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Class Action

  • June 15, 2018

    Fitbit Abuses Arbitration To Skip All Claims, Consumers Say

    Fitbit Inc. abused its own arbitration clause to avoid ever facing claims from consumers about problems with its heart-monitoring watches, the consumers’ attorneys told a California federal judge Friday, saying the company refused to participate in the arbitration it had requested for two years.

  • June 15, 2018

    Verizon Users Vie To Keep ‘Zombie Cookies’ Suit Alive

    Verizon subscribers have urged a California federal court to let them move forward with their proposed class action alleging online marketer Turn Inc. used “zombie cookies” to track their mobile device browsing habits, saying that the company’s technology violated their privacy rights.

  • June 15, 2018

    Drivers' Attys In Axed Uber Data Hack Suit Ask For Fees

    Attorneys for drivers accusing Uber of lying about a 2014 data breach that compromised personal information asked a California federal judge on Friday for $400,000 in fees — even though the court rejected the proposed class action in May.

  • June 15, 2018

    JPML Bundles CBOE Index Manipulation Suits In Chicago

    The Judicial Panel on Multidistrict Litigation on Thursday sent several suits alleging an unlawful manipulation of the Chicago Board Options Exchange's volatility index to Chicago federal court, saying the move will ensure efficiency and consistency while litigating the case’s complex issues.

  • June 15, 2018

    American To Pay $45M To Exit Airline Antitrust MDL

    American Airlines Inc. has agreed to pay $45 million to exit multidistrict litigation accusing the country’s largest commercial airlines of violating the Sherman Act by colluding to limit the number of seats available on domestic flights and jacking up ticket prices, according to a request for preliminary approval of the settlement filed in D.C. federal court Friday.

  • June 15, 2018

    Robins Kaplan, Others Seek $108M In Fees In Auto Parts MDL

    Robins Kaplan LLP, Cotchett Pitre & McCarthy LLP and Susman Godfrey LLP asked Thursday for $108 million in attorneys’ fees from $430 million worth of settlements the firms negotiated for car buyers suing dozens of auto parts makers for fixing prices.

  • June 15, 2018

    Drivers Slam Ford, Bosch Bid To Sink Emissions-Cheating Suit

    Consumers told a Michigan federal judge Friday that they’ve made detailed and specific allegations that Ford Motor Co. and auto parts supplier Robert Bosch LLC schemed to rig 500,000 heavy-duty trucks to cheat emissions tests, and that the companies shouldn’t be allowed to escape a suit seeking to hold them liable for their deceit.

  • June 15, 2018

    Boston Scientific Wins 3rd Pelvic Mesh Verdict In Mass.

    For the third time, a Massachusetts jury has decided that Boston Scientific was not at fault for the side effects of its pelvic mesh products and properly warned one of the thousands of women who have sued manufacturers of the transvaginal slings.

  • June 15, 2018

    Seagate Buyers Must Carve Up Class Cert. Bid, Judge Says

    Seagate customers seeking class certification on claims the hardware maker sold faulty hard drives need to divide their request into subclasses, a California federal judge said Friday, explaining there was too much variability in failure rates of different hard drives to lump all claims into one class.

  • June 15, 2018

    Consumers Rip Car Dealer's Late Bid To Trim TCPA Class

    A class of consumers suing used car dealer Off Lease Only Inc. for allegedly sending unsolicited text messages in violation of the Telephone Consumer Protection Act, urged a Florida federal court Thursday to deny the dealer's requests for clarification of a recent ruling and for redefinition of the class.

  • June 15, 2018

    Corp. Counsel Group Backs Mining Co. In $207M Tax Row

    The Association of Corporate Counsel urged a California federal court to consider communication privileges Thursday, backing Canadian mining company Silver Wheaton Corp. in a class action brought by investors over the company’s alleged scheme to keep $207 million in transfer pricing tax liability secret to boost stock prices.

  • June 15, 2018

    Volleyball Players Blast Coach's Bid To Dodge Sex Abuse Suit

    Volleyball players and their parents who accuse elite coach Rick Butler of hiding past sexual abuse allegations from them blasted what they called his “run-of-the-mill” attempt to escape their proposed class action, saying Thursday he had presented nothing to show their claims are false.

  • June 15, 2018

    NCAA Expert May Get To Rebut Athletes In Pay Cap Case

    A California federal judge Thursday said she may allow the NCAA to put on an expert, after all, to rebut a challenge to an association rule capping compensation for college athletes.

  • June 15, 2018

    Conspiracy For One, Liability For None In Egg Antitrust MDL

    A Pennsylvania federal jury cleared three egg producers in multidistrict litigation alleging they conspired to fix egg prices, finding that only one of the three participated in an antitrust conspiracy and that there was no liability for that participation because it wasn’t an unreasonable restraint of trade.

  • June 15, 2018

    Shareholders Allege PG&E Fraud In Suit Over Calif. Wildfires

    Shareholders hit PG&E Corp. with a proposed class action Thursday accusing the utility of defrauding investors by claiming to comply with California safety regulations despite a state investigation blaming PG&E for a dozen of the wildfires that ravaged the state in 2017.

  • June 15, 2018

    Quicken Slams 'Repeat' TCPA Plaintiff's Suit In Dismissal Bid

    Quicken Loans Inc. on Thursday urged a Florida federal judge to toss a putative class action claiming the mortgage lending company violated the Telephone Consumer Protection Act by sending unsolicited telemarketing calls, arguing that the consumer failed to adequately plead his claims.

  • June 15, 2018

    Aetna Hit With Class Suit Over Wilderness Therapy Coverage

    Aetna Life Insurance Co. has flouted the terms of two of its health plans by denying coverage for mental health and substance abuse treatment at wilderness programs and residential treatment centers, according to a proposed class action filed in Florida federal court Thursday.

  • June 15, 2018

    Law Firms Want Mass. Judge Recused In $75M Fee Fight

    Three law firms accused of misconduct in a $75 million fee fight have asked a Massachusetts federal judge to recuse himself over a potential conflict and “inflammatory” statements he allegedly made during a recent hearing in the ongoing battle following a class action settlement involving State Street Corp. and a pension fund, according to a motion unsealed Friday.

  • June 15, 2018

    Nestle, Hershey Can't Nix Child-Labor Warning Row: Buyers

    A group of consumers asked a Massachusetts federal judge to reject Nestle's and Hershey's bids to dismiss a pair of class actions claiming they deceive customers by not disclosing their products come from West African areas known for using forced child labor, arguing their case is well pled.

  • June 15, 2018

    Pyrex Maker Faces Class Action Over Material Change

    The maker of Pyrex glassware has fleeced customers by switching the glass used in its products to one that is sensitive to changes in temperature and prone to shattering even though the cookware is advertised as durable, a proposed class of consumers claimed Thursday in Illinois federal court.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.

  • Despite Legality, Employee Arbitration Pacts Are No Panacea

    Adam Primm

    While the U.S. Supreme Court's recent opinion in Epic Systems v. Lewis is clearly a business-friendly decision, employers should not rush to include arbitration agreements and class or collective action waivers in their employment contracts. They may be beneficial in certain contexts, but they are not necessarily a fit for everyone, say attorneys with Benesch Friedlander Coplan & Aronoff.

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Clarifying Standing In False Ad Cases At 9th Circ.

    Erik Swanholt

    Recent decisions by and within the Ninth Circuit elucidate the contours of Article III standing when plaintiffs seek injunctive relief in false advertising cases despite already having awareness of the claimed false advertising of the product, offering insights for companies defending against these types of claims, say Erik Swanholt and Kendall Waters of Foley & Lardner LLP.

  • Epic Systems V. Lewis: PAGA's Epic Demise?

    Thea Rogers

    In light of the U.S. Supreme Court's recent decision in Epic Systems v. Lewis, California employees and lawyers are likely to question whether representative actions brought under the state's Private Attorneys General Act are now similarly waivable through arbitration agreements, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • Epic Systems May Point To Fate Of 'Lamps Plus' At High Court

    Ryan Bates

    If the U.S. Supreme Court affirms the Ninth Circuit's decision in Lamps Plus v. Varela, plaintiffs subject to arbitration agreements that are silent on class issues could find a “back door” into class arbitration. This begs the question: Does the high court's recent Epic Systems decision hint as to how it may decide Lamps Plus? asks Ryan Bates of Hunton Andrews Kurth LLP.