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Class Action

  • July 20, 2018

    Sunrun Investor Suit Booted With Last Chance For Fixes

    The latest iteration of an investor suit claiming Sunrun Inc. fudged customer cancellation numbers to keep its stock afloat fared no better than the first two versions, a federal judge in California found Thursday in a pithy two-page opinion chucking the complaint.

  • July 20, 2018

    Judge OKs $54M Aggrenox Settlement In Pay-For-Delay Suit

    A Connecticut federal judge has signed off on a $54 million settlement between indirect purchasers of stroke prevention medicine Aggrenox and drugmakers Teva Pharmaceutical and Boehringer Ingelheim to end allegations the companies blocked generic alternatives to the drug from coming to the market.

  • July 19, 2018

    Judge Referees NCAA, Athletes In Antitrust Pretrial Match

    A California federal judge on Thursday laid the ground rules for a Sept. 4 bench trial over allegations the NCAA illegally prevents athletes from being paid beyond their scholarships, requiring the parties to cut down over 2,000 exhibits, restricting layman witnesses and setting time limits on arguments.

  • July 19, 2018

    2nd Circ. Bats Down Sanctioned Atty's FDCPA Suit Over $131

    An attorney who reportedly tried to trick Midland Credit Management Inc. into violating the Fair Debt Collection Practices Act and was sanctioned for bringing frivolous litigation over $131 lost his appeal Thursday when the Second Circuit affirmed a lower court decision tossing the suit.

  • July 19, 2018

    Hernandez Team Seeks To Return CTE Case To State Court

    The guardian of the minor daughter of the late New England Patriots tight end Aaron Hernandez asked a Pennsylvania federal court Wednesday to reverse the decision to join her claims to the NFL concussion multidistrict litigation, saying her claims have a different basis than the MDL ones.

  • July 19, 2018

    Chinese Co. Pays $2M To End Installer's Drywall Claims

    A Louisiana federal judge on Wednesday signed off on a deal in multidistrict litigation over allegedly defective drywall products from China that sends $2 million to a group of consumers following the resolution of claims initially bought by a drywall installer against a Chinese manufacturer.

  • July 19, 2018

    No-Show Estonian Forex Dealer Must Pay $11M In CFTC Case

    A Utah federal judge has ordered nearly $10.3 million in restitution and a $681,000 civil penalty against an Estonian foreign exchange trader that has yet to make a showing in the suit accusing it of conducting unregistered trades with U.S. customers, the U.S. Commodity Futures Trading Commission announced Thursday.

  • July 19, 2018

    GM Ch. 11 Judge Undecided On $1B Ignition Switch Deal

    The judge presiding over the bankruptcy case for General Motors LLC’s predecessor said Thursday he’s not yet decided on whether class certification is needed for him to approve a proposed Chapter 11 settlement over legacy ignition switch lawsuits that could possibly cost the carmaker $1 billion in new stock.

  • July 19, 2018

    MFS Must Face ERISA Suit Alleging Self-Serving Investments

    A Massachusetts federal judge on Thursday allowed a former finance employee to pursue claims that MFS Investment Management put nearly every dollar of its workers’ retirement savings into the company’s own mutual funds, passing up nonproprietary alternatives to the participants’ detriment since 2011.

  • July 19, 2018

    Ford, Bosch Say Super-Duty Truck Emissions Suit Baseless

    Ford Motor Co. and auto parts supplier Robert Bosch LLC rebuked a proposed Michigan class action alleging they rigged 500,000 heavy-duty trucks to cheat emissions tests, saying Wednesday the vehicle owners’ unsubstantiated racketeering and fraud claims based on contrived road tests won’t hold up in court.

  • July 19, 2018

    Citizens Bank Didn't Discourage OT Reports, 3rd Circ. Hears

    RBS Citizens Bank NA on Thursday urged the Third Circuit to decertify a collective action over allegedly unpaid overtime for mortgage loan officers, arguing that the differing accounts provided by the employees defeated their claims of an unwritten policy encouraging workers to toil off the clock.

  • July 19, 2018

    Medtronic Strikes $43M Deal To End Stock-Drop Suit

    Medtronic Inc. investors asked a Minnesota federal judge on Wednesday for initial approval of a $43 million settlement they reached with the medical device maker after five years of litigation involving claims it manipulated studies for a bone graft product to drive up share prices.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    Debt Collector Blames Computer Error In Credit Class Action

    A debt collection company said Wednesday that a data-entry glitch that allegedly renewed thousands of debts associated with a Pennsylvania hospital was a “bona fide error” and the customers who claimed it dinged their credit scores weren’t entitled to summary judgment in a class action.

  • July 19, 2018

    Chinese Co. Says It's Immune From Cathode Ray MDL

    Irico Group and a subsidiary on Wednesday asked a California federal court to dismiss them from long-running litigation that claims they participated in a conspiracy to fix prices for cathode ray tubes, saying they should be granted sovereign immunity because they are controlled by the Chinese state.

  • July 19, 2018

    CDK Seeks Arbitration Or Toss Of Dealership Claims In MDL

    Software provider CDK Global LLC asked an Illinois federal court on Wednesday to either compel arbitration or dismiss claims against it by the car dealership class in multidistrict litigation alleging it monopolized access to data in software licensed to car dealerships, saying the dealers don’t have standing as indirect purchasers of applications that utilize the data.

  • July 19, 2018

    Trucking Co. Cannot Force Arbitration, High Court Told

    Truck driver Dominic Oliveira urged the U.S. Supreme Court on Wednesday to reject New Prime Inc.’s bid to have the justices compel arbitration in his class action alleging the trucking company failed to pay independent contractor truck-driver apprentices a proper minimum wage, insisting the Federal Arbitration Act doesn’t apply here.

  • July 19, 2018

    AT&T Gets 401(k) Mismanagement Claims Tossed, For Now

    A California federal judge has tossed a proposed class action alleging that AT&T Inc. wrongly saddled its $34 billion 401(k) plan with excessive costs and fees, finding the current and former employees didn’t demonstrate that they brought their claims in time.

  • July 19, 2018

    $16M Fee Bid In LendingClub Deal 'Unbelievable,' Judge Says

    U.S. District Judge William Alsup on Thursday approved a $125 million deal ending securities class actions against LendingClub Corp., but said he couldn't bless class counsel's "unbelievable" bid for $16 million in attorneys' fees because the request was so vague he "may have to bring in one of those people with the green eyeshade."

  • July 19, 2018

    AT&T Retirees Say Pension Plan Shorted Them On Benefits

    An AT&T Inc. pension plan has been hit with a proposed class action in New York federal court from two former employees who alleged they were wrongfully denied retroactive early retirement benefits they accrued under an amendment to the plan.

Expert Analysis

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • The 1st Judicial Finding That Digital Tokens Are Securities

    Deborah Meshulam

    A Florida magistrate judge's finding last month that tokens issued and sold by technology startup Centra Tech are investment contracts could serve as a road map for the evaluation of token sales in other cases, say attorneys with DLA Piper.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Collective Action Defendants, Don't Count Out Early Opt-Ins

    Juan Enjamio

    Following the Eleventh Circuit's decision in Mickles v. Country Club Inc., defeating conditional certification will not result in automatic dismissal without prejudice of early opt-ins in collective action cases, say Juan Enjamio and Anna Lazarus of Hunton Andrews Kurth LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Lipitor MDL Court Did Its Job Correctly

    Eric Alexander

    Last month, the Fourth Circuit announced that it would not revive the the Lipitor multidistrict litigation. The court's decision was a welcome affirmation that, in excluding the plaintiffs' expert witnesses and weak testimony on causation, the MDL court had done exactly what it was supposed to, says Eric Alexander of Reed Smith LLP.

  • A Torrid Pace Of Securities Suit Filings In Year’s 1st Half

    Kevin LaCroix

    A significant number of the securities class actions filed in the first half of 2018 were merger objection lawsuits, but the number of traditional filings alone was well above historical levels. If this pace continues, 2018 filings would approach last year’s elevated total, says Kevin LaCroix of RT ProExec.

  • Relief For Calif. Employers Facing Wage Statement Claims

    Gilbert Tsai

    In Maldonado v. Epsilon Plastics, a California appeals court recently recognized the inherent unfairness of penalizing California employers twice for a single payroll error, holding that inaccurate wage statements alone do not justify penalties, say Gilbert Tsai & Josue Aparcio of Hanson Bridgett LLP.