Class Action

  • October 07, 2020

    Amazon Attys Nab Fees For 'Baseless' PersonalWeb IP Suit

    A California federal judge approved Amazon's request for attorney fees following its win in a software developer's failed patent infringement suit over the technology giant's cloud-based storage system, calling the suit "objectively baseless."

  • October 07, 2020

    Judge Won't Exit Air Bag Row Over 'Old Boy Network' Claim

    A federal magistrate judge who used to work for a law firm representing Subaru in a proposed class action over allegedly faulty air bags refused Wednesday to step down from the case, finding that his impartiality could not reasonably be questioned.

  • October 07, 2020

    LA Fined $2.5M For 'Serious Abuse' Of Discovery In PwC Suit

    Los Angeles must pay a $2.5 million fine in a since-dismissed lawsuit alleging PricewaterhouseCoopers LLP caused hundreds of millions in dollars in damages when it implemented a faulty utility billing system, a California state judge ruled Tuesday, finding a "serious abuse of discovery" by the city.

  • October 07, 2020

    Ill. Printer Wants Suit Over Alleged Low-Value Sale Trimmed

    The former trustee for an Illinois printing company's employee stock ownership plan urged a federal judge Tuesday to grant it judgment over accusations that it should have used a different valuation standard before the company was sold to an investment group for $265 million.

  • October 07, 2020

    Derivative Suit Claiming Nutanix Missteps Tossed, For Now

    A California federal judge on Monday decided that shareholders of cloud computing infrastructure company Nutanix Inc. must revise their consolidated derivative allegations that the company's executives hurt investors by mismanaging the company.

  • October 07, 2020

    Facebook, Unpaid OT Class Ask For $1.65M Deal Sign-Off

    A group of current and former Facebook employees asked an Illinois federal judge Tuesday to approve a $1.65 million settlement to resolve claims that the social media giant uniformly misclassified its workers and illegally deprived them of overtime pay to save on labor costs.

  • October 07, 2020

    Corner Store Delivery App Drivers Sue For Ill. Wage Violations

    Illinois-based drivers for on-demand delivery service goPuff have filed a proposed class action in Pennsylvania state court accusing the company of overtime pay violations as well as not compensating drivers for expenses they foot in the course of their jobs.

  • October 07, 2020

    Lyft Tells 1st Circ. Drivers Aren't Exempt From Arbitration

    Lyft has told the First Circuit that Massachusetts drivers suing to gain employee status must privately arbitrate their claims and that they do not qualify as transportation workers engaged in interstate commerce who would otherwise be exempt from arbitration.

  • October 07, 2020

    Calif. Consumers Want 2nd Shot At Lipitor Antitrust Subclass

    Two California women asked a New Jersey court Tuesday to reconsider its ruling that they can't create a subclass of Golden State consumers in antitrust litigation against Pfizer Inc. and Ranbaxy Inc. over the cholesterol drug Lipitor, arguing that the judge's ruling last month was an error.

  • October 07, 2020

    MLB Scores Double Win In Ticket Buyers' COVID-19 Suit

    A California federal judge has handed Major League Baseball and two Bay Area MLB teams victories in a proposed class action by fans who seek refunds nationwide for tickets they bought to games postponed due to the COVID-19 pandemic, ruling ticket buyers already received refunds.

  • October 07, 2020

    Hand Wipes Maker Wants False Ad Suit Scrubbed

    The makers of Wet Ones hand wipes is pushing a California federal court to throw out claims that it deceives consumers by claiming the product kills 99.99% of germs, saying the suit is preempted by federal law.

  • October 07, 2020

    Workers' Attys Get $3M In Fees From $9M JPMorgan Deal

    A New York federal judge on Wednesday signed off on a $3 million payout for lawyers representing a huge class of workers who alleged JPMorgan Chase Bank mismanaged their retirement savings, giving final approval to a $9 million settlement.

  • October 07, 2020

    Citrus Farm Has Safe Harbor From Wage Suit, Judge Finds

    A California federal judge tossed a proposed class action accusing a citrus farm of unlawfully not paying workers for downtime, finding that the farm satisfied the safe harbor provision in a state law that protects employers from wage suits.

  • October 07, 2020

    DOL Says COBRA Notices Can Exclude Certain Contact Info

    Companies can exclude their health plan administrator's contact information from paperwork telling laid-off workers how to keep health insurance if a different entity handles coverage continuation matters, the U.S. Department of Labor said.

  • October 07, 2020

    Principal Global Plan Participants Drop ERISA Suit For Good

    Retirement savers abruptly agreed to end for good their proposed class action accusing Principal Global Investors Trust Co. and related entities of violating the Employee Retirement Income Security Act by using their savings to line its own pockets, while noting that no settlement was reached.

  • October 07, 2020

    Ex-Felons Ask 2nd Circ. To Rethink Hiring Bias Ruling

    Two Black men denied jobs because of prior felony convictions asked the Second Circuit to reconsider its split decision affirming a technology company's win on discriminatory hiring allegations, arguing that the pleading standard applied in the decision ignored the racial discrimination inherent to the U.S. criminal justice system.

  • October 07, 2020

    WWE Investors Seek Class Cert. In Suit Over Saudi Deal

    Investors of World Wrestling Entertainment Inc. urged a New York federal judge Tuesday to certify them as a class in their suit alleging the company misled them about its dissolving relationship with Saudi Arabia, which caused its stock price to plunge.

  • October 07, 2020

    MVP: Hogan Lovells' Michael Kidney

    Michael Kidney of Hogan Lovells' class action practice successfully defended Ford and Hyundai in consumer class actions over alleged tire and brake defects, earning him a spot as a Law360 2020 Class Action MVP.

  • October 07, 2020

    Hedge Fund Settles SEC's NFL Concussion Fraud Suit

    Cambridge Capital Group Advisors LLC has struck a tentative deal with the U.S. Securities and Exchange Commission that would settle allegations the hedge fund engaged in securities fraud by purportedly defrauding former NFL players.

  • October 07, 2020

    Mott's Beats 'Natural' Applesauce False Ad Suit

    A California federal judge has thrown out for good a proposed class action alleging that Dr Pepper Snapple Group Inc. and its subsidiary Mott's LLP falsely advertise their apple juice and applesauce as natural, saying the two "generic" surveys attached to the amended complaint don't save the claims.

  • October 07, 2020

    Goya Wants Early Win In Driver Misclassification Suit

    Goya Foods Inc. urged a New Jersey federal court to toss a proposed wage class action alleging drivers were misclassified as independent contractors, saying Tuesday that the complaint lacks specifics about the alleged wrongdoing that resulted in purportedly improper wage deductions.

  • October 06, 2020

    Mom Who Lost Fraud Suit Against Coach Fights Sanctions Bid

    A mother who unsuccessfully sued a volleyball coach for purportedly concealing accusations of sexual misconduct has urged an Illinois federal court not to sanction her or her attorneys at Edelson PC, denying the coach's contention that the class action was an "illicit scheme."

  • October 06, 2020

    Investor Wants Attys Sanctioned In CBD Co. Securities Suit

    Attorneys for two former executives of a CBD company embroiled in a securities class action deserve sanctions for concealing evidence, stonewalling discovery requests and raising frivolous objections, the lead plaintiff in the case has told a Nevada federal court.

  • October 06, 2020

    Amazon Says Race Can't Factor Into Whole Foods BLM Suit

    Amazon.com Inc. has told a Massachusetts federal judge that she cannot consider the race of a Black employee who alleges she was sent home from Amazon-owned Whole Foods for wearing a Black Lives Matter mask, arguing that the employee did not mention her race in her racial bias complaint. 

  • October 06, 2020

    Former Salesforce Workers' 401(k) ERISA Suit Gets Tossed

    A California federal judge has dismissed a proposed class action alleging Salesforce violated the federal Employee Retirement Income Security Act by breaching its fiduciary duties in managing the firm's retirement portfolio, but allowed the former workers to amend their complaint.

Expert Analysis

  • Economics Can Inform Biz Interruption Insurance Suits

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    Economic analysis can help courts estimate the relevant damages at issue in pandemic-related business interruption insurance litigation, as well as evaluate the appropriateness of policyholders' claims for collective action, says David Colino at Edgeworth Economics.

  • Rebuttal

    Multidistrict Litigation Is Suitable For Virus Insurance Claims

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    Although a recent Law360 guest article claims that a Judicial Panel on Multidistrict Litigation hearing shows why an MDL won’t work for insurance cases concerning COVID-19 business interruption, the article illustrates precisely why consolidation is appropriate and essential, say attorneys at Berger Montague.    

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Using Blockchain To Settle Trades Could Alter Litigation

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    On the heels of Paxos Trust's and the Depository Trust Clearing Corp.’s recent interest in using distributed ledger technology to settle equities trades, analysts at The Brattle Group explore how having a record of every transaction can help answer a thorny damages question in securities class actions.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Opinion

    Courts Are Right To Scrutinize Food Labeling Suits

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    While putative class action filings against the food and beverage industry over often baseless allegations around food labeling persist during the COVID-19 pandemic, it is fortunate that judges are dismissing many of these cases based on a lack of any plausible theory of deception, say attorneys at Perkins Coie.

  • 3 Cases Spotlight Shareholder Interest In Public Co. Diversity

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    Recent derivative claims filed in a California federal court over diversity and inclusion shortcomings at Oracle, Facebook and Qualcomm demonstrate shareholder willingness to hold directors and officers accountable for public companies' failure to deliver on environmental, social and governance commitments, say attorneys at Cleary.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Market Rebound May Curb Securities Class Actions, Damages

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    The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Opinion

    Recent Decisions Helpfully Narrow TCPA Scope

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    A New York federal court's recent Telephone Consumer Protection Act decision in Gerrard v. Acara Solutions adds to a growing line of cases holding that phone calls or text messages related to offers of employment may not be directly subject to the harsher provisions of the TCPA, says Myriah Jaworski at Beckage.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

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