Class Action

  • February 9, 2018

    Biomet Denied Early Wins In Metal Hip Replacements MDL

    An Indiana federal judge on Thursday rejected two "head-scratching" bids by Biomet to dismiss certain claims in multidistrict litigation over metal-on-metal hip replacements that allegedly were faulty and could increase patients’ risk of metallosis, a type of metal poisoning.

  • February 9, 2018

    NHL Players Fight Bid To Dump Experts From Concussion Suit

    National Hockey League players in multidistrict litigation over the league’s alleged concealment of the dangerous effects of concussions urged a Minnesota federal judge Friday not to bar the testimony of four experts in the case, saying the NHL’s argument that the opinions are unsupported or irrelevant misses the mark.

  • February 9, 2018

    Judge Denies Truckers' Bid For New Trial, Slashes Atty Fees

    A Nebraska federal judge on Friday denied student truck drivers’ bid for a new trial in their class action alleging Werner Enterprises Inc. and a subsidiary violated minimum wage laws, granting only $337,293.69 in attorneys' fees despite their request for $2.2 million after finding vague expense explanations.

  • February 9, 2018

    Hedge Fund Investors Sue After Losing 80% In Volatile Week

    A hedge fund that lost 80 percent of its value betting the wrong way on market turmoil in the first week of February is now facing a proposed securities class action alleging the company and its executives lied to investors about its strategy, according to an Illinois federal suit filed Friday.

  • February 9, 2018

    Hospital Wants Last Meningitis Case Back In Md.

    The Maryland surgery center facing the last standing case in the multidistrict litigation over a deadly 2012 meningitis outbreak told a Massachusetts federal judge on Thursday that the suit, set for trial in April, should be sent back to Maryland state court.

  • February 9, 2018

    Plaintiffs Want To Rework $1B Deal With GM Ch. 11 Trust

    A group alleging damages from defects in old General Motors' cars Thursday asked a New York bankruptcy court for a few more weeks to rework a $1 billion settlement a GM bankruptcy trust backed out of last month, saying the trust has new management and counsel and a deal may still be possible.

  • February 9, 2018

    Girardi Keese Must Open Books On $130M Deal, 9th Circ. Told

    An attorney whose client accused Girardi Keese of mismanaging a $130 million settlement with Lockheed Martin urged the Ninth Circuit on Friday to allow an accounting of the funds to move forward, while the firm argued that a lower court correctly found the suit was time-barred since the funds were distributed nearly two decades ago.

  • February 9, 2018

    Cryptocurrency Outlet Hit With Another Investor Fraud Suit

    The legal woes of cryptocurrency marketplace BitConnect mounted Thursday as the U.K.-registered lending and exchange platform was hit with another class complaint in Florida for allegedly operating as a Ponzi scheme that cheated thousands of investors out of millions of dollars.

  • February 9, 2018

    Insulet Agrees To Pay $19.5M To End Investor Suit

    Insulet Corp. has agreed to a $19.5 million settlement of a proposed class action alleging the medical device maker misled investors about the success of a new insulin infusion pump system it launched in 2013 and manipulated a critical performance metric to mask declining new patient growth, according to filings made Friday in Massachusetts federal court.

  • February 9, 2018

    People Have Right To Keep Health Data Secret, 2nd Circ. Says

    The Second Circuit on Friday revived privacy claims brought by correction officers who said their boss at an upstate New York jail snooped on their medical records, finding that people have the right to keep their health data secret — even if nothing in their files could be used to stigmatize them.

  • February 9, 2018

    Consumers Seek Sanctions For Destroyed Abilify Evidence

    Consumers suing Otsuka America Pharmaceutical Inc. over side effects of its antipsychotic drug Abilify asked a Florida federal judge Thursday to sanction the drugmaker for allegedly destroying important pre-2007 communications, saying Otsuka waited too long to disclose the lack of evidence it argues is crucial to its case.

  • February 9, 2018

    Stanley Steemer Hit With FSLA Class Action Over Unpaid OT

    A putative class of current and former Stanley Steemer employees hit the carpet cleaning chain with a Fair Labor Standards Act suit in Illinois federal court Thursday, alleging Stanley Steemer routinely failed to pay employees overtime, even though they regularly worked over 40 hours per week.

  • February 9, 2018

    HP Consumers Want US-Wide Class In Ink Cartridge Row

    Customers who received phony error messages after trying to install third-party ink cartridges in Hewlett Packard Co. printers have asked a California federal court to certify a nationwide class action against the company for federal computer fraud and common law trespass.

  • February 9, 2018

    Toyota Beats Suit Over Special Tire Pricing

    A Massachusetts federal judge on Thursday dismissed a proposed class action against Toyota Motor Sales USA and Colonial Imports Corp., ruling that the buyer failed to show he was harmed when he purchased three tires, which he claims were deceptively marked up, in order to get the fourth tire for one dollar.

  • February 9, 2018

    Spokeo Derails $580K Deal In Pet Store Receipt Row

    A Florida federal judge who previously gave initial approval to a $580,000 deal to resolve claims that Pet Supermarket Inc. printed too many credit card digits on receipts on Thursday axed the settlement and tossed the suit, citing several recent rulings that found that nearly identical privacy claims in other suits failed to meet the Spokeo standing bar.

  • February 9, 2018

    Samsung Must Face Class Claims On Smartwatch Battery Life

    A New Jersey federal judge let stand most of the claims in a proposed class action accusing Samsung Electronics America Inc. of misrepresenting the battery life of its Galaxy Gear S Smartwatch, ruling Thursday that the dissatisfied purchaser gave enough details to clearly describe his experience.

  • February 9, 2018

    Chefs' Warehouse Drivers Denied Class Cert. In Wage Suit

    The Chefs’ Warehouse Inc. on Thursday defeated class certification in a wage-and-hour class action brought by a group of delivery drivers, as a California federal judge found the lead plaintiffs in the case — who promised their sanctioned attorney wouldn’t represent the class — were inadequate class representatives.

  • February 9, 2018

    Hunton & Williams Nabs 4 Employment Attys From Reed Smith

    Hunton & Williams LLP has bolstered its employment law bench by adding a four-attorney team from Reed Smith LLP to its Los Angeles office, the firm announced Thursday.

  • February 9, 2018

    Fox's 'Unusual' $90M Scandal Deal Gets Chancery's OK

    Terming the deal “unusual” but sensible, Delaware’s Chancery Court approved a $90 million settlement Friday between Twenty-First Century Fox Inc. and investors seeking a company recovery of huge payouts in sexual harassment scandals involving Fox News management and talent.

  • February 9, 2018

    Eversheds Sutherland Snags 2 Jackson Walker Attys In Texas

    Eversheds Sutherland said Thursday it has snagged two labor and employment attorneys from Jackson Walker LLP, saying they have come on to the firm as partners in the Houston office.

Expert Analysis

  • Practitioner's Guide To Statistical Sampling: Part 4

    Brian Kriegler

    Brian Kriegler of Econ One Research concludes his series on statistical sampling by addressing several common misperceptions about random sampling requirements.

  • Settlement Aspirations Enter The Opioid MDL

    Adam Fleischer

    Two freight trains driving the opioid multidistrict litigation appear to be on a collision course. Journalistic investigations have revealed much about what the pharmaceutical industry knew about the opioid crisis, but just this week, Judge Dan Aaron Polster of the Northern District of Ohio made clear his plans to push the matter toward a global resolution in 2018, say Adam Fleischer and Kevin Harris of BatesCarey LLP.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Practitioner's Guide To Statistical Sampling: Part 3

    Brian Kriegler

    In the third of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research uses the example of a hypothetical Medicare reimbursement case to address various solutions for dealing with missing sample selections so that statistical inferences remain valid.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Practitioner's Guide To Statistical Sampling: Part 2

    Brian Kriegler

    In the second of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research offers a method for constructing confidence intervals when the sample size is relatively small.

  • Top 10 Employer Resolutions For 2018

    Allegra Lawrence-Hardy

    Last year employers watched as a variety of regulations were rolled back to pre-Obama administration status. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC discuss what happened in 2017, the developments employers should be alert to this year, and the resolutions they should make to protect their company and employees.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.