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Class Action

  • September 18, 2018

    9th Circ. Says DOL Owed Deference On Tip Credit Guidance

    The Ninth Circuit gave a green light Tuesday to servers and bartenders suing restaurants including IHOP and P.F. Chang’s for allegedly underpaying them, ruling en banc that courts should defer to Obama-era tip credit guidance from the U.S. Department of Labor and ending a split with the Eighth Circuit.

  • September 18, 2018

    Auto Dealers Seek To Approve $115M Price-Fixing Settlement

    A group of auto dealers asked a Michigan federal court Tuesday to approve a $115 million third-round settlement with 23 different auto parts makers, in a suit alleging they conspired to fix prices on auto parts.

  • September 18, 2018

    American To Settle Trip Insurance Row As Rivals Face Claims

    American Airlines Inc. has reached an agreement in principal for a class settlement in a suit over its relationship with a third-party travel insurance agency, and JetBlue Airways Corp. and Delta Air Lines Inc. now also face similar suits, according to federal court records.

  • September 18, 2018

    Facebook Must Answer For Privacy Practices, Investors Say

    Investors urged a California federal judge on Monday to deny Facebook Inc.'s attempts to toss the suit filed against the social network's board of directors after the Cambridge Analytica data privacy scandal, arguing that the “barrage” of motions ignore and twist their allegations.

  • September 18, 2018

    Labaton, Levi Vie For Lead Role In Prothena Stock-Drop Row

    Labaton Sucharow LLP and Levi & Korsinsky LLP threw their hats in the ring to be co-lead counsel in a proposed securities class action alleging Prothena cherry-picked drug trial results and lost investors more than $2 million, according to a Monday filing in New York federal court.

  • September 18, 2018

    Dunkin' Donuts Escapes Angus Steak Deception Suit

    A New York federal judge Monday dismissed a putative class action by Dunkin’ Donuts customers alleging that the chain’s Angus steaks are misleadingly advertised because they are ground meat rather than a single cut of meat, finding that television advertisements make that fact clear.

  • September 18, 2018

    Utilities Float $11M Antitrust Deal With Chemical Supplier

    A class of public utilities has urged a New Jersey federal judge to approve a $10.7 million settlement with a company accused of rigging bids on a water treatment chemical, arguing the company’s bankruptcy could threaten their ability to recoup losses.

  • September 18, 2018

    Pa. AG Backs New Abuse Reporting Bill After Church Probe

    Following last month's sweeping grand jury report into sexual abuse by Catholic clergy in Pennsylvania, state Attorney General Josh Shapiro on Tuesday supported legislation to strengthen the rules imposed on religious leaders, school employees and other individuals for reporting suspected child abuse, and the penalties for violating them.

  • September 18, 2018

    7th Circ. Has Chance To Cut Off 'Mootness Fee' Merger Cases

    Against a backdrop of near-constant shareholder litigation challenging mergers, the Seventh Circuit is the first federal circuit that’s been asked to stop a burgeoning litigation strategy among plaintiffs attorneys that some view as extortion of the merging companies and their shareholders.

  • September 18, 2018

    Allscripts Wants Suit Over Ransomware Attack Tossed

    Electronic health record software giant Allscripts Healthcare Solutions Inc. has asked an Illinois federal judge to toss a proposed class action over a ransomware attack that allegedly put its health care clients and their patients at risk, saying the lawsuit lobs faulty claims at the wrong entity in the wrong forum.

  • September 18, 2018

    Mass. Utility Hit With $50M Suit After Deadly Gas Explosions

    Antiquated infrastructure and a lack of leak prevention and safety practices led to last week’s gas explosions in three communities north of Boston, killing one person and displacing thousands, according to a $50 million proposed class action filed Tuesday in Massachusetts state court seeking to hold the utility company responsible.

  • September 18, 2018

    UBS Investors Denied Cert. In Mutual Funds Dispute

    A New York federal judge on Monday declined to certify a class of investors alleging UBS and its subsidiaries violated agreements to analyze the suitability of their investments in closed‐end mutual funds, saying the appropriateness of certain investments will vary by individual.

  • September 18, 2018

    Investor Sues Energy Transfer Over Proposed $27B Merger

    An investor in Energy Transfer Partners LP filed a proposed class action in Texas federal court on Monday that aims to block a unitholder vote on the potential $27 billion acquisition of the gas and propane company by a subsidiary of its sister partnership.

  • September 18, 2018

    Thalhimer Execs Say Stock Plan Suit Just Misguided Rage

    Morton G. Thalhimer Inc. executives have urged a Virginia federal judge to toss a former colleague’s suit alleging they used the commercial real estate firm’s employee stock plan to enrich themselves, saying the suit doesn’t hold up despite its “unabashed rage.”

  • September 18, 2018

    Banc Of Calif. Investor Suit Mired In Director Deposition Row

    Banc of California is taking fire from two sides as it seeks to rein in the possibility of seven-hour depositions for four of its directors, with both a class of investors and the bank's former CEO arguing that it has no justification for limiting access to its directors in the class action over its ties to a notorious white collar fraudster.

  • September 18, 2018

    Investor Wants Pomerantz, Holzer To Lead Stock-Drop Suit

    An investor claiming National Beverage Corp. misrepresented its financial situation and ethics, causing its stock price to tumble when a U.S. Securities and Exchange Commission investigation and harassment allegations against its top executive came to light, has asked a Florida federal court to appoint Pomerantz LLP and Holzer & Holzer LLC as co-lead counsel.

  • September 18, 2018

    Visa, Mastercard, Banks Ink New Deal In Swipe Fee Row

    Visa, Mastercard and several major banks will shell out up to another $900 million on top of $5.3 billion already paid to resolve a major chunk of an antitrust multidistrict litigation over card-swiping fees, in a New York federal court class action settlement with merchants announced on Tuesday.

  • September 18, 2018

    Banks Want Out Of Mexican Bond Price-Fixing Case

    A crop of major banks and affiliated entities have asked a New York federal court to toss a consolidated case alleging that they conspired to fix the prices of Mexican government bonds, saying the pension funds that brought the suit haven't adequately claimed that the financial institutions had a "conspiratorial agreement."

  • September 18, 2018

    Drivers Say BMW, Bosch Can't Halt Emissions-Cheating Suit

    Car buyers have told a New Jersey federal judge that BMW of North America LLC and auto parts manufacturer Robert Bosch LLC can't duck allegations that they installed software to cheat emissions testing in diesel model vehicles, saying courts considering similar claims against the likes of Volkswagen AG have held that the conduct is fraud.

  • September 18, 2018

    NYC Hotel Operators Hit With ADA Class Suits Over Websites

    Two New York City hotel operators got slapped Monday with proposed class actions in federal court accusing them of violating the Americans with Disabilities Act and state law by failing to ensure that their websites’ online reservation systems offer full accessibility to the disabled and describe how rooms meet their needs.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • UK Corporations Face Growing Risk Of Class Actions

    Gregg Rowan

    Recent years have seen an increased focus on class action litigation in U.K. courts, with a rise in high-profile and high-value claims being brought against corporate defendants. Furthermore, various factors suggest that the trend is likely to continue, say attorneys at Herbert Smith Freehills LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • The Curious Case Of Ripple's Removal

    Douglas Pepe

    Coffey v. Ripple Labs is a much-anticipated cryptocurrency case that squarely presents the question of whether Ripple is a “security” within the meaning of the securities laws. A recent decision in the case, however, addressed an important removal question of more general applicability, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.