Class Action

  • December 13, 2017

    MVP: Hagens Berman's Steve Berman

    Hagens Berman Sobol Shapiro LLP's Steve Berman has had a stellar year, settling multiple class actions against big entities like the NCAA and U.S. Soccer and litigating suits against Stericycle and diabetes drug companies, securing him a place as one of Law360’s 2017 Class Action MVPs.

  • December 12, 2017

    Flextronics ‘Screwed Up’ By Missing Opt-Out, Judge Says

    A California federal judge said Tuesday she doesn’t have a lot of sympathy for Flextronics’ failure to opt out of Maxell, NEC, Panasonic and Toshiba’s $49.85 million settlement with a class of direct purchasers of lithium-ion batteries, saying the electronics manufacturer “screwed up” by missing the opt-out deadline and it’s now scrambling.

  • December 12, 2017

    Ex-RadioShack Employees Seek Class Cert. In Ch. 11 Case

    A pair of former RadioShack employees suing the bankrupt company over mass layoffs from the retail icon's store closings pushed the Delaware bankruptcy court to certify a class Tuesday, a notion opposed by the debtor, which saw its Chapter 11 plan confirmed just weeks ago.

  • December 12, 2017

    Expert Urges Contingency Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees payouts in the uncapped NFL concussion settlement recommended Monday that the Pennsylvania federal court overseeing the settlement should cap contingency fees for individual attorneys at 15 percent and scrap another request to set aside 5 percent of settlement awards to compensate future work in administering the settlement.

  • December 12, 2017

    Liberty Tax CEO Hit With Derivative Suit After Termination

    Shareholders of tax preparation service provider Liberty Tax Inc. hit the company's former CEO with a derivative suit in Delaware on Monday, saying that since his firing over allegations of sexual misconduct in September, he has been trying to maintain control of the company by firing uncooperative directors.

  • 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.

Expert Analysis

  • 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.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Opinion

    Why Contempt For The CFPB Is A Big Business Mistake

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    The Consumer Financial Protection Bureau keeps the marketplace safe for well-behaved companies, by policing cheaters who take away sales, profits and market share from businesses that follow the rules. Why honest companies would revile the protective force that ensures their prosperity is a mystery, says Daniel Karon of Karon LLC.

  • The Broad Reach Of Medicare Act’s Preemption Provision

    Jeffrey Bushofsky

    When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • What To Look For In Cyan V. Beaver County Oral Arguments

    William O'Brien

    On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.