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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.