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Class Action

  • July 10, 2018

    'Shaky' Evidence Of Roundup-Cancer Link Admissible At Trial

    A California federal judge Tuesday rejected Monsanto Co.’s bid to block multidistrict litigation alleging the company’s Roundup weed killer causes cancer and said he’d permit three of the consumer plaintiffs’ experts to testify in the case, concluding their opinions, "while shaky, are admissible."

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    Kaiser Seeks Quick Win In Eating Disorder Coverage Dispute

    Kaiser Foundation Health Plan Inc. asked a California federal judge for a quick win in a patient's proposed class action over denied coverage for out-of-network residential treatment of an eating disorder, arguing that it didn’t violate the Employee Retirement Income Security Act or the terms of his plan.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    2nd Circ. Won't Revive ERISA Forex Suit Against Big Banks

    A Second Circuit panel on Tuesday upheld a New York federal judge's decision to toss claims accusing Credit Suisse, Deutsche Bank and 10 other banks of violating the Employee Retirement Income Security Act by rigging foreign exchange benchmarks, saying bank-run retirement plan participants didn't prove the banks acted as fiduciaries.

  • July 10, 2018

    3rd Circ. Won't Revive AXA Investors' Action Over Fees

    The Third Circuit on Tuesday refused to disturb a New Jersey federal court ruling dismissing with prejudice investors’ claims in a consolidated derivative action against AXA Equitable Life Insurance Co. alleging that its subsidiary collected excessive mutual fund management fees, finding that the court’s conclusions were not “clearly erroneous.”

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    Fla. Law Firm Facing Suit Over Debt Collection Disclosures

    A South Florida law practice was hit with a putative class action in federal court Monday alleging violations of the Fair Debt Collection Practices Act for stating incorrect and confusing information in the disclosures within a debt collection notice.

  • July 10, 2018

    Google Privacy Deal Is 'Clear Abuse,' High Court Told

    Challengers to an $8.5 million settlement resolving claims that Google shared user search histories urged the U.S. Supreme Court to overturn the deal, saying the agreement — which provides millions to class counsel and the rest to third parties, including organizations tied to class counsel and the tech giant — is "clear abuse."

  • July 10, 2018

    JB Hunt Drivers Defend Class Cert. In Calif. Wage Dispute

    Drivers told a California federal judge Monday they have ample evidence proving J.B. Hunt Transport Inc.’s uniform piece-rate compensation system shorted thousands of drivers on wages and rest breaks, rebuking the company’s bid to slash claims and decertify their class action.

  • July 10, 2018

    8,000 Sephora Workers Told Cert. Bid Needs Fleshing Out

    A California judge on Tuesday held off on deciding whether to certify a class of more than 8,000 Sephora USA Inc. workers who claim the cosmetics retailer failed to pay them for time spent putting on makeup and having their bags checked, saying their attorneys hadn't grappled with their individual issues and more briefing is needed.

  • July 10, 2018

    Atty Conflict Sinks Class Cert. Against Supplement Maker

    A California federal judge has denied class certification in a dispute over allegedly misleading labels on digestive products, saying that the attorney who would have become class counsel had a conflict of interest stemming from a settlement in a previous case he handled over the same issue.

  • July 10, 2018

    Fiat Chrysler Looks To Nix Amended Emissions-Cheating Suit

    Fiat Chrysler told a Michigan federal judge on Monday that the latest attempt by a proposed class of truck owners to accuse the automaker of lying about the emissions performance of certain Dodge Ram vehicles fails to correct any of the shortcomings that tanked their complaint earlier this year.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Judge Gee Slams Gov't Bid For Immigrant Kid Detentions

    The federal government got a scolding Monday from U.S. District Judge Dolly M. Gee as she refused to modify the so-called Flores agreement’s protections for immigrant children in an order that called the bid a “cynical attempt to shift responsibility” for immigration law from Congress to courts.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    Colgate Settles Baby Powder Cancer Claims On Eve Of Trial

    Colgate-Palmolive Co. has reached a settlement the day before jury selection in a trial where the consumer products company would have faced accusations that it sold a man talc-based baby powder that contained asbestos and contributed to him contracting mesothelioma, according to news reports Monday.

  • July 9, 2018

    Royal Park Can't Use Loan Sampling In US Bank RMBS Suit

    A New York federal magistrate judge on Monday granted U.S. Bank NA’s request for an order precluding Royal Park Investments SA/NV from using loan sampling to prove liability or damages in its proposed class action accusing the bank of bungling its duties as trustee for an array of residential mortgage-backed securitization trusts.

  • July 9, 2018

    Biometric Privacy Suits Don't Need Actual Harm, Ill. Court Told

    Several privacy groups are urging the Illinois Supreme Court to strike down a ruling that plaintiffs must claim some actual harm to be considered an "aggrieved person" under the state's Biometric Information Privacy Act, arguing that the holding undermines the statute’s purpose and effectiveness.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

Expert Analysis

  • Series

    FLSA Turns 80: The Divide Over Joint Employment Status

    Jason Schwartz

    The basic and threshold issue of who constitutes an “employer” under the Fair Labor Standards Act often has proven surprisingly difficult to resolve, especially in cases involving allegations of “joint employer” status. Over the past few decades a clear divide has developed and widened across the circuits on the proper test for determining this status, say Jason Schwartz and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • A Few Tips For Affordable And Defensible ESI Collection

    Erich Potter

    In the course of litigation, one of the first steps you’ll take toward responding to a request for production of information — after issuing your litigation hold notice of course — is the collection of documents. Nearly everything else in e-discovery flows from this. Preserving metadata values of electronically stored information is especially critical, says Erich Potter, discovery counsel at Oles Morrison Rinker & Baker LLP.

  • China Agritech May Have Limited Practical Effect

    Noelle Reed

    While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • Series

    FLSA Turns 80: The Tip Credit Is Here To Stay

    Liz Washko

    As an amendment to the Fair Labor Standards Act's tip credit provisions, President Donald Trump recently signed a bill that included the Tip Income Protection Act. Liz Washko of Ogletree Deakins Nash Smoak & Stewart PC discusses the recent changes to the law, as well as the history of the tip credit, its requirements and potential pitfalls for employers paying a tip credit wage.

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Series

    FLSA Turns 80: The Future Of Work Is Here

    Jessica Perry

    As we mark the Fair Labor Standards Act's 80th anniversary later this month, it is an appropriate time to reflect on its history and consider the ways it most needs to evolve to keep pace with changes in the workplace and allow employers to provide the flexible work arrangements that many employees want, say Jessica Perry and Dan Corbett of Orrick Herrington & Sutcliffe LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.