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Class Action

  • November 8, 2018

    Forex Counsel Awarded $300M In Fees For $2.3B Deal

    A New York federal judge on Thursday awarded more than $300 million in attorneys' fees to the firms representing an investor class in securing $2.3 billion in settlements over claims that 15 banks colluded to rig benchmark exchange rates in the foreign exchange markets.

  • November 8, 2018

    UnitedHealth Class Denied Cert. In Prosthetic Benefits Suit

    A California federal judge has shot down an attempt by the UnitedHealth Group Inc.'s beneficiaries to sue the insurer as a class over alleged denials of benefits for prosthetic arms and legs, but he gave them a shot at refiling even as he threatened their lead counsel with a $2,500 sanction.

  • November 8, 2018

    JPMorgan Hit With Class Action Over Spoofing Allegations

    A putative class of investors sued JPMorgan Chase & Co. and a group of precious metals traders employed by the bank in New York federal court Wednesday, saying they manipulated futures contracts through spoofing, days after the U.S. Department of Justice announced a former trader had pled guilty to his role in the alleged scheme.

  • November 8, 2018

    Blood-Pressure Drug Cos. Hit With Suit Over Contamination

    The makers of a generic blood-pressure drug that was recalled due to contamination by a carcinogen "willfully ignored warning signs" about poor safety procedures in a laboratory in India and should have known their drugs were tainted years before testing revealed it this summer, according to a putative consumer class action filed Wednesday in Boston federal court.

  • November 7, 2018

    Lyft's $4M Text Deal Follows Suit's Wash. High Court Detour

    A proposed consumer class urged a Washington federal court on Tuesday to preliminarily approve Lyft Inc.’s $3.99 million deal over commercial text messages, reached after the Washington Supreme Court found such unwanted solicitations violate the Washington Consumer Protection Act.

  • November 7, 2018

    Ex-Lawmaker Could Be Asked To Testify In State Street Row

    A Massachusetts federal judge overseeing an investigation into improper billing practices by three law firms said Wednesday that he is considering asking Garrett Bradley, the managing partner of Thornton Law Firm LLP and a former state representative, to testify in the case.

  • November 7, 2018

    Ex-Tata Engineer Testifies He Was Harassed On Apple Team

    An Iranian national and former Tata Consultancy Services Ltd. software engineer testified Wednesday during a California federal trial over class discrimination claims that his Indian boss and colleagues mocked him, repeatedly called him “stupid” and then kicked him off an Apple Inc. job for being late for work on a single occasion.

  • November 7, 2018

    Borrowers Ask 10th Circ. To Uphold $25M RICO Verdict

    A class of borrowers who were charged millions in advance fees for never-funded loans by a Toronto-based family led by a man with a long criminal record urged the Tenth Circuit on Wednesday to preserve a $25 million verdict in their favor.

  • November 7, 2018

    Justices To Scrutinize Google Users' Standing In Privacy Row

    Less than a week after hearing oral arguments, the U.S. Supreme Court wants to take a closer look at whether the 129 million Google users behind a disputed privacy class action deal have standing to have brought the case in the first place.

  • November 7, 2018

    Web.com Investor Seeks Toss Of $2B Merger Doc Suit, Fees

    Internet service company Web.com Group Inc. investors who sued in Delaware to block the company’s $2 billion acquisition by Siris Capital Group LLC have agreed to scuttle the federal court action following additional company disclosures about the deal.

  • November 7, 2018

    Oprah-Backed Chain Eatery Reaches Wage-Break Class Deal

    A True Food Kitchen staffer asked a California federal court Monday to preliminarily approve a $900,000 class settlement reached with the Oprah Winfrey-backed restaurant chain, saying while the group is confident in their claims that they were shorted on pay and breaks, "it cannot be said that defendants presented no contrary evidence."

  • November 7, 2018

    Light-Up Skechers Explode, Cause Chemical Burns, Suit Says

    Skechers USA Inc. was hit with a proposed class action on Wednesday in New York federal court alleging the footwear company knew that the batteries in its light-up children's shoes can malfunction and cause chemical burns but never warned consumers, instead trying to quietly phase out the defective shoes.

  • November 7, 2018

    Investors Sue Akorn After Failed Merger 'Debacle' Kills Stock

    An Akorn Inc. shareholder sued the pharmaceutical company’s executives and board members on Tuesday in Illinois federal court over falsified submissions to the U.S. Food and Drug Administration, a "debacle" that sunk a multibillion-dollar merger and plunged Akorn’s share price by nearly 50 percent.

  • November 7, 2018

    SAG-AFTRA Can't Silence Musician's Suit Over Service Fees

    A songwriter’s putative class action alleging the Screen Actors Guild‐American Federation of Television and Radio Artists overcharged session musicians and backup singers largely survived dismissal Tuesday as a California federal judge found most claims were properly stated.

  • November 7, 2018

    TrueCar Seeks Exit From Stock Suit Over USAA Site Revamp

    There’s no way TrueCar Inc. could have predicted that a website redesign by the USAA, which insures United States military service members, would damage the car price aggregator’s online auto sales, the company said in a bid to toss claims it should have warned investors about coming problems.

  • November 7, 2018

    Gun Owners Seek Cert. In Suit Over Allegedly Faulty AK-47s

    Dueling firearms experts faced off in a Miami courtroom Wednesday as gun owners argued for class certification in a suit alleging Century International Arms Corp.'s AK-style assault rifles are defective, while the company pushed back and said the accidental discharges at issue were due to user error or modification.

  • November 7, 2018

    Local Gov'ts Press For Opioid Market Share Data

    Lead attorneys for local governments suing over the opioid crisis on Wednesday told the Ohio federal judge overseeing the multidistrict litigation that since the U.S. Department of Justice does not oppose releasing market share data from a federal database of opioid sales, opioid makers and distributors have no grounds to oppose it either.

  • November 7, 2018

    Shareholder Fights Bank Execs' Bid To Toss Derivative Suit

    A Bank of Internet shareholder on Tuesday asked a California federal judge not to dismiss a consolidated derivative suit accusing four of the bank's senior executives of misconduct that led the company to carry out a costly internal investigation into a whistleblower's allegations about shady business dealings.

  • November 7, 2018

    Motley Rice To Lead Riot Investors In Bitcoin Fraud Case

    Motley Rice LLC won the position of lead counsel Tuesday in the consolidation of two proposed securities fraud class actions in New Jersey federal court accusing biotech company-turned-cryptocurrency investor Riot Blockchain Inc. of making bogus claims to shareholders about its bitcoin trading practices. 

  • November 7, 2018

    Ponzi Investors Seek Final OK For $4.6M Deal With JPMorgan

    A proposed class of investors asked a Massachusetts federal judge on Tuesday to grant final approval of a $4.6 million settlement with JPMorgan Chase Bank, resolving claims that the bank aided and abetted the $150 million Millennium Bank Ponzi scheme.

Expert Analysis

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • Classification Confusion For Transportation Cos. At 9th Circ.

    Bradford Hughes

    Following the Ninth Circuit's recent decision in California Trucking Association v. Su, transportation companies across California are left wondering what standard will be applied to determine whether an independent contractor is an employee, says Bradford Hughes of Clark Hill PLC.

  • The Evolution Of Conspiracy Personal Jurisdiction

    Tucker Blaser

    The "conspiracy theory" of personal jurisdiction has been inconsistently applied across state and federal courts. It has yet to be addressed by the U.S. Supreme Court, but if it does prevail, mass tort venues will experience significant impacts, say Tucker Blaser and Bryce Pfalzgraf of Brown & James PC.

  • 9th Circ. Offers Clarity On Intent Of TCPA, For Now

    Octavio Gomez

    In Marks v. Crunch San Diego, the Ninth Circuit published a well-reasoned interpretation of an automated telephonic dialing system under the Telephone Consumer Protection Act. However, it will likely create uncertainty as an upcoming Federal Communications Commission order may not be able to overcome this court’s rationale, says Octavio Gomez of Morgan & Morgan PA.

  • F-Squared And The Lingering Impact Of Kokesh

    Benjamin Mundel

    After the U.S. Supreme Court's ruling last year in Kokesh, a number of companies have tried to challenge government agencies' authority to seek disgorgement absent express statutory authority. While courts have not directly addressed the open question, a recent decision in the F-Squared bankruptcy litigation came close, say Benjamin Mundel and Mackenzi Siebert of Sidley Austin LLP.

  • 3 Key Employment Law Issues To Keep An Eye On

    Lovita Tandy

    Employment lawyers dare not turn away from their news feeds lest they miss the next critical case law update. Lovita Tandy of Tandy Legal and Bonnie Burke of Lawrence & Bundy LLC review the latest on sexual orientation discrimination, employee arbitration agreements and joint employer liability.

  • Federal Courts Diverge On Bristol-Myers And Class Actions

    Christopher Murphy

    Federal courts have been wrestling with whether the U.S. Supreme Court's Bristol-Myers Squibb decision applies to class actions in federal court. A class action defendant must carefully analyze the forum court's interpretation of Bristol-Myers, say Christopher Murphy and Elizabeth Rowe at McDermott Will & Emery LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • And Now A Word From The Panel: An MDL Breakup

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation issued a decision separating and remanding an individual plaintiff's claims from an ongoing data breach MDL. Practitioners should note this example of the panel's power to break up an MDL and sever claims that, in its view, do not belong in such a proceeding, says Alan Rothman of Arnold Porter.