Class Action

  • October 08, 2020

    Investors Say Royal Caribbean Exacerbated COVID-19 Spread

    Royal Caribbean Cruises Ltd. joined its rivals on Wednesday as the latest cruise line to be hit with securities claims over its response to the COVID-19 pandemic and stock selloffs it faced earlier this year.

  • October 08, 2020

    CORRECTED: Judge Calls For More Transparency on $75M Door Price-Fix Deal

    Despite reservations, a Virginia federal judge agreed Thursday to give a tentative green light to a pair of settlements worth $75 million that would let doormakers Jeld-Wen and Masonite off the hook over claims they conspired to hike their prices.

  • October 08, 2020

    Coronavirus Litigation: The Week In Review

    Major League Baseball has scored a win in lawsuits seeking refunds for games postponed due to the coronavirus, Pfizer Inc. and Regeneron Pharmaceuticals Inc. face patent infringement claims over their development of COVID-19 vaccines and treatments, and court battles rage on against cruise lines accused of mishandling the pandemic. 

  • October 08, 2020

    Morgan Stanley Fined $60M Over Unsafe Data Practices

    Morgan Stanley agreed to pay a $60 million fine to the U.S. Treasury on Thursday over unsafe information security practices stemming from its failure to scrub computers of customer data prior to disposal, but the bank still faces customers' proposed class actions over the potential exposure of their sensitive data.

  • October 08, 2020

    Costco Dodges Suit Over Roundup Marketing

    A California federal judge has thrown out a suit alleging that Costco Wholesale Corp. violated state law by selling the weedkiller Roundup without disclosing it contained the chemical glyphosate, saying that the complaint doesn't show how Costco was involved in its making or marketing.

  • October 08, 2020

    Check-Cashing Firm Agrees To Pay $1.2M To Settle OT Claims

    A New York City check-cashing chain and its workers on Thursday secured a federal magistrate judge's approval of a $1.2 million deal to settle allegations of employee misclassification and shorted pay.

  • October 08, 2020

    Takeda Asks 2nd Circ. To Flip Actos Rulings

    Pharmaceutical firm Takeda urged the Second Circuit in a Wednesday filing to reverse two lower-court decisions that kept alive allegations claiming it delayed the entry of generic alternatives to the diabetes treatment Actos.

  • October 08, 2020

    Hilton Plan Participants Denied Cert. In ERISA Suit, For Now

    A D.C. federal judge on Wednesday declined to certify a proposed class of current and former Hilton workers who alleged the Hilton Hotels Retirement Plan violated the Employee Retirement Income Security Act by denying them vested benefits but allowed them one more attempt at certification.

  • October 08, 2020

    Judge Changes Mind, Will Recuse From Subaru Air Bag Row

    A federal magistrate judge who refused on Wednesday to step down from a proposed class action involving claims of faulty Subaru air bags changed his mind a day later, saying the appearance he still has ties to a law firm representing the automaker compelled him to exit the case.

  • October 08, 2020

    Takata Gets Some Ch. 11 Air Bag Claims Tossed

    A Delaware judge on Thursday disallowed claims filed against Takata's bankruptcy trust by 13 individuals asserting they were injured as a result of air bags failing to deploy during automobile accidents, saying the manufacturer's parts didn't have a role in the failed deployment.

  • October 08, 2020

    Fee Bid Is 'Unseemly Mudslinging,' ICO Suit Co-Counsel Says

    Part of a co-lead counsel team accused their counterparts of "unseemly mudslinging" in a dispute over distribution of the $8.3 million counsel fee they earned in a settlement of allegations that Swiss blockchain company Tezos Stiftung's 2017 initial coin offering violated federal securities laws.

  • October 08, 2020

    Homebuilder Fights Employees' Class Cert. Bid In ESOP Suit

    A homebuilder asked an Illinois federal judge Wednesday not to certify a class in a suit alleging GreatBanc Trust helped two executives drain assets from the homebuilder's employee stock ownership plan, saying the proposed class definition "sweeps in" participants who may not have held stock at the time of the challenged acts.

  • October 08, 2020

    9th Circ. Gives Bat Buyer Another Swing At Class Claims

    The Ninth Circuit on Thursday gave a bat buyer alleging that Easton Diamond Sports LLC mislabels the weight of its baseball bats another swing at the company, saying the district court was premature in throwing out his class allegations.

  • October 08, 2020

    DuPont Beats ERISA Pension Liability Suit Over Spinoff

    DuPont has defeated a proposed class action accusing it of using a series of corporate transactions to foist pension liability on a spun-off company, with a California federal judge ruling that a group of retirees didn't show how those actions violated the Employee Retirement Income Security Act.

  • October 08, 2020

    Amazon COVID-19 Scans Ignore Workers' Rights, Ill. Suit Says

    A former Amazon employee claims in a proposed class action in Illinois state court that the company is violating biometric privacy rights of workers with COVID-19 safety measures that require workers to scan their facial geometry as part of a wellness check.

  • October 08, 2020

    Allergan Implant Patients Say State Claims Should Proceed

    A group of patients alleging that Allergan Inc.'s breast implants were defective and dangerous are pushing back against a bid to dismiss their complaint, saying their state law claims are parallel to federal law requirements and aren't seeking to impose more restrictions than the U.S. Food and Drug Administration's regulations.

  • October 08, 2020

    Cabot Investor Drops Suit Over Alleged Enviro Control Lies

    A Cabot Oil & Gas investor who accused the company of hiding information about inadequate environmental controls at its Pennsylvania fracking operations, allegedly leading to a drop in stock prices, has ended his suit less than two months after filing.

  • October 08, 2020

    Hagens Berman Says It Doesn't Have To Repay $48M In Fees

    Hagens Berman Sobol Shapiro LLP has said it doesn't have to return about $48 million in attorney fee awards it got from a series of price-fixing settlements because the Ninth Circuit simply vacated and remanded the fees to a lower court, rather than reversing or modifying the award decision.

  • October 08, 2020

    Forklift Driver's Revised $10M Wage Deal Wins Over Judge

    A California federal judge has given a green light to a $10 million deal to end a suit accusing a staffing company of shorting workers on breaks and overtime, saying the forklift driver behind the suit resolved the concerns that led the court to reject a prior version of the settlement in 2019.

  • October 08, 2020

    CVS Accused Of Stiffing Arizona Pharmacists On OT

    CVS Pharmacy Inc. cheated pharmacists out of overtime and other pay by requiring off-the-clock work, according to a proposed wage-and-hour collective and class action filed in Arizona federal court.

  • October 08, 2020

    Harvard Claims Discretion To Go Remote Amid Pandemic

    Harvard University asked a federal judge to toss a suit by students seeking tuition reimbursement since the school switched to remote learning during the COVID-19 pandemic, arguing it had the discretion to switch formats amid an unprecedented crisis.

  • October 08, 2020

    MVP: Latham's Melanie Blunschi

    Melanie Blunschi of Latham & Watkins LLP helped Facebook avert $6 billion in identity theft claims, steered Apple to preliminary victory against a class action regarding device security updates, and laid to rest allegations that "zombie" cookies were lurking on Verizon mobile devices, making her one of Law360's 2020 Class Action MVPs.

  • October 07, 2020

    5th Circ. Told To Allow Stanford Ponzi Victims Into Suit

    The Fifth Circuit was told it should undo a lower court's ruling and allow 147 duped investors to intervene in a lawsuit seeking monetary damages from banks that facilitated R. Allen Stanford's Ponzi scheme because the Official Stanford Investors Committee doesn't have standing to pursue their Texas Securities Act claims.

  • October 07, 2020

    Gilead Accused Of Antitrust Scheme Over HIV Meds

    Gilead Sciences Inc. schemed to monopolize the market for drugs commonly used to treat HIV and forced direct buyers to overpay for the medications as a result, a new proposed class action lawsuit alleges.

  • October 07, 2020

    Apple Fights $87M Atty Fee Bid In $500M IPhone MDL Deal

    Apple urged a California federal judge Tuesday not to approve $88.7 million in fees and costs sought by plaintiffs' attorneys in a $500 million deal to end multidistrict litigation over software updates that allegedly slowed iPhones, saying it would shortchange plaintiffs and should be slashed by at least $7 million.

Expert Analysis

  • 7th Circ. Ruling Should Deter Class Objector Side Deals

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    The Seventh Circuit’s recent opinion requiring class settlement objectors to repay funds they received in exchange for dismissing their appeals in Pearson v. Target should serve to discourage such efforts, and reminds parties to consider motives and actions before negotiating separately with objectors, say attorneys at Cozen O'Connor.

  • 5 Considerations For Enhancing SEC Disclosures Amid Crisis

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    As the U.S. Securities and Exchange Commission champions increased transparency to drive economic recovery, public companies should evaluate what kinds of information to include in their filings, and err on the side of disclosing more, say Sean Dowd at AlixPartners and Eileen Kamerick, who sits on several corporate boards.

  • Attys Shouldn't Overlook Obligations To Potential Clients

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    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

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    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • Safeguards Against Legal Malpractice Liability As Claims Rise

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    History suggests that the COVID-19 crisis will lead to a surge in legal malpractice claims, but proper documentation, regular conflict checks and a few other steps can help minimize exposure, say attorneys at Munger Tolles.

  • What 9th Circ. Qualcomm Licensing Ruling Means For SEPs

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    As a result of the Ninth Circuit's decision Tuesday that Qualcomm's licensing practices for standard-essential patents don't violate antitrust law, future SEP disputes are likely to be rooted in contract and patent law, and innovators are more likely to aggressively seek 5G wireless-related SEP patents, say attorneys at Sterne Kessler.

  • A Guide To Determining Class Claim Time Bars

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    As pandemic-related state orders that toll statutes of limitations add to an already-muddled body of law, defense practitioners can follow a practical methodology to determine whether claims asserted by a member of a failed class are time-barred in a specific jurisdiction, say Marc Shapiro and Shane McCammon at Orrick.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • M&A Freeze-Out Ruling Underscores Minority Investor Rights

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    The New York Commercial Division's recent decision in Van Horne v. Ben-Dov demonstrates the court's increasing willingness to protect minority shareholders by enjoining a freeze-out merger where majority shareholders failed to prove there was a corporate benefit to the transaction, say Stephen Younger and Danielle Quinn at Patterson Belknap.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles

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    Two recent Illinois federal court opinions concerning Illinois’ Biometric Information Privacy Act claims against third-party vendors raise questions about the statute’s jurisdictional reach outside the state and whether disclosing biometric data to a vendor constitutes actual injury, say Karen Borg and Al Fowerbaugh at Porter Wright.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • When Investor Talks Render Biz Judgment Review Unavailable

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    The Delaware Chancery Court’s recent decision in HomeFed amplifies the court's focus on discussions between controller and minority stockholders as the basis to conclude that business judgment review is unavailable, and suggests a trend toward a more restrictive judicial approach, say attorneys at Fried Frank.

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