Class Action

  • May 21, 2018

    Big Lots Agrees To $38M Settlement In Stock-Drop Case

    Big Lots Inc. has agreed to pay a class of investors $38 million to settle claims that its top brass misled shareholders in 2012 about the discount retailer’s performance and conducted insider trading, according to a settlement filed in Ohio federal court.

  • May 21, 2018

    FDNY EMS Underpromotes Women, Minorities, Suit Says

    The New York City Fire Department unfairly denies officer jobs to nonwhite and female emergency medical services workers through a "highly subjective" promotional process that leaves decisions up to their mostly white and male superiors, an emergency medical services union alleges in a proposed class action filed Monday in New York federal court.

  • May 21, 2018

    Honeywell Says No Contributions Owed In Benefits Row

    Honeywell International Inc. told a Michigan federal judge Friday that a class of 4,700 retirees wrongly argued that collective bargaining agreements required the company to make a minimum level of contributions to health care benefits for life, saying that the court already found that the contracts didn’t vest health care benefits.

  • May 21, 2018

    High Court Won't Look At 3rd Circ. Ruling On Eyedrop Size

    The U.S. Supreme Court on Monday refused to review a Third Circuit ruling that revived a proposed class action accusing Allergan Inc., Pfizer Inc. and other drugmakers of ripping off consumers by selling eyedrops in wasteful dispensers.

  • May 21, 2018

    Investors Battle Mining Co. Over Legal Docs In $207M Suit

    Investors have told a California federal court that a magistrate judge’s decision was “plainly correct” in requiring Silver Wheaton Corp. to produce legal documents it gave to PricewaterhouseCoopers and Deloitte to audit the company’s financial statements in a class action over $207 million in tax liability.

  • May 21, 2018

    Cruise Co. Breaking Deal To Pay $76M For Calls, Class Says

    Attorneys for people suing a Caribbean cruise marketing company over claims it made millions of unsolicited robocalls told an Illinois federal judge the company is violating the terms of their settlement agreement in an attempt to keep from paying its $76 million maximum.

  • May 21, 2018

    Justices Won't Hear Class Action Over Army Base Pollution

    The U.S. Supreme Court declined Monday to revive a proposed $750 million class action that alleges the U.S. Army is liable for injuries and deaths caused by its negligent disposal of toxic chemicals at a Maryland base.

  • May 21, 2018

    Unilever Misleads With Corn Fiber In Ice Cream, Suit Says

    Unilever United States Inc. is misleading consumers by making its low-fat Breyers Delights ice cream with a significant amount of soluble corn fiber rather than dairy products, according to a proposed class action filed in New York federal court Friday.

  • May 21, 2018

    $309M In Deutsche, Barclays, HSBC Euribor Deals OK'd

    A Manhattan federal judge gave a final nod Friday to $309 million in investor settlements with Deutsche Bank AG, Barclays PLC and HSBC Holdings PLC over allegations they manipulated the Euro Interbank Offered Rate, earmarking $68.7 million of the amount for attorneys' fees.

  • May 21, 2018

    High Court Blesses Employers' Use Of Class Waivers

    The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.

  • May 18, 2018

    Spokeo 2 Years Later: As Split Grows, High Court Redo Looms

    In the two years since the U.S. Supreme Court declared that concrete injuries are necessary to establish Article III standing, federal courts around the country have moved to apply the holding to scores of privacy and data breach cases. Here, attorneys look back at how courts have been interpreting the landmark decision and offer predictions at how the deepening divide is likely to play out moving forward.

  • May 18, 2018

    Funeral Home Chain Can’t Bury Deceptive Sales Class Suit

    A Texas-based nationwide funeral home company lost its bid to dismiss a class action alleging deceptive sales practices when a California federal judge held on Friday that although the evidence is slim that its Golden State subsidiary is an alter ego, there’s enough room for limited discovery.

  • May 18, 2018

    UnitedHealth Asks Del. High Court To Nix Investor Books Win

    UnitedHealth Group Inc. asked Delaware's Supreme Court on Thursday to reverse a Chancery Court decision allowing investors to inspect some of the company's documents to investigate Medicare overbilling allegations, saying the lower court didn't consider if there was a credible basis to infer wrongdoing.

  • May 18, 2018

    USC, Workers Battle At The 9th Circ.: A Cheat Sheet

    The University of Southern California and workers who brought a $150 million proposed class action claiming the school mismanaged their retirement savings recently squared off before the Ninth Circuit, crossing swords before a three-judge panel over whether the plan participants' claims should be kicked from federal court into arbitration. Here, Law360 breaks down the oral arguments from the closely watched case.

  • May 18, 2018

    Wells Fargo Investor Sues Over 'Culture Of Lawlessness'

    A Wells Fargo & Co. shareholder has accused CEO Timothy Sloan, Chair Elizabeth Duke and other top brass of having enabled a “culture of lawlessness” at the bank in a derivative suit filed Thursday, the same day that new allegations emerged about a problem in the bank’s wholesale division.

  • May 18, 2018

    Tribes Insist On Being Heard In Noisy Opioid MDL

    Native American tribes appear to have a receptive ear in the Ohio federal judge heading up the king-sized multidistrict litigation over the opioid epidemic, but it remains to be seen whether their unique concerns will be drowned out by other parties clamoring for a cut of what could be a massive potential settlement.

  • May 18, 2018

    Tech Co. Seeks Quick Win In Suit By Ga. Bar Exam Applicants

    A technology company whose software was used in connection with Georgia’s bar exam asked a Georgia federal court on Friday to dismiss a proposed class action brought by bar applicants who were initially told that they failed the July 2015 and February 2016 tests but had actually passed.

  • May 18, 2018

    Foreign Detainees Have Right To Bond Hearings, ACLU Says

    The American Civil Liberties Union on Friday told a Manhattan federal judge that foreigners detained by immigration authorities for six months or more have a constitutional right to bond hearings, arguing that Second Circuit law demands it.

  • May 18, 2018

    Egg Producers And Purchasers At Odds In Price-Fixing Trial

    Egg suppliers urged a Pennsylvania federal judge to grant them a win in multidistrict litigation that accuses them of conspiring to fix egg prices, saying evidence presented during the ongoing trial does not show they were part of a scheme.

  • May 18, 2018

    Tesla Inks $1M OT Deal With Calif. Car Salespeople

    Tesla Inc. reached a $1 million deal Thursday to end a putative class action alleging the electric-car maker failed to pay overtime and provide proper meal and rest breaks to hundreds of California-based owner advisers and sales advisers, according to court filings.

Expert Analysis

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.

  • Calif. Case Brings Guidance On Post-Dispute Arbitration Pacts

    Margaret Maraschino

    A California appellate court's recent decision in Nguyen v. Inter-Coast International Training provides valuable guidance to employers that may wish to introduce post-dispute arbitration agreements while seeking to avoid an unconscionability finding, says Margaret Maraschino​​​​​​​ of Munger Tolles & Olson LLP.