Class Action

  • October 06, 2020

    Robinhood Rips 'Shoot For The Moon' Strategy In Outage Suit

    Trading platform Robinhood sought to end a proposed class action it's facing in California federal court, arguing that users of the platform alleging they were hurt by trading service outages amid volatile market conditions had employed "a 'shoot for the moon' approach" to the litigation.

  • October 06, 2020

    Humira Buyers Ask 7th Circ. To Revive 'Patent Thicket' Case

    Humira buyers have urged the Seventh Circuit to revive their suit claiming AbbVie built an anti-competitive "patent thicket" around its blockbuster immunosuppressant drug Humira to keep cheaper biosimilars from coming to the market, arguing that the drugmaker's multiprong scheme worked.

  • October 06, 2020

    Giant Eagle Illegally Taxed 5-Hour Energy Drinks, Suit Says

    The Pennsylvania-based Giant Eagle grocery and convenience store chain improperly charged state and local sales taxes on 5-Hour Energy drinks at its grocery and convenience stores, according to a proposed class action filed in a county court.

  • October 06, 2020

    Consumers Urge 9th Circ. To Rehear Qualcomm Case

    A class of phone buyers allegedly harmed by Qualcomm's technology licensing practices says a three-judge panel of the Ninth Circuit made "grave errors" when it upended an antitrust win by the Federal Trade Commission and is urging the circuit to revisit the decision.

  • October 06, 2020

    GM Mostly Ducks Oil-Guzzling Engine Claims

    An Oregon federal judge on Tuesday dismissed all but one claim in a suit alleging that General Motors LLC sold trucks with defective engines that used too much oil, saying the driver pushing the suit hasn't shown the court how he was allegedly deceived by the company.

  • October 06, 2020

    JPMorgan Seeks Arbitration In COVID-19 Borrower Suit

    JPMorgan Chase urged an Illinois federal judge Monday to send to arbitration a "meritless" proposed class action that alleges the major bank cheated small businesses out of federal stimulus funds from the Paycheck Protection Program in favor of funding larger businesses.

  • October 06, 2020

    Mylan Says 3rd Circ. Ruling Can't Boost EpiPen Antitrust Suit

    Mylan told a Kansas federal judge on Monday that Sanofi is wrong to argue that a recent Third Circuit order, which also wiped out a $448 million AbbVie penalty over pay-for-delay claims, supports the French drugmaker's allegations that Mylan violated antitrust law to maintain EpiPen's dominance.

  • October 06, 2020

    Court Says It Can't Rule On Alleged Charter TCPA Violations

    A Louisiana federal court said it didn't have the authority to adjudicate any Telephone Consumer Protection Act violations that were committed between the period when Congress permitted robocalls regarding federally backed debts and when the U.S. Supreme Court ruled that exception to be unconstitutional.

  • October 06, 2020

    Grupo Mexico Escapes Suit Over Southern Copper Deals

    Citing jurisdictional issues, a Delaware vice chancellor on Tuesday dismissed Grupo Mexico from a Southern Copper Corp. investor's derivative suit asserting the Mexican mining giant exploited its role as Southern Copper's controller to push through certain unfair transactions for its own benefit.

  • October 06, 2020

    Marriott Wants Out Of Shareholders' Data Breach Suits

    Marriott International Inc. has urged a Maryland federal court to toss a pair of related shareholder suits purportedly brought on behalf of the hotel giant as it defends itself in multidistrict litigation following a massive 2018 customer data breach, arguing that the investors' "illogical" claims lack merit.

  • October 06, 2020

    Food Giant Says BIPA Suit Barred By Ill. Labor Law

    Rich Products Corp. is urging an Illinois federal judge to throw out allegations it violated the state's biometric privacy law, saying the claims are preempted by the state workers' compensation statute despite a recent appellate court ruling that rejected that argument.

  • October 06, 2020

    UnitedHealth Wants Workers' 'Offsetting' ERISA Suit Tossed

    UnitedHealth Group Inc. urged a Minnesota federal court to spike a proposed class action challenging its method of recouping health plan overpayments, arguing that the workers behind the suit didn't lose out on any benefits because of so-called cross-plan offsetting.

  • October 06, 2020

    Fight Heats Up To Lead Carnival Investors' Suit Over Virus

    Two retirement funds are opposing a bid by a solo investor and Stull Stull & Brody to lead options investors in consolidated suits alleging Carnival Corp. hid COVID-19 infections on its ships, calling the proposal an "improper end-run around" the Private Securities Litigation Reform Act.

  • October 06, 2020

    Marriott Warns Chancery Hacker Suit Could Spur Lookalikes

    An attorney for Marriott International Inc. told Delaware's chancellor on Tuesday that a stockholder suit accusing directors of disloyalty for failing to protect the company from hackers risks setting off a wave of unsupported litigation "seeking to extract fees from victims" of cybercrime.

  • October 06, 2020

    Campbell Can't Escape 'No Preservatives' False Ad Suit

    An Illinois federal judge won't let Campbell Soup Co. off the hook for a proposed class action alleging that it falsely labels its soups as being free of preservatives and artificial flavors, finding that a federal law regulating meat and poultry doesn't preempt claims on soups that have neither.

  • October 06, 2020

    Theater Drops COVID-19 Coverage Claims Against SCOR

    A landmark Miami-area theater dropped its virus-related coverage claims against SCOR SE on the same day it filed a response urging a Florida federal judge to reject the insurer's subsidiary's bid to toss the case and demanded a hearing.

  • October 06, 2020

    Beazer Homes Beats Investor Suit Over Post-Crisis Reporting

    Residential construction company Beazer Homes USA Inc. and its board of directors dodged a derivative action over the alleged long-term inflation of the value of Beazer's land holdings, with a Georgia federal judge saying shareholders' allegations were too vague.

  • October 06, 2020

    Walgreens Hit With Biometric Suit Over Face Scan Cameras

    Walgreens has been hit with a proposed class lawsuit in Illinois state court claiming the pharmacy retailer has violated customers' biometric privacy rights by using cameras that scan their facial geometry without first obtaining their informed consent.

  • October 06, 2020

    Storage Tank Co. Can't Nix Destroyed Embryo Suit

    A California federal judge on Monday refused to dismiss claims brought by fertility patients alleging faulty storage tanks made by Chart Industries caused them to lose their genetic material, rejecting the company's argument that their complaints were too wordy.

  • October 06, 2020

    Cheese Workers Get Partial Class Cert. In Wage Row

    Hourly workers at an Ohio Swiss cheese plant gained conditional certification in a class action alleging they were not paid for taking sanitization measures before handling products intended for human consumption, according to an order filed Monday in Ohio federal court.

  • October 06, 2020

    5 Firms Eye Lead In Investors' $4B Airbus Corruption Suit

    Five law firms — including Robbins Geller Rudman & Dowd LLP, Glancy Prongay & Murray LLP and Pomerantz LLP — are seeking lead counsel status in a proposed class action that claims aerospace company Airbus SE misled investors about corruption probes and a $4 billion settlement, leading to several stock drops over four years.

  • October 06, 2020

    MVP: Hagens Berman's Steve W. Berman

    Hagens Berman Sobol Shapiro LLP's Steve Berman helped secure an injunction scrapping a student-athlete pay rule, shepherded a $700 million settlement with Mercedes, and nabbed class treatment for 3 million consumers suing Apple, wins that notched him his fifth consecutive placement as a Law360 Class Action MVP.

  • October 06, 2020

    Consumers Reach $66.7M Deal With Banks Over ATM Fees

    A group of consumers has asked a D.C. federal judge to preliminarily approve a $66.74 million deal with Bank of America and other financial institutions to end claims they fixed prices with credit card issuers to keep ATM fees inflated.

  • October 05, 2020

    USCIS Must Process Special Immigrant Juvenile Petitions

    A Washington federal judge Monday ordered the U.S. Citizenship and Immigration Services to adjudicate, within 180 days, any petitions for protections filed by a group of immigrants under age 21 who have been abused or abandoned by their parents.

  • October 05, 2020

    Drug Distributors Fear 'Super-Spreader' Trial In Opioid MDL

    Major drug distributors on Monday asked a West Virginia federal judge to delay an imminent bellwether trial in multidistrict opioid litigation by warning of a coronavirus "super-spreader" outbreak, while in Ohio a federal judge postponed another bellwether trial in the MDL because of COVID-19 concerns.

Expert Analysis

  • Opinion

    JPML Hearing Shows Why Virus Insurance MDL Won't Work

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    On Thursday, some policyholders asked the Judicial Panel on Multidistrict Litigation for a single judge to oversee hundreds of federally filed COVID-19 business interruption claims, but their arguments for consolidation actually demonstrated that the differences between the cases far outweigh their similarities, says Adam Fleischer at BatesCarey.

  • High Court TCPA Case May Curb Robocall Class Actions

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    The U.S. Supreme Court recently granted certiorari in a Telephone Consumer Protection Act case, Facebook v. Duguid, that has the potential to transform the statutory definition of autodialer and make it much more difficult for plaintiffs to prevail in robocall cases, says David Poell at Sheppard Mullin.

  • What Split On Standing Means For Fla. Consumer Claims

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    Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • Numerosity Analysis Fix Can Improve Class Cert. Decisions

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    Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

  • College Refund Class Actions Face Damages Hurdles

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    Two common methods to calculate damages in consumer class actions — hedonic regression and conjoint analysis — will be difficult for plaintiffs experts to apply in cases seeking tuition refunds after schools moved in-person classes online because of COVID-19, say Jon Tomlin and Hassan Faghani at Ankura Consulting.

  • And Now A Word From The Panel: MDL Distancing

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    In light of the Judicial Panel on Multidistrict Litigation's conducting socially distanced sessions during the COVID-19 pandemic, it is instructive to consider other types of "distancing," including the panel's selection of trial venues, and its stance on personal jurisdiction in MDL proceedings, says Alan Rothman at Sidley.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • 2nd Circ. Slack-Fill Ruling Makes Injunctive Relief Harder

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    With its recent decision in Berni v. Barilla, the Second Circuit threw up new obstacles for consumer class actions seeking prospective injunctive relief, and created a split with the Ninth Circuit that will have repercussions for some time to come, say attorneys at Hunton.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Telehealth Providers Should Beware ADA Litigation

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    Health providers making the transition to remote care should furnish communication aid and necessary accommodation for individuals with disabilities, or else plaintiffs may assert claims under the Americans with Disabilities Act, say Frank Morris and Shira Blank at Epstein Becker.

  • Opinion

    ALI Consumer Contract Restatement Is Biased Advocacy

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    A recent restatement of law from the American Law Institute attempts to create out of whole cloth a separate area of contract law for consumer agreements, and is the latest example of the organization’s shift toward advocating for policy agendas, says Sherman Joyce at the American Tort Reform Association.

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