Class Action

  • May 17, 2018

    Easton Baseball Bats Heavier Than Advertised, Suit Says

    Sporting goods manufacturer Easton Baseball/Softball Inc. misrepresents its high-end youth baseball bats as lighter than their actual weight, putting players at risk of injuries and decreased performance, according to a proposed class action filed Wednesday in California federal court.

  • May 17, 2018

    Titan Of The Plaintiffs Bar: The Lanier Law Firm's Mark Lanier

    Winning a $247 million jury verdict in a bellwether trial against Johnson & Johnson over allegedly faulty hip implants was just one of the major victories Mark Lanier of The Lanier Law Firm tallied last year, earning him a spot on Law360's 2018 Titans of the Plaintiffs Bar.

  • May 16, 2018

    General Mills Says Trans Fat Class Action Is Half-Baked

    General Mills Inc. asked a California federal judge at a hearing Wednesday to toss a proposed class action alleging its baking mixes are unsafe because they use partially hydrogenated oils containing trans fat, saying the suit's California law claims are preempted by federal statute.

  • May 16, 2018

    Atty Fights To Revive $13M Viacom Exec Compensation Suit

    Delaware’s chancellor incorrectly relied on “self-dealing” liability releases that Viacom Inc.’s directors awarded themselves when he tossed a derivative suit challenging $13 million in compensation paid to the media company’s ailing former chairman, a class attorney said during appeal arguments on Wednesday.

  • May 16, 2018

    Royal Park Faces $1K/Day Sanction In RMBS Discovery Row

    Royal Park Investments SA/NV will face sanctions of $1,000 a day beginning next week if certain material needed to comply with a discovery order in its residential mortgage-backed securities suit against Deutsche Bank National Trust Co. isn’t produced, a New York federal magistrate judge said Tuesday.

  • May 16, 2018

    Church & Dwight To Face Trimmed Supplement Labeling Row

    An Illinois federal judge on Wednesday trimmed a proposed class action alleging consumer goods company Church & Dwight Co. Inc. misrepresented that one of its supplements contains the recommended amount of folate rather than potentially dangerous amounts of it.

  • May 16, 2018

    Calif. Federal Court Tosses Negligence Claim Against Intuit

    A California federal court dismissed claims of negligence and aiding and abetting fraud asserted by two plaintiffs in a proposed class action against Intuit Inc., the maker of TurboTax software, saying Tuesday that the alleged injuries were not reasonably foreseeable.

  • May 16, 2018

    Novartis, Par Hit With Pay-For-Delay Suit Over Exforge

    Novartis Pharmaceuticals Corp. was able to keep a generic of its hypertension drug Exforge off the market for years by agreeing to let Par Pharmaceutical Inc. have six months of generic exclusivity, a deal that shunned competition and kept prices higher, according to a proposed class action filed in New York federal court Wednesday.

  • May 16, 2018

    NYU Committee's Know-How Under Fire At ERISA Trial's End

    A federal judge on Wednesday grilled a DLA Piper partner during closing arguments in an Employee Retirement Income Security Act class action accusing New York University of mismanaging workers' retirement savings, repeatedly interrupting the attorney to question whether NYU's retirement committee members knew enough to oversee the school's two multibillion-dollar plans.

  • May 16, 2018

    Ill. Jury Finds For AbbVie In AndroGel Bellwether Trial

    An Illinois federal jury on Tuesday sided with AbbVie Inc. in the fifth bellwether trial in multidistrict litigation over its testosterone replacement therapy drug AndroGel, finding that the drug didn't cause an Arizona man to develop blood clots in his lungs.

  • May 16, 2018

    Verizon, Sprint Can’t Duck Local Carrier Fees In MDL

    Verizon and Sprint can't avoid paying local access charges even for wireless users making local calls, a Texas federal judge has ruled, granting a win on counterclaims lobbed by hundreds of local exchange carriers against the multidistrict litigation the telecom giants launched with allegations of overbilling.

  • May 16, 2018

    AT&T Customers Can’t Accelerate NSA Docs Hearing

    A California federal judge summarily refused Wednesday to accelerate a hearing considering access to classified materials sought by AT&T customers pursuing a putative class action over records collected by the National Security Agency.

  • May 16, 2018

    Venture Capitalist Wants Out Of Tezos Token Offering Suit

    A venture capitalist and his firm asked a California federal judge on Tuesday to boot them from a consolidated action accusing the Tezos blockchain network’s executives of offering Tezos tokens as unregistered securities, saying they had no hand in the alleged securities violations.

  • May 16, 2018

    EB-5 Investor Suit Against Jay Peak Owner Dismissed

    A Florida federal judge dismissed an investor class suit against Jay Peak ski resort owner Ariel Quiros over his alleged role in a $350 million EB-5 visa fraud suit, ruling that the investors don't have standing to bring the claims, which he said would allow them to "double dip" on recoveries.

  • May 16, 2018

    Auto Parts Maker Reaches $5.2M Deal To Leave Antitrust MDL

    Japanese auto parts manufacturer Toyo Denso Co. Ltd. and its subsidiary Weastec Inc. agreed to pay approximately $5.2 million to settle a proposed class action from consumers alleging they conspired to fix the prices of ignition and power window parts, according to documents filed in Michigan federal court Wednesday.

  • May 16, 2018

    Ex-Franklin Templeton Worker Seeks Cert. In 401(k) Row

    A former Franklin Templeton employee asked a California federal court on Tuesday to certify her proposed class of more than 5,000 members over allegations the company's 401(k) plan was mismanaged and full of poorly performing in-house mutual funds.

  • May 16, 2018

    Chicken Cos. Hit With Another Price-Fixing Suit In Illinois

    U.S. meat distributors and grocery stores banded together Wednesday to bring another federal antitrust lawsuit in Illinois alleging a conspiracy among major poultry producers, saying this case sheds light on the yearslong activities of a cartel of American companies that illegally fixed broiler-chicken prices.

  • May 16, 2018

    BNY Investors Move For Class Cert. In ADR Overcharge Suit

    Investors in the Bank of New York Mellon urged a New York federal court on Tuesday to certify their class of American depositary receipt holders who were allegedly overcharged during the bank’s conversion of foreign-currency dividends to U.S. dollars.

  • May 16, 2018

    Boston Cabbie Fights Uber’s Bid To Escape Antitrust Claims

    A Boston cab driver alleging Uber monopolized the market by helping its drivers circumvent local taxi rules asked a Massachusetts federal court Wednesday to preserve his antitrust claims, saying the ride-hailing giant is trying to hold his proposed class action to an “unrealistic and legally unsupportable higher pleading standard.”

  • May 16, 2018

    Titan Of The Plaintiffs Bar: Susman Godfrey's Bill Carmody

    Bill Carmody of Susman Godfrey LLP helped investors in the sprawling multidistrict litigation over alleged manipulation of Libor land a $130 million settlement with Citigroup last year, and also scored a judgment worth more than $100 million for General Electric after a jury verdict in a contract dispute, landing him among Law360’s 2018 Titans of the Plaintiffs Bar.

Expert Analysis

  • Insurers A Little Bluer After BCBS Antitrust Decision

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    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Courts Must Soon Tackle Critical Questions About ICOs

    Michael Canty

    A number of class actions have been filed against initial coin offering founders for securities fraud, which means courts will soon begin to grapple with applying the federal securities laws to a new and potentially groundbreaking fundraising mechanism, say Michael Canty and Ross Kamhi of Labaton Sucharow LLP.

  • Bristol-Myers Squibb: A Dangerous Sword

    Neil Tyler

    Even if courts begin to consistently dismiss putative nationwide classes based on Bristol-Myers Squibb Co. v. Superior Court of California, filing a motion to dismiss for lack of personal jurisdiction may not always be the best strategic and business decision for defendants, say Neil Tyler and Claudia Vetesi of Morrison & Foerster LLP.

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say members of Monument Economics Group.

  • Crypto Set To Drive Demand For Traditional Services: Part 2

    Izzy Nelken

    There is speculation that smart contracts may enable technology to replace the practice of law. However, disputes will almost certainly arise as a result of the innate characteristics of smart contracts, requiring seasoned legal representation, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Crypto Set To Drive Demand For Traditional Services: Part 1

    Collin Starkweather

    The widespread adoption and increasing regulation of virtual currencies and related technologies will give rise to the need for individuals with expertise in traditional fields, such as financial services and tax, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Earth Day Review Of 'Green Guide' False Advertising: Round 2

    David Kluft

    Earth Day is almost here, and companies may be looking to capture some environmentally minded consumers with nifty green-themed advertising campaigns. To help sort through the Federal Trade Commission requirements for environmental marketing, David Kluft of Foley Hoag LLP assesses recent disputes involving the agency's “Green Guides” in his second annual review.