Class Action

  • December 12, 2017

    Audi, Bosch Say Gas-Vehicle Emissions Suit Is Too Vague

    VW, Audi and Bosch urged a California federal court Monday to throw out a proposed class action alleging they conspired to install illegal “defeat devices” in various gasoline-fueled vehicles, saying the drivers bringing the suit are attempting to piggyback off similar cases over diesel-fueled vehicles.

  • December 12, 2017

    Banc Of Calif. Says Board Never Heard Shareholder Claims

    Banc of California Inc. urged a California federal judge on Monday to toss a shareholder suit alleging four of its directors used a scandal tying top executives to an admitted fraudster to wrest control of the bank, saying the shareholder failed to bring his complaints to the bank’s board before filing suit as required by law.

  • December 12, 2017

    Pier 1 Imports' $3.5M 'Flex Shift' Deal Gets Initial OK

    A California federal judge on Monday approved class certification for employees of Pier 1 Imports, simultaneously granting preliminary approval of a $3.5 million settlement that reimburses them for hours they spent working without pay while checking in to find out if they had to work a "flex shift."

  • December 12, 2017

    Retailers Settle Claims Against Teikoku In Lidoderm MDL

    A handful of retailers, including Walgreen Co., Rite Aid Corp., CVS Pharmacy Inc. and Kroger Co., told a California federal court Tuesday that they have settled claims against Japanese pharmaceutical company Teikoku and a domestic subsidiary in antitrust multidistrict litigation over the Lidoderm pain patch.

  • December 12, 2017

    Class Treatment Sought In IRS Row Over Late-Filed Returns

    A California man asked a federal judge on Monday to certify a group of taxpayers in a suit against the IRS, alleging the agency lacks the authority to assess taxes on some late-filed tax returns.

  • December 12, 2017

    AT&T Customers Must Arbitrate Data Usage Suit: 9th Circ.

    The Ninth Circuit on Monday refused to let a proposed class of AT&T wireless customers out of arbitration on their claims the company lied about its unlimited mobile data plan, finding that the Federal Arbitration Act doesn’t violate their constitutional right to have their case heard in court.

  • December 12, 2017

    Calif. Panel 'Mystified' By Class Expert's Nix In Wage Suit

    A California appeals court was “somewhat mystified” by a trial judge's exclusion of expert evidence in support of certifying a class of janitors in a wage and hour suit against ABM Industries Inc., ruling Monday that certification was wrongly denied.

  • December 12, 2017

    Rosen Asks To Lead Tesla Shareholders In Stock-Drop Suit

    The Rosen Law Firm PA made a push Monday to lead Tesla shareholders in a California stock-drop suit alleging the electric car maker failed to disclose it was experiencing production delays on its Model 3 sedan, supposedly resulting in a nearly 4 percent drop in its stock price.

  • December 12, 2017

    H-2B Workers Strike Deal In Wage Row At 4th Circ.

    Two temporary guest workers reached a settlement with their employer in a proposed class action over complex government prevailing wage regulations for the H-2B visa program, according to a letter filed Monday in the Fourth Circuit.

  • December 12, 2017

    3rd Circ. Urged To Revive SEPTA Background Check Suit

    The Third Circuit was urged during oral arguments on Tuesday to revive class claims accusing the Southeastern Pennsylvania Transportation Authority of failing to provide job applicants with a chance to respond to consumer reports detailing criminal histories that the agency said disqualified them from employment.

  • December 12, 2017

    MVP: Taft Stettinius' Robert Bilott

    Taft Stettinius & Hollister LLP's Robert Bilott was the driving force behind litigation over the dumping of a cancer-linked chemical that led to a $670.7 million settlement with DuPont and spinoff Chemours this year, making him one of Law360’s 2017 Class Action MVPs.

  • December 12, 2017

    Madden Games Maker Can't Toss Ex-NFLer's Suit

    A California federal judge on Monday refused to dismiss Electronic Arts Inc. from a retired NFL player's putative class action alleging the game maker improperly used their likenesses in Madden video games, saying a recent Ninth Circuit decision EA based its motion on did not preempt the players’ right of publicity claims under the Copyright Act.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Chancery Tosses NRG Reclassification Suit On MFW Grounds

    A Delaware Chancery judge on Monday threw out a shareholder lawsuit challenging power generating giant NRG Energy Inc.'s stock reclassification of its yieldco, ruling that the standards under the MFW precedent that can protect controlling-party takeovers from stockholder claims were met, and can also extend to reclassification transactions.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Fla. Country Club GC Seeks Sanctions Over Resident's Suit

    The general counsel for a Boca Raton, Florida, country club renewed his sanctions bid Friday against a club property owner for continuing to pursue "frivolous" claims after he again sought to bring a class action accusing the counsel of contributing to mismanagement that allegedly decimated property values and prompted increased fees.

  • December 11, 2017

    Facebook Seeks Quick Win, Users Seek Cert. In Privacy Row

    Facebook asked a California federal judge Friday to grant it a quick win on jurisdictional grounds in a suit brought by users accusing the social media giant of unlawfully storing their facial scans without permission.

  • December 11, 2017

    NFL Hall Can Talk To Ticket Holders In Canceled Game Suit

    An Ohio federal judge refused Monday to restrict the Pro Football Hall of Fame's communications with disgruntled ticket holders suing over the last-minute cancellation of the 2016 NFL Hall of Fame Game, finding the museum's attempts to get the proposed class members to accept refunds were not misleading or malicious.

Expert Analysis

  • When Gov't Enforcement Actions And Class Actions Collide

    Ashley Taylor

    Government enforcement actions and class actions often travel together, with one following the other like day follows night. However, there are measures you can take to help avoid fighting on multiple fronts or, if that’s not possible, to manage and mitigate the risks presented by an enforcement action and parallel class action, say attorneys with Troutman Sanders LLP.

  • Consumer Demand Letter Response Is Key Under Mass. Law

    David Thomas

    The Massachusetts Consumer Protection Act prohibits a business from engaging in unfair or deceptive acts or practices. The law provides a consumer’s counsel significant leverage when litigating and attempting to settle claims — particularly in a class action setting — but also affords a business an opportunity to gain that leverage back and limit exposure to damages, says David Thomas of Greenberg Traurig LLP.

  • Compliance Failures And The Resulting Risks For Directors

    Steven Haas

    The Delaware Chancery Court's recent decision in Kandell v. Niv illustrates one of the many potential pitfalls of compliance failures. Directors serving companies in heavily regulated industries should be diligent in trying to understand the regulatory environment, even though they are not expected to be experts in the law, says Steven Haas of Hunton & Williams LLP.

  • The Derivative Risks Of Sexual Misconduct Allegations

    Kevin LaCroix

    The recent derivative lawsuit against Twenty-First Century Fox and its $90 million settlement — likely among the 10 largest derivative settlements — show that the current, ongoing revelations of sexual misconduct represent more than just a risk for the bad actors, says Kevin LaCroix of RT ProExec.

  • MDL Hearing Signals A New Phase For Opioid Suits

    Adam Fleischer

    On Nov. 30, the U.S. Judicial Panel on Multidistrict Litigation heard argument in over 100 government lawsuits seeking damages from pharmaceutical companies for the opioid epidemic. Whether these cases get consolidated and, if so, in which court, may have far-reaching implications, say Adam Fleischer and Kevin Harris of BatesCarey LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.