regulate our activities, say Matt Kulkin and Josh Oppenheimer at Steptoe & Johnson.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

  • Series

    BigLaw Cannot Reap Diversity Rewards Without Inclusion

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    BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

  • Series

    How Law Firms Can Hire And Retain More Black Attorneys

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    The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

  • Series

    Ideas For Closing BigLaw's Diversity Gap

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    If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

  • Series

    Advancing Racial Justice In The Legal Industry And Beyond

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    In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

  • The Double Hyperlink Quandary In User Agreement Litigation

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    Conflicting Florida federal court decisions have created confusion over the enforceability of online user agreements containing hyperlinks within hyperlinks, so attorneys should carefully consider the forum in which such disputes are litigated, says Eduardo Maura at Ayala Law.

  • Guest Feature

    Diversity Work Doesn't Have To Be Reserved For Partners

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    Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

  • Economics Of Pandemic Price-Gouging Class Certification

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    Recent price-gouging class actions plaintiffs filed in a California federal court raise economic issues, which require rigorous analyses to determine classwide impact based on common evidence and to reliably estimate damages on a formulaic basis, say George Korenko and Matthew Milner at Edgeworth Economics.

  • Cannabis Cos. Can't Ignore TCPA Compliance

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    A recent nationwide uptick in Telephone Consumer Protection Act class actions against cannabis companies clearly indicates that the budding industry is particularly vulnerable to potential TCPA liability and cannot afford to ignore the cost of noncompliance, say Rosa Tumialán and Peter Grace of Dykema.

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