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

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Data Breach Disclosure Lessons From SEC's $35M Yahoo Fine

    Michael Dicke

    The $35 million fine levied against Altaba, formerly known as Yahoo, marks the first time that the U.S. Securities and Exchange Commission has alleged that a company’s failure to disclose a data breach violated the federal securities laws. This enforcement action may also give breach-related securities class actions new life, say Michael Dicke and Alexis Caloza of Fenwick & West LLP.

  • 'Made In USA' Ruling Reflects New, Looser Calif. Standard

    Richard Fama

    The Ninth Circuit recently concluded that a California lawsuit brought over product labeling was governed by the amended version of the state's "Made in the USA" statute, even though the plaintiff purchased the goods in question before the statute was amended. Manufacturers faced with similar suits should look to this decision for guidance, say Richard Fama and F. Brenden Coller of Cozen O'Connor.

  • Safeguards Against State, Parallel Proceedings Post-Cyan

    Shayne Clinton

    With the U.S. Supreme Court's decision in Cyan v. Beaver County opening up more forums to securities class action plaintiffs, newly public companies or other registered offerors will face possible duplicative actions in state and federal courts. However, companies are not left without any weapons in the arsenal, say Shayne Clinton and Britt Latham of Bass Berry & Sims PLC.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • A Closer Look At Barnes & Noble Data Breach Ruling

    Joshua Jessen

    The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Unanswered Questions After Dynamex, And What Lies Ahead

    Richard Reibstein

    When the California Supreme Court issued its groundbreaking decision in Dynamex v. Superior Court of Los Angeles County on April 30, announcing a new test for independent contractor status under certain California laws, it left open a host of questions that are likely to vex lawyers, businesses and workers, say Richard Reibstein and Nina Huerta of Locke Lord LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.