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Class Action

  • January 17, 2019

    5M Walmart Workers Win Cert. In Background Check Suit

    Roughly 5 million people who applied for a job at Walmart Inc. can pursue a class action alleging the retail giant added extraneous material to background check notices it issued to applicants and new hires in violation of the Fair Credit Reporting Act, a California federal judge ruled Thursday.

  • January 17, 2019

    Calif. Justices To Hear Tire Center Wage-And-Hour Suits

    The California Supreme Court agreed to consider whether Certified Tire and Service Centers Inc. employees were bilked out of enhanced pay under the company’s system of rewarding them only for certain types of work, according to a brief filing Wednesday.

  • January 17, 2019

    Spouse Deportations Suit Paused Despite ACLU Objections

    A proposed class action against the Trump administration by citizens fighting deportation orders for their immigrant spouses has been stayed until at least early February due to the government shutdown, a Massachusetts federal judge ruled Thursday, despite objections to the delays raised by the American Civil Liberties Union.

  • January 17, 2019

    At Objector's Urging, Judge Rules Against Him In Edelson Suit

    An Illinois federal judge entered judgment against a Texas attorney known for representing objectors to class action settlements on Thursday, granting the attorney’s own motion and ending Edelson PC’s lawsuit accusing him of using the objection process to extort plaintiffs’ attorneys.

  • January 17, 2019

    $9M Protein Shake Settlement Gets Judge's OK

    A class of fitness fans had a $9 million settlement with Premier Nutrition Corp. approved by a Brooklyn federal judge on Thursday, winning up to $34 per class member and $3 million for the lawyers and putting to rest claims that Premier overstated the protein content of its shakes.

  • January 17, 2019

    Autodial Suit Against Cox To Go Forward Sans FCC Guidance

    Cox Communications Inc. has lost its bid to pause a Telephone Consumer Protection Act suit over repeated robocalls while the Federal Communications Commission revamps the definition of an autodialer, as an Arizona federal judge ruled Thursday that a recent Ninth Circuit decision gives it all the guidance he needs.

  • January 17, 2019

    Prison Callers Stuck Proving 'Intent' In Securus Recording Suit

    A class of ex-prisoners and attorneys suing prison telephone company Securus Technologies Inc. for tapping their calls lost their bid to appeal a ruling that “intent” is required to bring their California Invasion of Privacy Act claim, as a federal judge said Wednesday that rehashing the issue would be a waste of resources.

  • January 17, 2019

    Retirees' Deal With PPG Nets $7.7M, Health Benefits For 7 Yrs.

    PPG Industries Inc. will pay a class of retirees $7.65 million and ensure them health benefits through 2025 to settle allegations that the paint and chemical company wrongly cut off promised lifetime health benefits, the retirees told an Ohio federal court Thursday.

  • January 17, 2019

    Pa. Workers Say Janus Means They Can Quit Union Anytime

    Three workers at the Pennsylvania Department of Labor and Industry filed a proposed class action in federal court Thursday against the state and the Pennsylvania Social Services Union, claiming contract provisions and state law barring them from quitting the union until the end of the contract were unconstitutional after the U.S. Supreme Court’s Janus ruling.

  • January 17, 2019

    Insulin Patients Impacted By Drug-Pricing Scheme, Court Told

    A class of diabetes patients alleging the three top insulin manufacturers colluded to drive up medicine prices for the uninsured and underinsured told a New Jersey federal judge Thursday they have standing to file a racketeering claim because they're the only ones in the supply chain injured by the practice.

  • January 17, 2019

    Customers Can't Claim Pet Food Was Toxic, Judge Says

    An Illinois federal judge has cleaved the bulk of claims from a putative class action brought by two buyers of Champion Petfoods USA Inc. products who alleged they were deceived by boasts about the pet food's health benefits despite a study saying it contained heavy metals.

  • January 17, 2019

    Qihoo's $9.3B Take-Private Play Conned Investors, Says Suit

    A former investor in Qihoo 360 Technology Co. told a New York federal judge on Thursday that the Chinese internet security company cheated shareholders who approved a $9.3 billion take-private deal in 2016, unaware that the company secretly planned to relist its shares in China the following year.

  • January 17, 2019

    Biz Groups Back GrubHub In 9th Circ. Gig Economy Row

    The U.S. Chamber of Commerce and others have told the Ninth Circuit that upending a California federal judge's finding that an ex-GrubHub driver was an independent contractor and not an employee would devastate internet and gig-economy businesses that rely on independent contractors.

  • January 17, 2019

    Investor Says Info On InfraREIT-Oncor Merger Is Misleading

    A shareholder in real estate trust InfraREIT filed a proposed class action in Texas federal court Thursday challenging the financial basis for a recommended $1.3 billion acquisition of the company by Oncor Electric Delivery Co. LLC, saying he and fellow investors are being misled.

  • January 17, 2019

    NFL Wants Former Players' Revived Painkiller Suit Dismissed

    The NFL asked a California federal court to once again dismiss a proposed class action by former players alleging the league was negligent in providing them painkillers to get back in the game, saying the players didn't show that any NFL employees were involved in giving them the drugs.

  • January 17, 2019

    Bank OZK Wants $46M Bad-Loan Suit Moved To Arkansas

    A proposed securities class action accusing Bank OZK and two of its executives of hiding $46 million lost in bad real estate loans should be moved to the bank’s home state of Arkansas where a similar case is already underway, the bank told a New York federal court Wednesday.

  • January 17, 2019

    $60M Deal Gets Green Light In SSM Health 'Church Plan' Suit

    A Missouri federal judge granted preliminary approval on Thursday to a $60 million deal to resolve a proposed class action claiming SSM Health Care Corp. misused an Employee Retirement Income Security Act exemption intended for churches and their affiliates.

  • January 17, 2019

    Duke Class Puts $10.7M ERISA Settlement Before Judge

    A class of participants in a Duke University retirement plan asked a North Carolina federal judge to greenlight a $10.65 million settlement resolving Employee Retirement Income Security Act claims against the school, telling the court that the agreement provides significant relief beyond money.

  • January 17, 2019

    Mayer Brown Adds Antitrust Partner From Jenner & Block

    Mayer Brown has added a highly regarded antitrust litigator from Jenner & Block LLP who has worked on several significant lawsuits as a partner in its Chicago office, the firm announced this week.

  • January 16, 2019

    Ex-Morgan Stanley Employee Accuses Co. Of Pregnancy Bias

    A former Morgan Stanley vice president says she was “ruthlessly” fired just weeks after returning from maternity leave, claiming in a U.S. Equal Employment Opportunity Commission charge Wednesday that the incident is illustrative of a larger issue of pregnancy-based discrimination at the Wall Street behemoth.

Expert Analysis

  • How Calif. Privacy Act Could Prompt Private Plaintiff Suits

    Joshua Jessen

    Even absent a private right of action, businesses subject to the California Consumer Privacy Act should still be concerned about the possibility of private lawsuits — including class actions — arising from the law, says Joshua Jessen of Gibson Dunn & Crutcher LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Axis V. Northrop Highlights Premature Exhaustion Risks

    Caroline Meneau

    A California federal court's decision in Axis v. Northrop reminds insureds to consider excess insurers' coverage positions when negotiating coverage with lower-level insurers. Insureds should also be wary of settlements that could be construed as disgorgement of ill-gotten assets, say Caroline Meneau and David Kroeger of Jenner & Block LLP.

  • Trends Suggest Cartel Enforcers Face Headwinds In 2019

    John Terzaken

    Judged purely by enforcement statistics, 2018 was a down year for cartel enforcement. But authorities are training their sights on new sectors, theories and targets, and considering additional ways to further sharpen their enforcement stick and sweeten the leniency pot, say John Terzaken and Elizabeth French of Simpson Thacher & Bartlett LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • A Look Back And Ahead At Background Reports Under FCRA

    Matthew Simpson

    Since 2017, Fair Credit Reporting Act litigation has increased by 4 percent. As this rise continues, Matthew Simpson of Fisher Phillips examines some of the familiar trends these cases follow.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • The Evolving Frontier Of Foreign Securities Litigation

    Joel Rothman

    Several recent developments — including a petition for certiorari filed with the U.S. Supreme Court in Toshiba v. Automotive Industries Pension Trust Fund — highlight why foreign securities litigation is an ever-changing scenario where nothing is definite, say Joel Rothman and Peter Saparoff of Mintz Levin Cohn Ferris Glovsky and Popeo PC.