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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
"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.
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.