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Class Action

  • September 20, 2018

    Tribal Lender Wants Va. Loan Claims Sent To Arbitration

    A lending company owned by the Otoe-Missouria Tribe of Indians has urged the Fourth Circuit to send claims in a proposed class action by Virginia borrowers to arbitration, saying the arbitration provisions in the borrowers’ loan agreements are enforceable and don’t illegally seek to block the application of federal law.

  • September 20, 2018

    Protect Right To Relief In Ford Harassment Suit, Judge Urged

    Counsel for Ford workers alleging they work in a severely hostile environment of sexual harassment urged an Illinois federal judge Thursday to certify their claims as a class, saying it would protect their right to relief that wasn't contemplated in a different deal the automaker entered with federal employment regulators.

  • September 20, 2018

    American Century Fights Expert Testimony In ERISA Suit

    American Century on Thursday asked a Missouri federal judge to strike certain portions of the testimony of an expert witness in an Employee Retirement Income Security Act class action brought by former employees, a move made the same day a bench trial in the case finished up.

  • September 20, 2018

    HP Inks $1.5M Deal In Cartridge Monopoly Suit

    Hewlett Packard Co. will pay a class of printer customers $1.5 million, not including attorneys' fees, to resolve allegations over phony error messages that popped up when users tried to install third-party ink cartridges, under a settlement proposed Tuesday in California federal court.

  • September 20, 2018

    3rd Circ. Won't Revive Securities Fraud Row Against Hertz

    The Third Circuit on Thursday refused to revive a putative securities class action against Hertz Global Holdings Inc. over allegedly false and misleading statements about its financial condition and internal controls, saying the explanation that former company executives engaged in mismanagement is more plausible than shareholders' claims of a systemic fraud.

  • September 20, 2018

    Enterprise Beats Joint Employer Wage Suit For Now

    A Massachusetts federal judge has thrown out a proposed class action alleging that Enterprise Holdings Inc. and its subsidiaries jointly employed assistant branch managers who were misclassified as overtime-exempt.  

  • September 20, 2018

    Eckert Seamans Adds To Philly Mass Tort, Litigation Groups

    Eckert Seamans Cherin & Mellott LLC welcomed to its Philadelphia office this month a pair of new members with experience in mass torts, commercial litigation and bankruptcies.

  • September 20, 2018

    401(k) Savers Fight Dismissal Bid In Principal Global Suit

    A proposed class of 401(k) participants with investments in Principal Global’s target fund date products urged an Iowa federal judge on Wednesday not to toss their Employee Retirement Income Security Act suit against the company, pointing to a recent ruling that allowed certain ERISA claims against M&T Bank.

  • September 20, 2018

    Dallas Hospital Gets Staffing Co. Race Bias Suit Trimmed

    A federal judge in Texas has trimmed a race discrimination lawsuit brought by staffing agency White Glove Staffing Inc. against Methodist Hospitals of Dallas, finding that three of the African-American employees alleging discrimination failed to show they were “similarly situated” to the lead plaintiff.

  • September 20, 2018

    Dun & Bradstreet Hit With Securities Suit Over $6.9B Merger

    Shareholders of Dun & Bradstreet on Wednesday filed a proposed class action in Delaware federal court alleging that a proxy statement filed by the company's board in September is "materially incomplete," making shareholders unable to properly assess the fairness and financial implications of its potential $6.9 billion merger with a buying group led by CC Capital.

  • September 20, 2018

    Objector Atty's Offer To Quit Law In Ill. Awaits Ruling

    An Illinois federal judge said Thursday she will decide in October whether to enter judgment against a Texas attorney accused of running an extortion scheme through objections to class action settlements after he offered to stop practicing law in Illinois to end Edelson PC’s suit, a move Edelson opposes.

  • September 20, 2018

    BHP Billiton To Pay $50M To End Investors' Dam Breach Suit

    BHP Billiton Ltd. and BHP Billiton PLC have agreed to pay $50 million in cash to end a consolidated investor suit in New York alleging the mining giant lied about lax safety standards at a Brazilian processing facility before a massive dam breach, according to documents filed Wednesday.

  • September 19, 2018

    Court Should Decide Class Arbitrability Questions: 11th Circ.

    The Eleventh Circuit ruled Wednesday that class arbitrability should be decided by a court if an arbitration clause is silent on the issue, but sent a dispute over class arbitrability between consumers and prison contractor JPay Inc. to an arbitrator after determining that the terms of service agreement clearly states that was the parties' preference.

  • September 19, 2018

    Pension Fund Fights Ocwen Bid To Tank ERISA Mortgage Row

    A company accused of profiting by pushing homeowners into foreclosure after the housing bubble burst should have to face claims that its alleged actions violated the Employee Retirement Income Security Act, and companies that helped or watched should too, a pension fund told a New York federal judge Wednesday.

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

  • September 19, 2018

    Inovalon Investor Class Certified In Suit Over IPO

    A New York federal court on Tuesday granted certification to a class of Inovalon Holdings Inc. investors that allege the technology company filed a prospectus ahead of its initial public offering that misled investors regarding the company's revenue stream, while also dismissing some claims on the grounds that the shares were not purchased during the offering.

  • September 19, 2018

    Investors Say Co. Faked HQ, Seek Cert. In Stock-Drop Suit

    Investors who accuse Wins Finance Holdings Inc. of lying its way onto a major stock index have asked a California federal court to certify them as a class, saying the investment firm’s misrepresentations over having a New York headquarters cost them dearly.

  • September 19, 2018

    Duke Univ. Workers Say 401(k) Plan Was Revamped After Suit

    Workers suing Duke University gave a North Carolina federal judge a “road map” of their class claims that the school mismanaged their retirement savings and refused to correct an unreasonable record-keeping arrangement until it was sued, telling the judge Tuesday that Duke is reworking the plan for 2019.

  • September 19, 2018

    Player Balks At NCAA's Confidentiality Bid In Wage Suit

    A former Villanova University football player said Wednesday the school and the NCAA are trying to force him to agree to a blanket confidentiality agreement to keep nonpublic documents set to be handed over as part of his lawsuit alleging college players must be paid minimum wage out of the hands of the press. 

  • September 19, 2018

    Progressive Must Face Most Of Drivers' Car Value Claims

    A California federal judge denied most of Progressive Casualty Insurance Co.'s motion to dismiss a driver's putative class action alleging it unfairly undervalued vehicles declared totaled, finding Wednesday that the driver's claims under the Unfair Competition Act are viable.

Expert Analysis

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Examining Class Cert. At 9th Circ. After Sali Ruling

    Dyana Mardon

    In Sali v. Corona Regional Medical Center the Ninth Circuit recently ruled that evidence offered in support of class certification need not be admissible at trial. Attorneys with Foley & Lardner LLP discuss the Sali court’s analysis and holding, how the decision directly conflicts with most other circuits, and its likely impact on class action defendants.

  • Employee Arbitration Agreement Enforcement: What's Ahead?

    John Lewis

    With the U.S. Supreme Court's recent Epic Systems decision and the Sixth Circuit's recent ruling in Gaffers v. Kelly Services, employers have won major battles over the enforcement of arbitration agreements with class waivers. However, skirmishes in this area continue on different issues and in different venues, say John Lewis and Gregory Mersol of BakerHostetler.

  • Plaintiffs May Be Hard-Pressed In New Olive Oil Cases

    Claudia Vetesi_

    This month, two lawsuits were filed in a California federal court against Transnational Foods Inc. and J.M. Smucker Co., alleging that certain products were misleadingly labeled as extra virgin olive oil when test results showed that the products were something else. But the complaints do not provide the test results or identify any applicable standards, say attorneys with Morrison & Foerster LLP.

  • LLC Derivative Claims In The Wake Of Wenske

    Adrienne B. Koch

    Many limited liability companies are formed in Delaware because of the state’s well-developed and business-friendly law in this area. But a recent decision in Wenske v. Blue Bell Creameries highlights the level of care with which an LLC's governing agreement must be drafted in order to maximize these ostensible advantages, says Adrienne B. Koch of Katsky Korins LLP.

  • An Unclear Path For Defending Calif. Wage-And-Hour Claims

    Brandon Takahashi

    The California Supreme Court's recent decision in Troester — holding that Starbucks must pay employees for time spent on off-the-clock tasks — is already affecting state wage and hour class actions. One example is a California federal court's recent decision to partially grant class certification in Ser Lao v. H&M, say Brandon Takahashi and Brian Noh of Hinshaw & Culbertson LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.