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Class Action

  • November 13, 2018

    Tata Encouraged 'Expats Versus Locals' Culture, Jury Hears

    A California federal jury considering class claims that Tata Consultancy Services Ltd. discriminates against non-South Asians heard taped deposition testimony Tuesday from a former Tata senior human resources manager, who said that the company prioritizes visa holders and the culture was “expats versus locals.”

  • November 13, 2018

    Homeowners Seek Remand Of Suit Against Brad Pitt's Org

    Homeowners suing a foundation launched by Brad Pitt, which built homes in the aftermath of Hurricane Katrina, over allegedly defective construction urged a federal court Monday to remand the suit to state court because a vast majority of the proposed class members are Louisiana residents.

  • November 13, 2018

    9th Circ. Denies Right-To-Counsel Bid By Immigrant Minors

    The Ninth Circuit on Tuesday declined to reconsider a case brought by a class of thousands of unaccompanied immigrant children seeking lawyers and due process rights in deportation cases, leaving in place its earlier decision that the children can’t bypass immigration court and head straight to district court.

  • November 13, 2018

    Ex-Grubhub Driver Asks 9th Circ. To Undo Contractor Ruling

    A former Grubhub Inc. driver asked the Ninth Circuit on Friday to reverse a finding that he’s an independent contractor and not an employee, insisting the worker classification standard set by the California Supreme Court's Dynamex ruling upended it.

  • November 13, 2018

    Ulta Says Vague Claims Should Sink Stock-Drop Suit

    Ulta Beauty Inc. has urged an Illinois federal court to wipe out a proposed class action over a stock plunge that followed reports employees were pressured to resell returned makeup, saying there is no allegation that its top executives were behind the purported policy.

  • November 13, 2018

    High Court Won't Hear $17.3M Fee Dispute In Gas Royalty Row

    The Supreme Court declined Tuesday to take up a challenge to a Tenth Circuit panel's decision that said an incorrect method of calculating the $17.3 million attorneys' fees award for work on a $52 million settlement over gas well royalty payments meant the award should be set aside.

  • November 13, 2018

    Experian Strikes $22M Deal Over T-Mobile Data Breach

    Experian has asked for preliminary approval of a $22 million class action settlement in California federal court, ending privacy claims from 15 million T-Mobile customers who had their information released in a data breach.

  • November 13, 2018

    McDonald's Shakes ADA Suit Over Drive-Thru Access

    An Illinois federal judge on Tuesday put a stop to a proposed nationwide class action alleging the fast-food chain's "late-night," drive-thru-only policy excludes those who can't drive in the dark, saying the customer's claims are too general to bring the suit.

  • November 13, 2018

    VW Investors Challenge Bid To Toss Antitrust Stock-Drop Suit

    Volkswagen AG shareholders have pushed back against the carmaker's bid to escape antitrust and securities fraud charges in a proposed class action, telling a New York federal court that they properly backed their argument that the German automaker engaged in illegal conduct.

  • November 13, 2018

    6 Broadcasters Settle With DOJ To Resolve Antitrust Probe

    The U.S. Department of Justice has reached a settlement with six broadcast television companies to resolve a complaint by the DOJ's Antitrust Division in D.C. federal court that the companies shared pricing information, the department announced Tuesday.

  • November 13, 2018

    Investors Reach $12M Deal In Biotech Stock-Drop Case

    A shareholder class claiming biotech company NantKwest hid millions of dollars in executive compensation expenses from investors prior to its 2015 initial public offering has reached a $12 million proposed settlement with the firm, according to a filing in California federal court.

  • November 13, 2018

    Merrill Lynch Workers Win Conditional Cert. In OT Suit

    A New Jersey federal judge has granted conditional certification to a class of current and former Merrill Lynch “email reviewers” in a suit alleging parent company Bank of America NA improperly failed to pay them overtime, but the judge said receiving final certification will be more difficult.

  • November 13, 2018

    High Court Won’t Hear $3M Disgorgement Challenge

    The U.S. Supreme Court said Tuesday it will not review a First Circuit ruling that an ex-CEO at a behavioral health company who supposedly pursued a merger out of self-interest must disgorge $3 million to shareholders, even though a Massachusetts federal jury initially found the investors weren’t financially harmed.

  • November 13, 2018

    High Court Won't Touch Honeywell Retiree Benefits Battle

    The U.S. Supreme Court said Tuesday it won't hear a group of retirees' challenge to a Sixth Circuit opinion that found Honeywell International Inc. didn't owe them lifetime health care benefits.

  • November 13, 2018

    Justices To Consider FCC Deference In Junk Fax Case

    The U.S. Supreme Court agreed Tuesday to consider how much deference to give the Federal Communications Commission’s view of what counts as an “advertisement” under the Telephone Consumer Protection Act, in a dispute that could impact the judiciary’s power to interpret agency rules.

  • November 12, 2018

    NCAA Argues Fans ‘Overwhelmingly Oppose’ Paying Athletes

    The NCAA defended its rules limiting athlete compensation in a landmark antitrust California federal bench trial on Friday, arguing that college sports fans value amateurism and “overwhelmingly oppose” paying student athletes.

  • November 9, 2018

    Wells Fargo To Pay $43M To Settle RMBS Trustee Litigation

    Wells Fargo Bank NA announced it will pay $43 million to end allegations it failed to protect investors from billions of dollars in losses as the trustee for hundreds of residential mortgage-backed securities, a deal reached with certain institutional buyers, including funds affiliated with BlackRock Inc. and PIMCO.

  • November 9, 2018

    Williams-Sonoma Can't Wash Hands Of Labeling Suit

    Williams-Sonoma can't avoid a proposed class action alleging that certain lotions, soaps and other products it sells are misleadingly labeled as natural, despite containing synthetic ingredients, a California federal judge ruled on Friday, rejecting the upscale retailer's argument that no reasonable consumer would be deceived by the labeling.

  • November 9, 2018

    Insurer Says Costco's $8M Gender Bias Deal Not Covered

    Excess insurer Arrowood Indemnity Co. urged a Washington federal judge to hold that Costco's failure to secure its consent for an $8 million settlement of a gender bias class action relieves the insurer of any coverage duties, while Costco countered Arrowood waited too long to object to the deal.

  • November 9, 2018

    Oil Group Says 5th Circ. Ruling May Prompt Forum Shopping

    A Fifth Circuit decision that found Devon Energy Production Co. LP’s alleged breach of implied duty to market could support class certification would upend the legal landscape in oil and gas law, the Texas Oil and Gas Association has said in an amicus brief filed in Devon's en banc bid.

Expert Analysis

  • The A-List For Managing Employment Law Risks And Costs

    Brendan Sweeney

    For most employers, the value of a class action waiver far outweighs the negatives of arbitration, but proactive in-house lawyers can do more than simply avoid class actions. The risk and cost of individual arbitration cases can be managed effectively with early case assessment and alternative fee arrangements, says Brendan Sweeney of Jackson Lewis PC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • 9 FAQs About De Minimis Doctrine After Troester V. Starbucks

    Daniel Fears

    In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • Class Arbitrability Questions After 11th Circ. JPay Ruling

    Gilbert Samberg

    One may ask whether the Eleventh Circuit’s recent decision in JPay v. Kobel correctly addressed the issue of “clear and unmistakable” consent when it comes to the delegation of class arbitrability. However, with respect to many class arbitration-related matters, a second issue looms, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.