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Class Action

  • July 16, 2018

    Mitsubishi Settles Another Piece Of Car Parts MDL For $7M

    Two Mitsubishi units are settling out of another piece of a sprawling antitrust multidistrict litigation accusing auto parts manufacturers of a price-fixing conspiracy, with a class of car buyers and drivers moving for preliminary approval Friday of their $6.84 million deal in Michigan federal court.

  • July 16, 2018

    Foreign Banks Want Out Of Canadian Rate-Rigging Suit

    Foreign banks including Deutsche Bank AG, HSBC Bank PLC and the Royal Bank of Canada urged a New York federal court on Friday to dismiss a proposed class action accusing them and their affiliates of conspiring to rig a benchmark interest rate linked to the cost of borrowing Canadian dollars, saying the U.S. lacks jurisdiction.

  • July 13, 2018

    M&A 'Disclosure Settlements' Face Stricter Review In Fla.

    A Florida appeals court on Friday adopted a stricter standard for review of so-called disclosure settlements that was originally crafted by the Delaware Court of Chancery in an attempt to curb litigation abuse through these deals, which have contributed to an explosion in shareholder litigation over mergers and acquisitions.

  • July 13, 2018

    Google Gets Protective Order For Staff In Anti-Male Bias Suit

    A California judge on Friday ordered a former Google engineer who filed a putative class action alleging the tech company discriminates against conservative, white male workers to redact identifying information from court filings about non-party Google employees who the company says are now being threatened online.

  • July 13, 2018

    NAI Can't Get CBS Committee's Privileged Communications

    The controlling shareholder of CBS Corp. will not get access to the privileged communications between company counsel and counsel for the special committee of directors formed in 2016 to consider a merger between CBS and Viacom, after Delaware’s chancellor said Friday that the stakeholder’s interests were not aligned with those of CBS.

  • July 13, 2018

    Insulin Device Maker Settles Shareholder Derivative Suit

    Insulet Corp. shareholders have agreed to take an undisclosed settlement that includes $425,000 for attorneys in exchange for dropping allegations that executives at the insulin pump manufacturer manipulated sales numbers, the investors told a Massachusetts federal judge on Friday.

  • July 13, 2018

    Contractor Can't Duck WARN Suit In Nuke Plant Shutdown

    A South Carolina federal judge Friday rejected a Fluor Corp. attempt to escape a suit alleging that it failed to give workers sufficient Worker Adjustment and Retraining Notification Act notice before a Westinghouse Electric Co. nuclear reactor project shut down last year.

  • July 13, 2018

    Ex-Carchex Employees Granted Cert. In Overtime Suit

    Former employees of auto warranty provider Carchex on Friday won certification for a class of vehicle protection specialists who allege that their employer denied them overtime wages, with a Maryland federal judge finding that questions of Carchex's liability for overtime pay are common to each current and former specialist.

  • July 13, 2018

    Stadiumgoers Granted Cert. In ADA Suit Against 49ers

    A California federal judge certified a class of stadiumgoers in a suit alleging the San Francisco 49ers' stadium does not meet Americans with Disabilities Act accessibility standards.

  • July 13, 2018

    Bard Prevails In 3rd Bellwether Case Over Late Filing

    An Arizona federal judge on Thursday canceled the third bellwether trial of claims that C.R. Bard Inc. sold hazardously defective blood vessel filters and granted Bard summary judgment, saying the statute of limitations had expired on the claims.

  • July 13, 2018

    Qualcomm Says Buyers Have No Say In IPhone Import Row

    Smartphone consumers pursuing antitrust multidistrict litigation over Qualcomm’s patent licensing practices can’t block the chipmaker from trying to force Apple to only import iPhones with Qualcomm chipsets, Qualcomm told a California federal judge Thursday, arguing the import matter is totally unrelated.

  • July 13, 2018

    Mortgage Lender Settles Stock Inflation Row For $2.95M

    Mortgage lender and servicer Walter Investment Management Corp. and three executives agreed to pay $2.95 million Friday to end a proposed class action alleging they concealed liquidity problems that ultimately caused share prices to plunge, according to a filing in Pennsylvania federal court.

  • July 13, 2018

    Calif. Justices To Help 9th Circ. In Delta, United Wage Rows

    The California Supreme Court on Thursday in a trio of suits against United Airlines and Delta Air Lines agreed to clarify how the state's minimum wage law and labor codes apply to certain situations involving pilots and flight attendants mostly working out of state.

  • July 13, 2018

    Fed. Circ. Affirms Toss Of $400M Worker Misclassification Suit

    The Court of Federal Claims rightly dismissed a $400 million proposed class action alleging government-funded broadcast service Voice of America dodged paying benefits and fair wages to thousands of workers by misclassifying them as independent contractors, a Federal Circuit panel said Friday.

  • July 13, 2018

    Cops Sue Ford Over Carbon Monoxide Leaks In SUVs

    Two New York police officers accused Ford Motor Co. on Thursday of selling Explorer vehicles modified for law enforcement use that expose occupants to lethal levels of carbon monoxide, telling a New York federal judge the automotive giant hasn’t done enough to curb the defect.

  • July 13, 2018

    Separated Immigrants Want Feds To Pay For Mental Health

    Three immigrant mothers who were recently separated from their children at the border by federal authorities sued the Trump administration in California federal court Thursday, seeking to represent a putative class of families allegedly in need of mental health services because of the federal government’s actions.

  • July 13, 2018

    Ortho's $19.5M Deal Ending Antitrust MDL Gets Initial OK

    A Pennsylvania federal judge on Thursday greenlighted Ortho-Clinical Diagnostics Inc.'s $19.5 million deal to resolve allegations in multidistrict litigation that the former Johnson & Johnson unit conspired with another company to fix prices on the reagents used in blood tests.

  • July 13, 2018

    Uber Fights Atty Fees Bid In Drivers' Failed Data Breach Suit

    Uber Inc. has told a California federal judge that attorneys’ fees were inappropriate for the counsel representing two former drivers in a failed class action over a 2014 data breach at the company, arguing that the drivers hadn’t succeeded in the case and that the court lacked jurisdiction over it.

  • July 13, 2018

    Firm Wants Mesh MDL Fee Committee To Explain Hour Cuts

    Personal injury firm Kline & Specter PC pressed Thursday for a West Virginia federal court overseeing sprawling pelvic mesh multidistrict litigation to force a plaintiffs’ fee committee to turn over documents showing why it slashed the firm’s claimed common benefit hours.

  • July 13, 2018

    Attys Seek $1.74M From $23M Pizza Chain TCPA Deal

    Class counsel who nabbed a $22.6 million cash and voucher settlement with pizza chain Papa Murphy's over claims it blasted out unsolicited texts in violation of the Telephone Consumer Protection Act urged a Washington federal judge to approve $1.74 million in attorneys' fees, saying the award is fair and reasonable.

Expert Analysis

  • Limitations Of Human Capital Theory In Pay Equity Analyses

    Cliff Haimann

    Plaintiff statistical experts have recently applied the human capital theory when evaluating compensation disparities. But analysts who adhere solely to this approach may be presenting analyses that do not capture the complete story, says Cliff Haimann of DCI Consulting Group.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Effective Securities Class Action Defense Post-Cyan

    Doug Greene

    Because of the U.S. Supreme Court's decision in Cyan earlier this year, key strategic and economic aspects of securities class action defense will take place in the uncharted territory of state court. And decisions defendants make in the first few days of the litigation will have a significant impact on their options for resolution, say Doug Greene and Jessie Gabriel of BakerHostetler.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • The Narrowing Of Damages Claims In Advertising Cases

    Timothy Snail

    Because false advertising cases usually conclude before courts can offer an opinion on damages, it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning v. Kohl's Department Stores, clarifies this issue, which has previously split the California district courts, says Timothy Snail of Charles River Associates.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.