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Class Action

  • October 17, 2018

    Aceto Execs Hit With Derivative Suit Over Stock Drop

    A shareholder of pharmaceutical manufacturer Aceto Corp. filed a derivative suit in New York federal court Wednesday accusing company executives of misleading investors by failing to disclose an impending financial loss despite guidance in early 2018 predicting the opposite.

  • October 17, 2018

    McDonald's Jointly Employed Calif. Workers, 9th Circ. Told

    A proposed class of McDonald’s workers suing the restaurant’s California franchises over wage-and-hour violations told a Ninth Circuit panel Wednesday that a lower court judge erred by killing their claims against the corporation, arguing that the fast food giant was their joint employer because it exercised control over its franchisees.

  • October 17, 2018

    United Healthcare Sued For 'Arbitrary' Therapy Payment Policy

    A proposed class of American workers who received psychotherapy through their employers’ health care plans sued United Healthcare Insurance Co. and United Behavioral Health in California federal court Tuesday, accusing them of flouting the Employee Retirement Income Security Act by imposing unfair reimbursement limits on psychotherapy services.

  • October 17, 2018

    Musk, Tesla Board Face Chancery Suit Over 'Erratic' Conduct

    Pointing to unchecked, "erratic" behavior by Tesla founder Elon Musk and board failures to head off recent, costly consequences, a company shareholder launched a derivative suit in Delaware’s Chancery Court on Wednesday, seeking damages and governance reforms.

  • October 17, 2018

    Vectrus Wraps Up Wage Class Action With $3.75M Deal

    A Washington federal judge has given final approval to a deal where Vectrus Systems Corp. agreed to pay $3.75 million to settle a class action that had accused a former version of the company of withholding pay and benefits promised to a group of people hired to work in Kuwait.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Panera Assistant Managers Win Cert. In DC Overtime Suit

    A District of Columbia federal judge has granted conditional certification of a nationwide collective and a D.C. collective of Panera Bread assistant managers who sued the chain over claims that it illegally denied them overtime wages, rejecting Panera's arguments against certification as premature.

  • October 17, 2018

    20 Drugmakers Must Face Generic Price-Fixing MDL

    A Pennsylvania federal court has greenlighted the first round of multidistrict litigation accusing more than 20 generic-drug makers of conspiring to fix their prices, excusing only Teligent Inc. from the antitrust litigation.

  • October 17, 2018

    Class Claims Too Late In United Back Pay Row, Union Says

    Only the two United Airlines pilot instructors whose claims were revived in a suit alleging improper back pay disbursement can proceed in the case because the window for representing a class on the allegation has shut, an international pilots' union said Wednesday.

  • October 17, 2018

    Jury Will Likely Decide Legality Of Disney’s Kid Data Scrape

    A California federal judge expressed ambivalence Wednesday about putative class claims that Disney, Viacom and others illegally sold information surreptitiously culled from child video gamers, saying while the data didn’t seem very private, a jury should likely decide whether “a reasonable person would find this offensive.”

  • October 17, 2018

    Bosch Presses Bid To Sink Ford Pickup Truck Emissions Suit

    Auto parts supplier Robert Bosch LLC told a Michigan federal court Tuesday that consumers alleging it helped Ford Motor Co. rig 500,000 heavy-duty trucks to cheat emissions tests cannot try to use a recent California ruling in a Volkswagen case to keep alive their racketeering and fraud claims.

  • October 17, 2018

    NFL Says Hernandez's Family Can't Remand Concussion Case

    Counsel for Aaron Hernandez’s daughter and the NFL traded barbs Tuesday over whether her suit — which alleges the league contributed to the debilitating brain damage that led to her father’s violent death by lying about the dangers of concussions for decades — belongs in Pennsylvania federal court or Massachusetts state court.

  • October 17, 2018

    9th Circ. Asked To Hold ICWA Ruling For High Court Appeal

    Adoptive parents and their children have urged the Ninth Circuit to put a hold on its decision to toss a proposed class action claiming parts of the Indian Child Welfare Act are unconstitutional, saying their planned appeal will detail several ways the circuit court's ruling diverged from U.S. Supreme Court precedent.

  • October 17, 2018

    Lieff Cabraser, Others Want $90M In State Farm Judge Case

    Lieff Cabraser Heimann & Bernstein LLP, Clifford Law Offices PC and several other firms have asked for $90 million in fees and expenses for their work representing a class of State Farm customers who settled claims the insurance giant rigged an Illinois judicial election for $250 million.

  • October 17, 2018

    Left-Out CRT Buyers Blast ‘Paltry’ $6M Fee-Share Proposal

    Carving $6 million from a massive attorneys' fees award isn’t enough to overcome the fundamental failure to represent indirect buyers of cathode ray tubes from three states originally excluded from a $576.8 million bundle of antitrust settlements, buyers from the excluded states told a California federal judge Tuesday.

  • October 17, 2018

    Sultzer Law Adds 2 Class Action Pros From Wolf Haldenstein

    The Sultzer Law Group has nabbed two Wolf Haldenstein Adler Freeman & Herz LLP partners to bolster its New York City offerings with their extensive experience litigating class actions in areas such as product liability, cybersecurity and privacy, antitrust, employment and securities, the firm said Tuesday.

  • October 17, 2018

    Lens Makers Look To Nix Price-Fixing Claims From MDL

    Several major contact lens manufacturers urged a Florida federal judge on Tuesday to slice two types of antitrust claims off sprawling multidistrict litigation accusing them of conspiring to keep prices high, calling the consumers' arguments fatally flawed.

  • October 17, 2018

    Attys From 2 Firms Seek $4.75M In Health Tech Co. Settlement

    Co-lead counsel Robbins Geller Rudman & Dowd LLP and Bernstein Litowitz Berger & Grossmann LLP asked a California federal court on Tuesday to award them $4.75 million in fees after securing a $19 million settlement for a class of investors who alleged that Quality Systems Inc. misled them about projected sales and financial performance.

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    Facebook Users Say Consent Wasn't Informed In Privacy Row

    A proposed class of Facebook users urged the Ninth Circuit on Tuesday to revive their suit alleging the social media giant illegally scraped information about their visits to medical websites, saying their consent to the company’s terms was meaningless because they’d relied on its promise that “privacy is important to us.”

Expert Analysis

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • And Now A Word From The Panel: An MDL Breakup

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation issued a decision separating and remanding an individual plaintiff's claims from an ongoing data breach MDL. Practitioners should note this example of the panel's power to break up an MDL and sever claims that, in its view, do not belong in such a proceeding, says Alan Rothman of Arnold Porter.

  • How US Class Actions Take Off To The 'Great White North'

    Jean-Marc Leclerc

    For relatively little added investment, it is possible for U.S. class action attorneys to partner with a Canadian firm to start a parallel case in Canada. Jean-Marc Leclerc of Sotos LLP compares class actions in Canada and the U.S., discusses cases where a parallel action should be considered, and addresses fee arrangements.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Opinion

    Orexigen Decision At Odds With High Court Jurisprudence

    Douglas Greene

    The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.