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Class Action

  • January 11, 2019

    Coinbase Can’t Nix Bitcoin Cash Rollout Suit, Buyers Say

    A proposed class of cryptocurrency buyers suing Coinbase Inc. over its rollout of bitcoin cash urged a California federal judge Thursday to block the company and a pair of executives from escaping their claims, saying the allegations of negligence and fraud in its complaint are clearly spelled out.

  • January 11, 2019

    Lyft Driver Cannot End Suit To Trigger Appeal, Judge Rules

    A Lyft driver fighting his status as an independent contractor will have to proceed to arbitration, rather than having his case dismissed so he can appeal to the First Circuit, a Massachusetts federal judge ruled Friday in agreeing with the ride-sharing company's argument that the former path will resolve the putative class action more quickly.

  • January 11, 2019

    Workers Fight NYU Reply On Recusal In Retirement Fund Row

    New York University is seeking the wrong avenue for challenging two retired judges’ testimony that former U.S. District Judge Katherine Forrest should have recused herself from a trial over the school’s retirement plan, university workers said, urging a federal judge not to let NYU file another response.

  • January 11, 2019

    $29M Yahoo Breach Deal In Calif. Ends Chancery Suit In Del.

    Parties to a Delaware derivative action over data breaches at Yahoo filed a stipulation of dismissal Friday in the state’s chancery court, saying a settlement in a similar California suit resolved the claims here.

  • January 11, 2019

    Chancery Decision In CytRx Attys' Fees Dispute Upheld

    The Delaware Supreme Court in a mandated order released Friday upheld a disputed Chancery Court decision that awarded $220,000 in fees to attorneys for investors who filed a derivative suit that settled last year alleging a stock-pumping scheme by managers for biopharmaceutical company CytRx Corp.

  • January 11, 2019

    NFL Concussion Firms Seek $3.2M From Common Fund

    Seeger Weiss LLP has asked the Pennsylvania federal court overseeing the NFL concussion settlement to distribute $3.2 million from a common benefit fund to pay itself and a handful of other firms for their work on class-related matters, with Seeger Weiss itself requesting $2.7 million.

  • January 11, 2019

    Reed Smith Tells 2nd Circ. Tort Claim Outside Of Fee Fight

    Reed Smith LLP invited the Second Circuit on Friday to allow it to pursue a $6.75 million tort claim in state court against Wohl & Fruchter over a $27 million securities fraud class action fee award, despite a Manhattan federal judge's order exercising "exclusive jurisdiction" over the matter.

  • January 11, 2019

    Las Vegas Show Co. Customers Win Partial Cert. In TCPA Suit

    A Nevada federal court granted partial certification Thursday to a group of customers who received automated text message advertisements after buying tickets from a Las Vegas-based production company, ruling that messages sent aren't weighed the same as those received.

  • January 11, 2019

    Walgreens Cashier Can Sue After Settlement, 9th Circ. Says

    A Walgreens cashier’s participation in a $23 million settlement with the pharmacy chain over wage-and-hour claims doesn’t prevent her from pursuing a state court case alleging the company wrongly denied her and others suitable seating, the Ninth Circuit has ruled.

  • January 11, 2019

    9th Circ. Nixes Daikin Defective Air Conditioner Suit

    A Ninth Circuit panel has ended a proposed class action against Daikin Applied Americas Inc. that claimed breaches of warranty and violations of California competition law, ruling that the claims over the company's air conditioners were time-barred and inadequately pled.

  • January 11, 2019

    Canada Dry Ginger Ale Label Settlement Gets Preliminary OK

    A California federal judge has granted preliminary approval to a potentially multimillion-dollar settlement of a class action claiming the maker of Canada Dry ginger ale misleadingly labeled its product as made with “real ginger.”

  • January 11, 2019

    Wayfair Execs Accused Of Inflating Stock, Pulling In $87M

    Executives at Wayfair Inc. raked in more than $87 million by pumping up the company's value during an investor call and then selling off their shares before announcing disappointing results the next quarter, a proposed class action filed Friday in Boston federal court alleges.

  • January 10, 2019

    Definition Of Contract Elusive In Airline 'Exit Fees' Suit

    The question of what constitutes the ticket contract for passengers pursuing a putative class action over "exit fees" they claim a Venezuelan airline imposed by surprise before allowing them to depart Miami proved elusive as the airline argued Thursday for the case to be dismissed a second time.

  • January 10, 2019

    Investors Sue Google Parent Execs Over Privacy, Harassment

    A proposed class of shareholders accused Google parent Alphabet's board of directors in California state court Wednesday of concealing data privacy issues and issues of sexual harassment and discrimination, ultimately propping up the stock price until the truth about these issues emerged.

  • January 10, 2019

    9th Circ. Tosses Suit Over 'Useless' Vitamin E Supplements

    A Ninth Circuit panel on Thursday threw out a putative consumer class action claiming that the labels on Nature’s Bounty Inc. vitamin E supplements falsely advertise health benefits, finding that there was not enough evidence the supplements are “actually harmful, as opposed to simply useless” at promoting immune health.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    Health Insurers Settle Suit Over Wilderness Therapy Denial

    Regence BlueShield, Cambia Health Solutions Inc. and a putative class of individuals reached a provisional settlement Thursday in Washington federal court in a lawsuit alleging the insurers had improperly denied claims for wilderness therapy.

  • January 10, 2019

    Disgruntled Tough Mudder Runners Seek Class Action Revival

    A group of Tough Mudder Inc. participants is seeking to revive their class action against the obstacle course event planner over the relocation of one of its events from Massachusetts to Maine, alleging Tough Mudder failed to pay a settlement after an announcement the company is splitting in two.

  • January 10, 2019

    CytoDyn, Investors End Chancery Director Options Suit

    Biotechnology company CytoDyn Inc. agreed to pay a $50,000 attorney fee in a Delaware Chancery Court settlement approved on Thursday that ended a stockholder challenge to excess stock options paid to the company’s chief executive officer in 2015.

  • January 10, 2019

    Investor Says More Info Needed In $1.3B Nutrisystem Merger

    A Nutrisystem Inc. shareholder claimed in a proposed class action in Delaware federal court that not enough information has been provided for investors to make an informed decision whether to support the proposed $1.3 billion merger between the company and Tivity Health Inc.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Which Class Action Question Will Justices Decide?

    Steve Carey

    In Frank v. Gaos, the U.S. Supreme Court may never address the issue of cy pres awards if it instead rules that none of the named plaintiffs had standing to bring the class action in the first place, says Steve Carey of Parker Poe Adams & Bernstein LLP​​​​​​​.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Will High Court Avoid Deadlock In Lorenzo?

    Susan Hurd

    Oral argument in Lorenzo v. U.S. Securities and Exchange Commission revealed clear divisions within the U.S. Supreme Court on the type of conduct that forms the basis of liability under Rule 10b-5, say attorneys with Alston & Bird LLP.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Arbitration In Bankruptcy Isn't Dead After Anderson

    Deborah Reperowitz

    In Anderson v. Credit One Bank, the Second Circuit declined to enforce a mandatory arbitration provision, despite a long-standing U.S. Supreme Court mandate. While Anderson seems to mark a departure for bankruptcy cases with arbitration provisions, it may simply reflect a narrow exception, says Deborah Reperowitz of Stradley Ronon Stevens & Young LLP.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.