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Class Action

  • November 15, 2018

    Horizon Driver Must Bring Wage Claims In State Court

    An Illinois federal judge on Thursday dismissed claims by one named plaintiff in a proposed class action against Horizon Freight System Inc. alleging it wrongly classified drivers as independent contractors, ruling that a forum-selection clause in his contract means his claims must be brought in state court.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 14, 2018

    Travel Co. Trying To Pay Flyers To Duck Settlement, Atty Says

    A travel booking firm accused of jacking up airfares tried to end-run the settlement process in an antitrust suit by engaging in direct talks with several airline ticket buyers, a lawyer for the passengers who brought the suit has told a New York federal judge.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Ex-NFLer Can't Use Judge To Nix Concussion Award Rejection

    The Pennsylvania federal judge overseeing the NFL concussion settlement rejected an appeal to reverse a decision that overturned an award for a player who had been diagnosed with neurocognitive impairment, saying the objection must be sent to the claims administrator.

  • November 14, 2018

    High Court May Upend TCPA Litigation Landscape

    The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

  • November 14, 2018

    3rd Circ. Won't Revive Stock-Drop Suit Against Ocwen Affiliate

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against an Ocwen Financial Corp. affiliate whose stock tumbled following its parent company's regulatory troubles stemming from the housing crisis in the mid-2000s, ruling in a precedential decision that the suing funds didn't plausibly allege the fraud cost investors billions.

  • November 14, 2018

    United Airlines Investor Says Exec Pay Suit Should Survive

    An investor in United Airlines told a Delaware Chancery Court judge Wednesday that its claims against the company, its directors and former CEO over allegedly excessive compensation given to the executive after he was involved in a bribery scheme should survive because corporate officers shouldn’t be rewarded for bad behavior.

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Disney Investor Faces Uphill 9th Circ. Fight In No-Poach Row

    A Ninth Circuit judge on Wednesday appeared unswayed by a Disney shareholder's bid to revive a derivative shareholder lawsuit claiming board members breached their fiduciary duties by agreeing not to poach other studios’ animators, saying during a hearing that “nothing in the complaint says the board knew about this conspiracy.”

  • November 14, 2018

    Tax-Free Travel Payments Count As Wages, 8th Circ. Says

    The Eighth Circuit ruled Wednesday that tax-exempt payments made by Werner Enterprises Inc. to tens of thousands of truck drivers for anticipated travel costs could be used in calculating their pay rates, upholding the dismissal of a class action alleging the payments were wrongly used to offset minimum wages the drivers were owed.

  • November 14, 2018

    Mike And Ike Slack-Fill Suit Dismissed After Deal Reached

    A Missouri federal judge on Wednesday dismissed a proposed class suit against the maker of Mike and Ike and Hot Tamales candies alleging it underfilled boxes of the sweets, citing a settlement the candymaker reached with the proposed class.

  • November 14, 2018

    Equus Ducks Investor Suit Over Stock Plan Notices

    A suit filed by a proposed class of shareholders claiming not enough information was disclosed about an Equus Total Return Inc. stock incentive plan was tossed in Delaware Chancery Court on Tuesday, with a vice chancellor finding the company satisfied its duty to inform stockholders about the plan.

  • November 14, 2018

    Columbia Workers Lose Class Status Amid Procedural Dispute

    A group of current and former Columbia University workers lost class certification in their Employee Retirement Income Security Act suit against the Ivy League school Tuesday after both parties challenged a New York federal magistrate judge’s ability to certify the roughly 24,000-member class.

  • November 14, 2018

    Car Dealers Seek OK For $9.12M Deal In KYB Antitrust Action

    Japanese auto parts maker KYB Corp. will pay car dealers $9.12 million to settle an antitrust action accusing it of fixing the prices of shock absorbers, according to the dealers’ request for preliminary approval in a Michigan federal court Wednesday.

  • November 14, 2018

    VW, Bosch Say Dealerships' RICO Losses Are Intangible

    Volkswagen AG and Robert Bosch GmbH said Tuesday in California federal court that businesses that invested in building new Volkswagen dealerships or expanding existing dealerships in the midst of the German automaker's 2015 emissions-cheating scandal have overblown their claims of a conspiracy and financial losses from Volkswagen’s reputational hit.

  • November 14, 2018

    Payment Processor Gets Nod For Revised $7.5M TCPA Deal

    Payment processor Total Merchant Services Inc. will shell out $7.5 million to settle a proposed class action accusing it of making over 235,000 telemarketing calls that violated the Telephone Consumer Protection Act, in a deal preliminarily approved by a California federal judge.

  • November 14, 2018

    Immigrants Slap NM Detention Center With $5M Wage Suit

    A putative class of immigrant detainees who claim their wages were stolen by the owner of a privately run detention facility in New Mexico sued the company for over $5 million in Maryland federal court on Wednesday, alleging the facility failed to pay them adequate wages.

  • November 14, 2018

    Consumers Want Nestlé 'No GMO' Label Suit To Go Forward

    A proposed class of consumers has told a California federal court to keep a suit alleging Nestlé USA Inc. uses a misleading "No GMO Ingredients" seal of approval issued by the company itself, saying Nestlé's motion to dismiss brings in arguments and evidence that are inappropriate at such an early stage of litigation.

  • November 14, 2018

    MoneyGram Investor Sues After $125M FTC Fraud Deal

    A MoneyGram International investor lodged a proposed securities class action in Illinois federal court Wednesday accusing the money transfer company of lying about its anti-fraud compliance, leading to overinflated stock prices that sunk after a $125 million settlement with the FTC was revealed.

Expert Analysis

  • Watch For Antitrust Developments North Of The Border

    Mohsen Seddigh

    Next month, the Supreme Court of Canada will hear Godfrey v. Sony Corporation, which could be one of the most important antitrust cases to ever come before the court. The decision on "umbrella purchasers" will determine the viability of some future Canadian antitrust class actions, says Mohsen Seddigh of Sotos LLP.

  • Justices Seem Open To Class Cy Pres Awards, Occasionally

    Irving Scher

    It appeared from the U.S. Supreme Court arguments in Frank v. Gaos that the majority of the court would approve 100 percent cy pres settlements, but under extremely limited circumstances, says Irving Scher of Hausfeld.

  • Olive Oil Class Settlement Is Good News For Defendants

    Sean Commons

    The Ninth Circuit recently affirmed a nationwide, claims-made class action settlement over use of the phrase “Imported from Italy” on bottles of olive oil made with olives from multiple countries. The ruling may herald a shift toward giving class action defendants some level of litigation certainty and finality, says Sean Commons of Sidley Austin LLP.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.

  • Opinion

    Defendants Can't Be Held To Impossible Discovery Standards

    Michelle Hart Yeary

    In a classic case of overreaching, plaintiffs in the Abilify multidistrict litigation recently sought sanctions against the defendant for not preserving emails from more than a decade before the start of the legal action. But their "everything plus the kitchen sink" approach couldn’t mask the lack of merit in any of their arguments, says Michelle Hart Yeary of Dechert LLP.

  • A Comprehensive Guide To Defending PAGA Claims: Part 2

    Excerpt from Lexis Practice Advisor
    Eric Emanuel

    In the final part of this article, attorneys with Quinn Emanuel Urquhart & Sullivan LLP offer employers detailed steps for responding to, litigating, settling and avoiding claims under California’s Private Attorneys General Act.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • A Comprehensive Guide To Defending PAGA Claims: Part 1

    Excerpt from Lexis Practice Advisor
    Eric Emanuel

    Under California’s Private Attorneys General Act, “aggrieved employees” may step into the state’s shoes to recover civil penalties for certain breaches of the state's Labor Code or workplace health and safety violations. Attorneys with Quinn Emanuel Urquhart & Sullivan LLP provide step-by-step guidance for employers defending against such claims.

  • Opinion

    Calif. Prop 65 Proposals Are Bad Policy

    Robert Falk

    The California Office of Environmental Health Hazard Assessment’s current Proposition 65 proposals represent significant change to long-standing regulations and continue the agency’s attack on the scientific principles that were relied on to support the existing requirements, say attorneys with Morrison & Foerster LLP.