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Class Action

  • February 15, 2019

    Public Storage Class Ignoring Limits In $100M Suit, Judge Told

    Counsel for Public Storage delivered closings Friday in a $100 million California bench trial over claims it tricked customers into buying insurance, arguing that customers' attorneys “have done nothing but flout” the judge’s order to stick to the one certified claim that it uniformly misleads customers.

  • February 15, 2019

    TCPA Challengers Can't Go Around Gov't, High Court Told

    The federal government has jumped into a U.S. Supreme Court fight over the proper channel for challenging the Federal Communications Commission's reading of the Telephone Consumer Protection Act, arguing that private litigants aren't allowed to go around the government to launch collateral attacks on the validity of agency orders. 

  • February 15, 2019

    Judge OKs $1.2M Deal Ending Fidelity Workers' Wage Suit

    A California federal judge on Friday granted preliminary approval to a $1.2 million settlement agreement between Fidelity and employees claiming the company owes them overtime pay.

  • February 15, 2019

    Judge Blocks Air Force Discharges For HIV-Positive Airmen

    A Virginia federal judge on Friday blocked the pending discharge of HIV-positive airmen by the U.S. Air Force, ruling that its HIV policies are irrational and do not reflect the availability of modern HIV treatments.

  • February 15, 2019

    Atty, Blogger Fight Back In NFL Concussion Deal Spat

    The attorney accused by Seeger Weiss LLP of working with Roger Stone to peddle “conspiracy theories” about the NFL concussion settlement has doubled down on the legal arguments that elicited those personal attacks, while a blogger criticized in the same Seeger Weiss filing hit back Friday with a cease-and-desist letter.

  • February 15, 2019

    Hilton ERISA Injunction Needs No Oversight Now: DC Circ.

    A Washington, D.C., federal judge correctly stopped supervising Hilton Hotels and Resorts’ compliance with a permanent injunction in an Employee Retirement Income Security Act case, a D.C. Circuit panel held Friday, saying the hotel chain has taken steps to comply with the injunction.

  • February 15, 2019

    AbbVie, Eli Lilly Beat Insurer's RICO Suit in Testosterone MDL

    An Illinois federal judge has entered judgment in favor of AbbVie and other makers of testosterone replacement drugs in a Racketeer Influenced and Corrupt Organizations Act suit brought by an insurer, saying there was no evidence the insurer was misled by the companies.

  • February 15, 2019

    6th Circ. Lets Whirlpool Off Hook For Hoover Retiree Benefits

    Whirlpool is not obligated to provide lifetime health care benefits to a class of former Hoover workers who retired between 1980 and 2007 because language in various collective bargaining agreements did not specify that the benefits would outlive the deals, a split Sixth Circuit panel held Friday, reversing an Ohio federal court’s decision.

  • February 15, 2019

    3M, Others Rip PFAS Suit Seeking To Represent 99% Of US

    3M Co. and a group of companies told an Ohio federal court it should toss a suit filed over the potential threats posed by a group of substances called PFAS brought by a man who allegedly wants to represent a class encompassing 99 percent of the country.

  • February 15, 2019

    Goldman Launches 2nd Appeal Of Class Cert. In 2nd Circ.

    A New York federal judge incorrectly recertified a class of investors who accused Goldman Sachs Group Inc. of lying about its ethical compliance efforts before it lost $1 billion in securities known as collateralized debt obligations, the Wall Street giant argued in its appeal to the Second Circuit on Friday.

  • February 15, 2019

    Audi Drivers' Defective-Transmission Suit Runs Out Of Gas

    A California federal judge on Friday slashed a proposed consumer class action alleging Volkswagen sold certain Audi vehicles with defective direct-shift gearbox transmissions that caused the cars to shake and jerk when drivers accelerated, saying there aren’t enough facts supporting the various claims.

  • February 15, 2019

    Investor Reaffirms Suit Accusing Akorn Execs Of Deceit

    An Akorn Inc. investor told an Illinois federal court the pharmaceutical company's executives should not be able to dodge a suit alleging they lied in public statements for their own benefit, concealed regulatory problems and sunk a major merger deal with their inept behavior.

  • February 15, 2019

    Bristow Hit With Stock-Drop Suit Over SEC Disclosures

    Bristow Group Inc., a Houston-based provider of aviation services for oil companies and search and rescue efforts, was hit with a lawsuit Thursday in Texas federal court alleging its stock price declined due to its failure to disclose deficiencies in its financial reporting procedures.

  • February 15, 2019

    Pokemon Co. Promises No 'Go' In Deal To End Trespass Row

    Niantic Inc., the company behind Pokemon Go, has promised to take steps aimed at dissuading players of the popular augmented reality game from trespassing on private property and causing other nuisances, as part of a proposed settlement outlined in documents filed Thursday in California federal court.

  • February 15, 2019

    Power Co. Asks 1st Circ. To Affirm Fraud Suit Coverage Win

    Electricity Maine asked the First Circuit on Thursday to affirm that Zurich American Insurance must fund its defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court properly found the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • February 15, 2019

    Oracle's Anti-Arbitration Line Is 'Man Bites Dog,' Judge Says

    A Ninth Circuit panel appeared skeptical Friday of Oracle Inc.'s appeal of a decision to send an ex-worker's putative class action over sales commission pay to arbitration, with one judge calling the company's anti-arbitration stance ironic and a "man bites dog" situation.

  • February 15, 2019

    Molson Coors Artificially Inflated Stock Price, Investor Claims

    An Illinois man claims Molson Coors Brewing Co. artificially inflated its stock price by misstating its tax liability by almost $248 million in documents filed during 2017 and 2018, and filed a class action Friday in Colorado federal court.

  • February 15, 2019

    Landowners Seek $900K Fees For Telecom Cable-Line Deal

    A class of landowners poised to recover up to $2 million from Sprint, CenturyLink and other telecoms that allegedly installed cable lines on their properties without permission has requested $900,000 for their attorneys, arguing the award comes out to less than a quarter of the pot after other costs are included.

  • February 15, 2019

    Lamictal Case Won't Be Paused For Class Cert. Appeal

    A New Jersey federal judge on Friday refused to pause a case accusing GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. of delaying the entry of generic alternatives to epilepsy drug Lamictal while the drugmakers try to appeal a class certification ruling to the Third Circuit.

  • February 15, 2019

    Restitution In Kohl's Credit Card Fight Is Up To Jury

    A Pennsylvania federal judge has agreed to allow jurors to decide whether Kohl’s and Capital One NA unjustly profited by charging a class of consumers for a credit monitoring program that allegedly did not include all of the services the retailer advertised.

Expert Analysis

  • How To Fight Back Against The 'Reptile' Strategy

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    A recent survey we conducted suggests that jurors who are most susceptible to the "reptile" strategy — convincing them that the defendant is a threat — can be preemptively identified by gauging their reaction to specific safety concerns, says Christina Marinakis of Litigation Insights.

  • How Workplace Disparities May Arise: An Economic Outline

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    Recent trends suggest that workplace discrimination will continue to be an area of focus for enforcement activities and private litigation. But to comply with stronger pay equity laws and hedge against the risk of litigation, employers must understand how systematic disparities might occur, say members of Analysis Group Inc.

  • Class Cert. Is Next Frontier Of Data Breach Litigation

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    Much has been written about establishing Article III standing in data breach cases, but the obstacles plaintiffs must overcome to win class certification are less explored. So far, one case — Smith v. Triad of Alabama — offers insight into this somewhat uncharted territory, say Nicole Rekant and Stevan Pardo of Pardo Jackson Gainsburg PL.

  • Maker-Taker Fees In A Fragmented Equity Market

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    Competing U.S. equity exchanges attract liquidity by offering rebates to orders that make liquidity, and charging fees to orders that take liquidity, which may distort brokers’ incentives against their fiduciary duty. Such maker-taker fees are likely to attract further scrutiny from regulators and courts, say Ilan Guedj and Zhong Zhang of Bates White LLC.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Inside USERRA's Extensive Requirements For Employers

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    As demonstrated by a recent class action filed against United Airlines in Illinois federal court, litigation involving the Uniformed Services Employment and Reemployment Rights Act is alive and well. Jeffrey Lorek of Orrick Herrington & Sutcliffe LLP examines the comprehensive reasonable accommodation requirements imposed on employers under the law.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • 3 Steps To Get Ahead Of ADA Web Accessibility Issues

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    Recent web accessibility cases — like a class action targeting Beyonce's website — highlight the lack of guidance in the Americans with Disabilities Act. But there are a few ways to make web content more accessible and reduce exposure to ADA claims, says Amihai Miron, co-founder and CEO of User1st.

  • Retailers At Risk From New Glyphosate Liability Theories

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    As Monsanto faces the first bellwether trial in the federal multidistrict litigation over its herbicide glyphosate, consumer groups' pursuit of other companies in the glyphosate supply chain and scientific debate over the chemical's toxicity mean that more lawsuits are likely, say attorneys with Hunton Andrews Kurth LLP.