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Class Action

  • August 16, 2018

    9th Circ. Revives Teachers' Retirement Savings Interest Suit

    The Ninth Circuit ruled Thursday that a district court erred when it dismissed as unripe a proposed class action from teachers claiming that interest was wrongly skimmed from their retirement accounts, holding that the precedential test used by the lower court didn’t apply.

  • August 16, 2018

    USDA Must Face Tribe Member's Contract Suit: Fed. Circ.

    A Federal Circuit panel on Thursday revived a Sioux tribe member’s suit alleging the U.S. Department of Agriculture breached a settlement agreement it reached with Native American farmers over its farm loan program, saying the terms of the settlement don't prevent additional suits from being filed in court.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    NY Construction Cos. Stiffed Workers On Wages, Suit Says

    A group of 10 construction workers filed a collective action in New York federal court Thursday alleging that their employers at a Manhattan construction site, RSK Construction Inc. and Real Innovative Construction LLC, stiffed them on overtime wages and cut their wages without any explanation.

  • August 16, 2018

    Insurer Seeks To Duck Lumber Liquidators' $36M Settlement

    St. Paul Fire and Marine Insurance Co. sued policyholder Lumber Liquidators on Wednesday over coverage for $36 million worth of recently proposed settlements regarding defect claims, including over allegedly formaldehyde-laden wood flooring.

  • August 16, 2018

    UChicago Workers' Attys Seek $1.95M In Fees In ERISA Row

    Attorneys for a class of University of Chicago workers asked an Illinois federal judge on Wednesday to sign off on a request for $1.95 million in attorneys’ fees and grant final approval to a $6.5 million settlement that would lay to rest allegations the university mismanaged workers’ retirement savings.

  • August 16, 2018

    DOT Can't Stop Ex-Engineer From Being Deposed, Judge Says

    A New York federal judge on Thursday said a former government engineer can be deposed by investors in a securities class action claiming Fiat Chrysler lied over its alleged use of emissions-cheating devices in its vehicles, disagreeing with the U.S. Department of Transportation that its regulations could prevent an ex-government employee's testimony.

  • August 16, 2018

    2nd Circ. Judge Has Blunt Take On La Quinta Stock-Drop Case

    The Second Circuit didn’t look keen Thursday to revive claims that La Quinta Holdings Inc. and a private equity backer duped investors by failing to adequately disclose the risk of oil and gas prices crashing, with Judge Gerard E. Lynch saying “any idiot” knows a hotel chain with a heavy presence in Texas is impacted by an energy-sector slump.

  • August 16, 2018

    Facebook Sued Over Allegedly Bogus Advertising Stats

    The owner of a Kansas-based aromatherapy fashion business has filed a proposed class action suit in California federal court against Facebook alleging the social media giant grossly inflates so-called potential-reach demographic figures that dictate advertising rates and guide clients in choosing what markets in which to place their ads.

  • August 16, 2018

    BofA Customers Win Final OK For $1.8M FCRA Settlement

    A class of Bank of America NA customers won final approval Thursday for their $1.8 million Fair Credit Reporting Act settlement over allegedly unauthorized soft credit report inquiries, with a California federal judge saying that though it offered a small $4 payout per class member, the deal was fair.

  • August 16, 2018

    Pa. Suit Says AARP Acted As Unlicensed Insurance Agent

    AARP Inc. has been illegally collecting millions of dollars in commissions on insurance sales and acting as an unlicensed insurance agent in Pennsylvania, according to a proposed class action lawsuit filed in Philadelphia federal court Wednesday.

  • August 16, 2018

    Novo Nordisk Can't Dodge Shareholder Suit In NJ

    A New Jersey federal judge on Thursday refused to toss a putative class action accusing Novo Nordisk of misleading shareholders about its financial sustainability in the U.S. market, ruling that the investors had sufficiently alleged that the Danish insulin maker made materially misleading statements about its rebate program and the pricing pressures facing its drug Tresiba.

  • August 16, 2018

    Ticket Buyers Say They Didn't Know Class Cert. Not Needed

    Consumers accusing Sabre Holdings Corp. of colluding with other airline ticket distribution giants to drive up fares told a New York federal judge on Wednesday that they should not be sanctioned because they didn't know class certification would be unnecessary until the company filed its opposition.

  • August 16, 2018

    Dinged Credit Counts As Harm In Misdated-Debts Suit: Judge

    Damaged credit scores were enough “injury” to take a class action toward trial on allegations that a debt-collection company mistakenly renewed thousands of bills from a Pennsylvania hospital, a federal judge ruled.

  • August 16, 2018

    Battery Makers Seek To Dodge Buyer Claims In Antitrust MDL

    Panasonic Corp. and Sanyo Electric Co. have asked a California federal court to let them out of indirect purchasers' claims in multidistrict litigation over alleged lithium ion battery price-fixing, arguing that the consumers had provided no evidence that they paid unfairly spiked prices for batteries sold by the companies.

  • August 16, 2018

    Geico Seeks To Pause $430M Auto Parts Price-Fixing Deal

    Geico asked a Michigan federal court Tuesday to hold off on granting final approval to $430 million in settlements in a price-fixing case against auto parts makers while the court mulls whether the insurer can opt out of the deal before it’s finalized.

  • August 16, 2018

    NYC Butcher Shop Stiffed Workers On Wages, Suit Says

    A butcher shop in Upper Manhattan failed to pay an employee minimum wage and overtime when he was working an average of 96 hours a week in violation of state and federal labor laws, the worker alleged in a proposed collective action in New York federal court.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    NY, Calif. L'Oreal Keratin Classes Get Partial Cert.

    A federal judge Wednesday granted partial certification to New York and California classes in false advertising litigation against L'Oreal USA Inc. over a shampoo and two related hair products, denying some class claims and a nationwide class because they turned on whether consumers relied on the alleged misrepresentations, which can only be determined individually.

  • August 15, 2018

    Crypto Co. Hit With Default Judgment For Bilking Investors

    A Florida federal judge on Tuesday entered a default judgment against Monkey Capital LLC, which a group of investors say pocketed $1.17 million worth of cryptocurrency investments meant for an initial coin offering and the launch of a private cryptocurrency exchange that never happened.

Expert Analysis

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Gap Between Calif. And Federal Wage And Hour Law Grows

    Kirstin Muller

    In its recent decision in Troester v. Starbucks, the California Supreme Court unanimously rejected application of the federal Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law. The ruling changes the state's employment law landscape in important ways, says Kirstin Muller of Hirschfeld Kraemer LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • Looking For Answers On Call-In Scheduling In Calif.

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    After nearly four years of litigation in California federal court, Samantha Jones v. Abercrombie & Fitch is on the cusp of settlement. But depending on whether it's approved, the issue of call-in time as reporting time for purposes of employee compensation in California may still remain unanswered, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Litigating Wage And Hour Hybrid Actions: Part 2

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    Although Fair Labor Standards Act collective claims and Rule 23 wage and hour class claims often involve overlapping factual circumstances, it's important not to lose sight of the independent hurdles each presents to litigators, and the way they interact in a hybrid suit. In the final part of this article, attorneys with Jones Day share key strategies to consider at different stages of litigation.

  • 9th Circ. Exposes Foreign Issuers To New Liability

    Jared Gerber

    The Ninth Circuit’s decision in Stoyas v. Toshiba has important consequences for determining the extraterritorial scope of the federal securities laws, particularly with respect to unsponsored American depositary receipts and other transactions in which the named foreign entity may not have been involved, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.