Class Action

  • October 09, 2020

    Delek Energy Can't Send Workers' OT Action To Arbitration

    The U.S. arm of Israeli company Delek Energy cannot force a suit over unpaid overtime into arbitration because proposed class members never signed an arbitration agreement with Delek, but rather two other companies, a Tennessee federal judge has ruled.

  • October 09, 2020

    Workers Say Ex-Ill. Casino Board Must Face $170M Stock Suit

    Former employees of an Illinois casino's holding company hit back Thursday at board members' bid to dismiss their proposed class action over an allegedly overpriced stock purchase deal and send them to arbitration, saying they had failed to show there is a valid agreement to arbitrate.

  • October 09, 2020

    9th Circ. Revives CVS Joint Pain Pills False Ad Suit

    A Ninth Circuit panel on Friday revived a suit alleging that CVS Health Corp. falsely advertises its glucosamine pills as effective at fighting joint pain, saying the district court was wrong to find that federal law blocked the claims.

  • October 09, 2020

    Browser Firm Opera Omitted Fintech From IPO, Investors Say

    Investors in web browser company Opera on Thursday told a federal judge in Manhattan that the company and some of its brass must face their proposed securities class action because Opera failed to properly inform them about its participation in the fintech sector in the leadup to its 2018 public offering.

  • October 09, 2020

    MiMedx Investors Get Initial OK For Fraud Deal, $3.5M In Fees

    A Georgia federal judge has given preliminary approval to a derivative settlement that would require new controls at MiMedx Group Inc. and pay $3.5 million to plaintiffs' counsel to resolve shareholders' allegations that the biotech company's executives engaged in a yearslong scheme to inflate revenue. 

  • October 09, 2020

    DC Judge Orders Postal Service To Restore OT Pay

    A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore postal service overtime pay and allow late mail deliveries, affirming parts of a lawsuit filed by a group of allegedly disenfranchised primary voters as mail-in ballots arrive for the general election.

  • October 09, 2020

    Apple Hit With Antitrust Suit Over Game Subscription Service

    Purchasers of Apple's subscription mobile gaming service claimed in a suit filed Thursday in California federal court that the tech giant is maintaining an illegal monopoly in iPhone-based mobile gaming by barring other subscription gaming services from the App Store.

  • October 09, 2020

    Cherokee Members Say Clerks Must Face Post-McGirt Suit

    Cherokee tribe members say court clerks can't use Eleventh Amendment immunity to escape their proposed class action seeking reimbursement for court fines and fees in the wake of the U.S. Supreme Court's decision in McGirt v. Oklahoma.

  • October 09, 2020

    Union Health Plan Dodges Film Workers' Suit Over Virus Relief

    The Motion Picture Industry Health Plan's board can't be sued under ERISA for allegedly flouting its duties when it relaxed plan rules in response to COVID-19, a California federal judge has ruled, nixing a proposed class action filed by two cinematographers who still couldn't qualify for benefits.

  • October 09, 2020

    Novel TCPA Ruling Lays Groundwork For Fresh Circuit Split

    A Louisiana federal judge's ruling erasing liability for autodialed calls and text messages made during the past five years sets the stage for another circuit split involving the Telephone Consumer Protection Act and, if more widely adopted, would mark the biggest boon yet to defendants attempting to crush a swell of litigation.

  • October 09, 2020

    Opioid MDL Bellwether Trial Delayed Amid COVID-19 Fears

    Amid coronavirus concerns, a West Virginia federal judge on Friday postponed an eagerly awaited bellwether trial in multidistrict opioid litigation shortly before its scheduled start, adding to a series of recent setbacks for local governments that blame drug companies for rampant addiction.

  • October 09, 2020

    Class Says Sunoco Rewriting History To Shake $155M Ruling

    Oklahoma royalty owners accused Sunoco of twisting facts in its attempt to get a redo after a federal judge found the company owes $155 million to tens of thousands of class members for not automatically paying interest on late payments, in a blistering response to the company's motion for a new trial.

  • October 09, 2020

    Negotiation Class Wants 6th Circ. Full Review In Opioid MDL

    A proposed negotiation class intended to seek settlements in the sprawling Ohio multidistrict litigation over the national opioid crisis is urging the Sixth Circuit for a full-court review of a decision last month striking the class down, saying the split panel went against the intent of federal class rules and its own precedent.

  • October 09, 2020

    Pa. Pipeline Workers Win Class Cert. In OT Suit

    A Pennsylvania federal judge has conditionally approved a class of employees who say the engineering firm for pipeline companies they work for failed to pay them overtime as required by federal and state wage laws.

  • October 09, 2020

    Mich. Bottled Water Co. Accused Of Shorting Drivers On OT

    A Michigan bottled water company kept its delivery drivers on the clock but failed to pay them overtime, according to a wage-and-hour suit filed in that state's federal court.

  • October 09, 2020

    MVP: Quinn Emanuel's Shon Morgan

    Shon Morgan of Quinn Emanuel Urquhart & Sullivan LLP helped persuade a federal judge to approve a massive deal to settle suits for Hyundai and Kia over an engine defect, won an arbitration ruling for Ancestry.com, and grappled with new class actions spawned by the COVID-19 pandemic, making him one of Law360's 2020 Class Action MVPs.

  • October 08, 2020

    Pandemic Can't Delay Landmark Opioid Trial, Judge Told

    The first bellwether trial in multidistrict opioid litigation must start this month because an epidemic of painkiller addiction is just as deadly as the coronavirus pandemic, and drug companies are exaggerating the virus threat, local governments told a West Virginia judge late Thursday.

  • October 08, 2020

    Dillard's Settles EEOC Suit Over Racial Bias In Promotions

    Department store chain Dillard's agreed to pay nearly $1 million and publicize job openings to resolve a U.S. Equal Employment Opportunity Commission class action accusing the company of failing to elevate Black employees to managerial positions in stores across the South.

  • October 08, 2020

    Cruise Line Settles Ohio Woman's TCPA Suit

    Royal Seas Cruises has reached an undisclosed settlement to resolve an Ohio woman's proposed class action accusing the company of violating the Telephone Consumer Protection Act, a deal that came just ahead of a bench trial scheduled for later this month in Florida federal court.

  • October 08, 2020

    BofI Investor Suit Revived In 9th Circ. By Whistleblower Action

    In a published opinion on Thursday, the Ninth Circuit reversed the dismissal of a securities suit against the since-rebranded BofI Federal Bank after finding a related whistleblower suit could be considered a potential "corrective disclosure."

  • October 08, 2020

    Clearview AI Says Changes Moot Orgs' Biometric Privacy Suit

    Clearview AI Inc. argued Wednesday that an Illinois state court should dismiss advocacy organizations' claims that its photo collection practices violate their members' biometric privacy rights because the company made changes that mooted the allegations before they were filed.

  • October 08, 2020

    BofA Can Seek Immediate Appeal Of NY Preemption Ruling

    A New York federal judge has greenlit Bank of America NA to seek the Second Circuit's immediate review of her ruling that a state mortgage escrow interest law isn't federally preempted for national banks, citing potential "system-wide benefits" of clearing up multiple bank lawsuits in one fell swoop.

  • October 08, 2020

    Mich. Cannabis Co. Slams 'Sloppy' Atty Behind TCPA Suit

    A Michigan medical marijuana business is urging a federal judge to throw out a class action accusing the company of sending unwanted marketing text messages, saying the lawsuit is a cookie-cutter complaint filed by an attorney who has made a living out of these suits.

  • October 08, 2020

    McDonald's Not Covered For Virus Safety Suit, Insurer Says

    Austin Mutual Insurance Co. on Thursday urged an Illinois federal judge to find that it doesn't have to defend McDonald's and two of its franchise owners in a proposed class action over allegedly unsafe working conditions during the COVID-19 pandemic, saying the suit seeks only remedial measures that aren't covered by the companies' policies.

  • October 08, 2020

    Judge Slams ICE For 'Spotty Compliance' With Virus Safety

    A California federal judge on Wednesday tore into U.S. Immigration and Customs Enforcement for its "spotty compliance" with a COVID-19 safety order he issued in April, noting that the agency has failed to release a number of high-risk immigrant detainees from its detention centers during the deadly pandemic. 

Expert Analysis

  • Restaurant Virus Coverage Ruling Is An Outlier

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    Though a Missouri federal court allowed a group of hair salons and restaurants to sue for COVID-19 business interruption losses, Studio 417 v. Cincinnati Insurance is easily distinguishable from other virus insurance coverage cases, contradicts existing case law and offers prospects for minimal recovery at best, say Keith Moskowitz and Erin Bradham at Dentons.

  • What Cos. Could Expect From National Biometric Privacy Bill

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    In light of the recently introduced National Biometric Information Privacy Act, which would impose requirements and litigation risks similar to Illinois' stringent biometric privacy statute, businesses using this type of data should take affirmative action to install adaptable compliance programs, say Jeffrey Rosenthal and David Oberly at Blank Rome.

  • 4 Opportunities For Mediators To Settle Big-Dollar Cases

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    A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

  • 2 Conflicting Rulings Show Hurdles In Virus Insurance Cases

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    The first two federal courts to address the outcome-determinative direct physical loss issue in COVID-19 business interruption insurance litigation have reached opposite conclusions, highlighting the potential impact that allegations of COVID-19's physical presence on business premises can have on a claim's success, says Oliver Sepulveda at Shutts & Bowen.

  • Remote Proceedings Bring New Wrinkles For Court Records

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    Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

  • DFS Case Shows Insurance Ramifications Of Cyber Breaches

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    The New York State Department of Financial Services' recent charges against First American regarding its cybersecurity failures is a warning that regulated companies should brace for potentially heightened enforcement activity and that even strong cybersecurity systems should be reinforced with insurance coverage, say Peter Halprin and Nicolas Pappas at Pasich.

  • Cross-Selling Strategies For Law Firms During Pandemic

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    Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

  • Restaurant Virus Coverage Ruling Offers Insight For Insureds

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    A Missouri federal court’s recent decision allowing hair salon and restaurant owners to pursue COVID-19 insurance coverage class action claims in Studio 417 v. The Cincinnati Insurance Co. reminds policyholders of the importance of arguing that COVID-19 is a physical substance, and that physical loss and physical damage must be defined separately, say attorneys at Reed Smith.

  • Atty Media Interview Lessons From Trump's Axios Appearance

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    The recently broadcast interview of President Donald Trump with Axios political reporter Jonathan Swan provides a dramatic example of how not to answer media questions and presents four lessons to attorneys preparing for press coverage, says Michelle Calcote King at Reputation Ink.

  • Opinion

    Funder, Short-Seller Use Undermines Securities Class Actions

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    Two factors in the securities class action arena are exacerbating the potential for conflicts of interest — the reliance on activist short-seller reports to initiate securities claims and privileged third-party litigation funding agreements, says Nessim Mezrahi at SAR.

  • Budding Decentralized Finance Industry Comes With Risks

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    The proliferation of decentralized finance allows users to lend, earn interest, borrow, exchange or bet on cryptocurrencies, but the applications face legal obstacles, including regulatory, class action and intellectual property litigation risk, says Ali Abugheida at Buckley.

  • Why Remote Depositions Are Likely Here To Stay

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    As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

  • Accounting For The Effect Of Disclosures On Peer Stock Price

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    A new event study methodology provides a scientific and court-accepted approach to analyzing how company disclosures affect their peers' stock prices, which may prove useful for determining COVID-19's industrywide impacts in securities litigation, say Allan Kleidon and Filipe Lacerda at Cornerstone Research.

  • 7 Keys To Drafting Effective Legal Briefs

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    Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.

  • Weighing The Virtual Courtroom Option In Civil Cases

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    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

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