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Class Action

  • January 14, 2019

    Former Chiefs Player's Ex-Wife Can't Join Head Injuries Suit

    The ex-wife of former NFL player Joe Phillips can’t join a suit against the Kansas City Chiefs that was settled late last year, a Philadelphia federal court ruled Monday, finding the request is both too late and barred by the broader 2015 concussion settlement.

  • January 14, 2019

    7th Circ. Questions Standing In Chicago Home-Share Reg Suit

    Too much "meaningful" time has passed since an advocacy group and several individuals launched their challenge to Chicago's short-term rental regulations for the plaintiffs to clearly prove they still have standing to pursue their case, the Seventh Circuit held Monday.

  • January 14, 2019

    Trump Looks To Kill Racketeering Fraud Suit Against Kids, Co.

    President Donald Trump and three of his adult children asked a New York federal court Monday to toss a proposed class action alleging they orchestrated a criminal scheme to defraud consumers by providing spurious endorsements for a multilevel marketing company.

  • January 14, 2019

    Nissan, Driver Agree To Mediate Defective Sunroof Suit

    Nissan North America Inc. and a consumer in a potential class action accusing the carmaker of selling vehicles with defective sunroofs agreed Monday to mediate the case, just months after a California federal judge denied Nissan's attempt to compel arbitration.

  • January 14, 2019

    Royal Park, Wells Fargo End RMBS Trustee Suit

    A New York federal judge on Monday granted a joint request from Royal Park Investments SA/NV and Wells Fargo Bank NA to dismiss with prejudice the remaining claims in the former’s litigation surrounding alleged failures by the latter as the trustee for two residential mortgage-backed securities trusts.

  • January 14, 2019

    Robitussin Buyer Seeks Cert. In Label Suit Against Pfizer

    A consumer who claims Pfizer Inc. was deceitful about the "maximum strength" of its cough medicine Robitussin has asked an Illinois federal judge to certify a nationwide class of buyers who allegedly paid more for a weaker product.

  • January 14, 2019

    Auto Parts Co. Threatens US Exit Over Price-Fixing: Plaintiffs

    A Taiwanese auto parts company has threatened to pull out of the U.S. market if a proposed class of consumers accusing the company of price-fixing keeps pushing for a default judgment instead of accepting a $500,000 settlement the consumers had already rejected, the plaintiffs told a Wisconsin federal court.

  • January 14, 2019

    Empower Won't Face 401(k) Plan Participant's Kickback Suit

    A participant in a 401(k) plan serviced by Empower Retirement agreed Monday to drop a proposed class action accusing the company of investing plan assets in mutual funds in exchange for kickbacks as part of a "pay-to-play scheme." 

  • January 14, 2019

    J&J Faces Retrial After $151M Hip Implant Loss Reversed

    Johnson & Johnson will face off this week in Texas federal court against five plaintiffs who claimed they received defective hip implants and whose $151 million award in the first trial was tossed over misleading expert witness testimony.

  • January 14, 2019

    Doorstep Delivery FLSA Suit Settled After Decertification

    Doorstep Delivery has been able to settle a driver’s Fair Labor Standards Act suit against the food delivery service claiming that he was misclassified as an independent contractor and not properly paid overtime.

  • January 14, 2019

    Teva Tries To Nix Investors' 'Defective' Price-Hike Suit

    Teva Pharmaceutical Industries Ltd. and its executives doubled down on their efforts to toss securities claims from investors, who say the drugmaker engaged in a price-hike scheme and misled them about its resulting profit growth, arguing in Connecticut federal court Friday they presented no evidence.

  • January 14, 2019

    Pittsburgh Firm Botched Case, Paid For Reviews, Suit Says

    A proposed class action in Pennsylvania state court has accused Kraemer Manes & Associates of botching a Pittsburgh woman’s federal harassment case by missing the statute of limitations while also inflating its reputation through soliciting five-star reviews from non-clients.

  • January 14, 2019

    Ill. Landowners Ask Justices To Revive Suit Against Tax Hikes

    A class of Illinois property owners has asked the U.S. Supreme Court to overturn a Seventh Circuit decision barring a suit that alleges an Illinois county disproportionately raised taxes on industrial and commercial properties in a township.

  • January 14, 2019

    Ill. Residents Ask For Class Cert. In Oil Spill Row

    Two Illinois residents have asked a federal judge to certify a class of about 4,400 households located near the site of a 4,200-gallon crude oil spill from a pipeline built by Plains All American Pipeline LP, asserting that a common event linked the similar claims.

  • January 14, 2019

    Feds Ask 9th Circ. To Delay Flores Appeal During Shutdown

    The Trump administration asked the Ninth Circuit to postpone its appeal of a federal judge’s refusal to loosen standards of care for children detained in immigration custody, saying that regulatory processes that have been halted due to the partial government shutdown might affect the case.

  • January 14, 2019

    Cboe Investors Denied Names In VIX Manipulation MDL

    Chicago Board Options Exchange investors will have to weather Cboe Global Markets Inc.'s dismissal bid before trying to get the names of traders who allegedly manipulated the exchange's volatility index, or VIX, after an Illinois federal judge on Friday refused to grant an early discovery peek in the multidistrict litigation.

  • January 14, 2019

    Med Tech Co.'s Jurisdiction Appeal Is Improper, Judge Says

    A Philadelphia County judge has told a Pennsylvania appeals court to shut down a medical device distributor appeal of his jurisdiction decision in a mass tort program over allegedly defective vein filters, saying the appeal is precluded by state law.

  • January 14, 2019

    Rail Gear Workers Say No Market Needed For No-Poach Suits

    Former Knorr-Bremse AG and Wabtec Corp. employees blasted the rail equipment suppliers Friday in Pennsylvania federal court for trying to duck consolidated cases in multidistrict litigation over deals not to poach each other's workers, arguing no market need be identified to challenge agreements that were illegal on their face.

  • January 14, 2019

    Calif. Denny's Workers Ask To Send Wage Suit To State Court

    A proposed class of Denny's employees asked a California federal court on Friday to send its wage suit back to state court, arguing that the restaurant company was unable to prove the amount in controversy will likely exceed $5 million, as required by U.S. law.

  • January 14, 2019

    Fitbit Mid-Case Appeal Rejected In Chancery Class Suit

    A Delaware vice chancellor on Monday rejected a Fitbit Inc. bid for state Supreme Court review of a decision that kept alive a $386 million stockholder insider trading and fiduciary breach lawsuit, saying there were reasons to go forward but none to justify early appeal.

Expert Analysis

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • 5 Food Labeling Litigation Trends To Watch In 2019

    Trent Taylor

    As 2019 shapes up to be another eventful year for food labeling litigation, companies should keep a close eye on several developments, including the evolution of "natural" claims and the re-emergence of the reasonable consumer standard, say attorneys with McGuireWoods LLP.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • Clinical Trials: 2018 Litigation And Guidance Roundup

    Sheryl Bjork

    Last year saw significant litigation over clinical trials, as well as new proposed guidance from the U.S. Food and Drug Administration about how such trials ought to be performed — guidance that could become important in future litigation, say Sheryl Bjork and William Childs of Bowman and Brooke LLP.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • 3 Elements Key To Success Of Recent Overtime Claims

    Andrew Melzer

    Strauch v. Computer Sciences — a recent wage-and-hour class action in a Connecticut federal court — is an example of a successful challenge to an employer’s classification policies, involving good facts and a judge and jury willing to embrace a deeper analysis, says Andrew Melzer of Sanford Heisler Sharp LLP.

  • Manufacturers Face The Rise Of Global Class Actions

    Christopher Young

    The list of countries that have enacted some form of collective litigation grows longer each year. Plaintiffs attorneys are sharing information and coordinating product liability claims, and the “global class action,” in which claims are raised in different fora and discovery shared globally, is on the rise, say attorneys with DLA Piper.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • Opinion

    Securities Cases Plaintiffs Attorneys Must Watch In 2019

    S. Douglas Bunch

    Three key securities cases this year could make it more difficult for investors to rely on the accuracy of corporate representations and hold defendants accountable for deliberately misleading the public, say Douglas Bunch and Alice Buttrick​​​​​​​ of Cohen Milstein Sellers & Toll PLLC.

  • 3 Key Food And Beverage Trends To Watch In 2019

    Angela Spivey

    As we ring in the new year, attorneys with Alston & Bird LLP discuss what to expect from slack-fill litigation, partially hydrogenated oil-related lawsuits, and the messy regulatory landscape of cannabidiol and THC edibles.