Class Action

  • April 19, 2018

    Logistics Co. Investor Cries Foul On Board's Control Transfer

    An investor in logistics firm Steel Connect Inc. accused its board of directors in a derivative suit filed Wednesday in Delaware of improperly issuing preferred equity to its largest shareholder, giving majority voting control to the shareholder without any compensation to minority investors.

  • April 19, 2018

    Uber Investors Face Uphill Battle In ‘Gloppy’ Fraud Suit

    A California federal judge said Thursday he has “substantial concerns” about keeping intact a putative securities class action alleging Uber and its ex-CEO Travis Kalanick's illicit business tactics cost investors billions, calling the allegations “gloppy” and “shotgun” and noting that not all corporate management can be turned into securities fraud.

  • April 19, 2018

    Uber Ducks Lyft Driver's 2nd Attempt At Spying Class Action

    A Lyft driver accusing Uber Technologies Inc. of illegally tracking drivers bungled his second shot at proving the ride-hailing giant violated wiretapping and privacy laws, a California federal judge said Wednesday in dismissing the bulk of the amended suit, finding he had done little to fix the deficiencies in his original claims.

  • April 19, 2018

    BlackRock, Royal Park Can’t Toll RMBS Suits Against HSBC

    Investors who lost their bid for class certification can’t pause the clock on claims against HSBC Bank USA NA for allegedly botching its trustee responsibilities on hundreds of residential mortgage-backed securities trusts while they appeal, a New York federal judge ruled Thursday.

  • April 19, 2018

    Petland Ducks Claims Of Scheme To Defraud Puppy Buyers

    Petland Inc. has escaped a proposed class action accusing it and others of misrepresenting the health of the puppies it sells, with a Georgia federal court ruling that a customer whose puppy died shortly after purchase had not shown the alleged scheme violated the Racketeer Influenced and Corrupt Organizations Act.

  • April 19, 2018

    Yelp Escapes Privacy Suit Over Recording Sales Calls

    A San Francisco judge has thrown out a proposed class action accusing Yelp Inc. of illegally monitoring and recording conversations between the named plaintiff and Yelp sales representatives, ruling that there’s no evidence the online review company eavesdropped on any calls.

  • April 19, 2018

    Uber Suit Paused Pending 9th Circ. Petition In Hyundai MDL

    A California federal judge on Thursday issued a stay in the settlement proceedings for Uber's "safe rides" suit until the Ninth Circuit makes a decision on an en banc review petition for the multidistrict litigation over Hyundai Motor America Inc. and affiliate Kia Motors Inc.'s alleged misstatements about vehicle fuel efficiency.

  • April 19, 2018

    Feds Must Rethink Detention Procedures For Immigrant Teens

    A federal judge in the District of Columbia entered an order on Wednesday in the case of two young unauthorized immigrants instructing the U.S. government to comply with a statute that requires officials to consider the least restrictive setting for detaining individuals once they turn 18.

  • April 19, 2018

    Bai Fruit Drinks Sued Over 'All-Natural' Labeling

    Drinkmaker Bai Brands LLC was hit with a proposed consumer class action in California federal court Thursday, accusing the company of using misleading labels that falsely advertise its products as containing only natural ingredients even though its fruity beverages are artificially flavored.

  • April 19, 2018

    Abbott Must Give Docs To Alere Investors In Stock-Drop Suit

    Abbott Laboratories must relay four months' worth of merger discussions to a proposed class of Alere Inc. investors suing Alere over a dip in its stock price while the companies were negotiating a $5.3 billion merger in 2016, a federal magistrate judge ruled on Thursday in a Boston courtroom.

  • April 19, 2018

    Pfizer Gets Final Nod On $94M Celebrex Antitrust Settlement

    A Virginia federal judge signed off Wednesday on Pfizer’s $94 million settlement, including nearly $31 million in legal fees, with drug buyers who said the pharmaceutical giant extended its monopoly over the anti-inflammatory Celebrex by illegally blocking generic competition.

  • April 19, 2018

    CBS Directors Must Face Bulk Of Redstone Pay Suit

    The Delaware Chancery Court on Thursday allowed the bulk of claims to proceed in a derivative suit alleging CBS Corp.’s directors wasted corporate assets and unjustly enriched controlling shareholder Sumner Redstone by approving substantial salaries for the incapacitated media mogul.

  • April 19, 2018

    Honeywell Retirees To Ask Justices To Weigh Benefits Row

    A trio of Honeywell International Inc. retirees asked the Sixth Circuit on Wednesday to halt the effect of its ruling that lifted an injunction blocking the company from terminating health care benefits for roughly 50 retirees who worked at a Michigan auto parts plant, saying they plan to mount a U.S. Supreme Court challenge.

  • April 19, 2018

    Boehringer Ducks TCPA Suit Over Faxed Seminar Invites

    Boehringer Ingelheim Pharmaceuticals escaped a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending out faxes about a free dinner meeting on sexual disorders, with a Connecticut federal judge Wednesday finding no breach of the act as the evidence showed no products were advertised at the event.

  • April 19, 2018

    VTech Toy Data Breach Suit Found Lacking Again

    An Illinois federal judge again tossed a consolidated proposed class action against digital learning toys maker VTech Electronics over a breach that compromised the data of 11 million adults and children, holding Wednesday that some claims were beyond repair while leaving room for others to be revamped.

  • April 19, 2018

    US Sued Over 'En Masse' Denials To Iranian Refugees

    A proposed class of U.S. citizens who paid thousands of dollars to sponsor refugee applications for their family members sued the government in California federal court Wednesday, challenging the Trump administration’s “en masse” denial to almost 90 Christians, Mandaeans and other persecuted religious minorities from Iran.

  • April 19, 2018

    Investors Say Live Nation’s Iffy Compliance Made Stock Drop

    The entertainment behemoth created by the $2.5 billion merger of Live Nation and Ticketmaster failed to tell shareholders that it may have violated a consent decree with the U.S. Department of Justice that greenlighted the deal by bullying venues into exclusive contracts, an investor said in a proposed class action filed Wednesday in California federal court.

  • April 19, 2018

    Dr Pepper Sheds ‘Diet’ Drinks Weight Loss Dispute

    A New York federal judge dismissed Wednesday a proposed class action alleging the “diet” label on certain Dr Pepper Snapple Group Inc. drinks falsely indicates to consumers that the beverages will assist with weight loss or management, finding a reasonable consumer is unlikely to be misled by the label.

  • April 19, 2018

    Most Confidential Info Can't Be Retained In Hilton ERISA Row

    A D.C. federal judge will not change her order that certain documents with confidential information must be destroyed or returned at the end of a lawsuit over Hilton Worldwide Inc.'s retirement plan, knocking the phrasing of a proposed class of beneficiaries that asked her to rethink the order. 

  • April 18, 2018

    HD Sale Never Triggered Stock Awards, Del. Justices Told

    One of the country’s largest industrial suppliers told three Delaware Supreme Court justices Wednesday that contract terms leave no room for former employees of a sold business unit to claim unvested equity awards, despite the appearance of an allegedly triggering event.

Expert Analysis

  • Another Dismissal Of TCPA Claims Involving Nonprofits

    Eric Berman

    In Reese v. Anthem, a Louisiana federal court recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act. The decision is worth noting because the court’s analysis provides some useful judicial gloss on the issues of TCPA consent and the distinction between commercial and informational communications, says Eric Berman of Venable LLP.

  • Is Excessive Fee Litigation Headed For Its Dudenhoeffer?

    Mark Bieter

    Recent signs show that the nationwide deluge of class actions challenging fees and services in large corporate 401(k) plans are starting to even out. This is a development warmly welcomed by plan sponsors and the financial industry, as for the past decade there’s generally been one hand winning, and it wasn’t theirs, says Mark Bieter of Groom Law Group.

  • How DC Circ. TCPA Decision Affects Health Care Cos.

    Christina Sarchio

    With its recent decision in ACA International v. Federal Communications Commission, the D.C. Circuit struck a blow to health care industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act from liability under the Telephone Consumer Protection Act, say attorneys with Dechert LLP.

  • There Is A Cognitive Science Behind Big Jury Verdicts

    Dennis.Stolle

    In most trials with large verdicts, the jury award is determined by multiple factors, including the facts of the case, strength of evidence, bias, emotion and jury instructions. However, we should not disregard the effect on jurors of the cognitive limits conceptualizing large numbers, say Dennis Stolle and Amit Patel of ThemeVision LLC, a jury research and litigation consulting firm affiliated with Barnes & Thornburg LLP.

  • The Justices' Divergent Views On Class Action Tolling

    Steven Molo

    China Agritech v. Resh is an important U.S. Supreme Court case that will have significant repercussions for class actions of all kinds. During oral arguments, many of the justices' questions focused on the plaintiff diligence prerequisite for equitable tolling, say Steven Molo and Michelle Parthum of MoloLamken.

  • Why Bristol-Myers Applies To Federal Class Actions

    William Delgado

    The U.S. Supreme Court's Bristol-Myers Squibb ruling, limiting state courts' personal jurisdiction over nonresident defendants, did not speak to whether the Fifth Amendment imposes similar limits on federal courts' personal jurisdiction. But the Fourteenth Amendment generally protects defendants from service of process by foreign jurisdictions, say William Delgado and Amelia Sargent of Willenken Wilson Loh & Delgado LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.