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Class Action

  • January 16, 2019

    Banks Accused Of Rigging Libor After Post-Scandal Overhaul

    A Connecticut bank on Tuesday accused the owner of the New York Stock Exchange of conspiring with some of the world's largest banks to artificially deflate a key financial benchmark after taking over responsibility for the rate setting following a previous price-fixing scandal.

  • January 16, 2019

    Lyft Shakes TCPA Suit Over Autodialed Texts For Now

    A California federal judge on Wednesday tossed an amended complaint claiming that Lyft Inc. violated the Telephone Consumer Protection Act by sending unwanted text messages to prospective customers, but said the suit could be amended again in the next 30 days.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    MetLife Beats Suit Over Interest On $500M In Late Benefits

    A New York federal judge on Tuesday tossed a proposed class action accusing MetLife Inc. and Metropolitan Life Insurance Co. of pocketing the interest on $500 million in overdue retirement benefits, saying the proposed class of retirees improperly repackaged a contract dispute as an unjust enrichment claim.

  • January 16, 2019

    Opioid Distributors Want 6th Circ. RICO Ruling Before Trial

    The Sixth Circuit should decide whether Racketeer Influenced and Corrupt Organizations Act and nuisance claims in multidistrict litigation over the opioid crisis hold up before the Ohio district court case moves on, drug distributors have told the trial court.

  • January 16, 2019

    McDermott Nabs Ex-Vedder Price Employment Pro In Chicago

    McDermott Will & Emery LLP has bolstered its employment group in Chicago with the addition of a former Vedder Price PC attorney experienced in helping companies navigate class actions, including wage-and-hour cases.

  • January 16, 2019

    Insys Shareholders Want Stay Lifted In Fentanyl Chancery Suit

    A class of shareholders suing pharmaceutical maker Insys Therapeutics Inc. and its directors over an alleged scheme to market a powerful opioid for off-label uses asked the Delaware Chancery Court to lift the stay in the proceedings to allow a motion to dismiss to move forward.

  • January 16, 2019

    Virgin America Flight Attendants Win $77M In Wage Suit

    A California federal judge awarded $77 million to a class of flight attendants Wednesday after earlier finding that Virgin America Inc. failed to pay for hours worked and shorted their overtime pay, reducing the workers' requested payout by $8 million.

  • January 16, 2019

    Justices Told ERISA Arbitral Suit Has 'Surpassing Importance'

    The University of Southern California told the U.S. Supreme Court that the court should review the Ninth Circuit’s finding that its employees couldn’t be compelled to arbitrate their Employee Retirement Income Security Act claims, arguing that the workers wrongly characterized the decision as a “mundane interpretation of contractual language.”

  • January 16, 2019

    VW Says Pre-Scandal Car Sellers Have Yet To Show Injury

    Volkswagen AG told a California federal judge that drivers who sold their diesel vehicles before news of the automaker’s massive emissions-cheating scandal broke did not suffer any financial loss and still have not put forth a viable claim for damages linked to the scandal.

  • January 16, 2019

    Napster Settles Songwriter Lawsuit Over Unpaid Royalties

    The company that currently operates Napster reached a settlement Tuesday in California federal court to end one of several class actions that claimed streaming music services had failed to pay millions in so-called mechanical royalties to songwriters.

  • January 16, 2019

    9th Circ. Sends Yahoo TCPA Coverage Row To Calif. Justices

    The Ninth Circuit on Wednesday asked California’s high court to weigh Yahoo’s bid to force an AIG insurer to fund its defense of several Telephone Consumer Protection Act lawsuits accusing the web services provider of sending unsolicited text messages, saying Golden State law is unsettled on whether liability insurance covers TCPA claims.

  • January 16, 2019

    Objector Admits To Unethical Conduct To Exit Edelson Suit

    A Texas attorney known for filing objections to class action settlements has offered to stop practicing in Illinois and only bring objections that meet certain criteria to resolve a lawsuit brought by plaintiffs firm Edelson PC over what it says is his extortionate use of the objection process.

  • January 16, 2019

    FCC Final Say On Ad Rules Cripples Businesses, Justices Told

    The U.S. Chamber of Commerce, six states and a handful of government associations warned the U.S. Supreme Court that letting the Federal Communications Commission have the final word on the interpretation of the Telephone Consumer Protection Act strips companies of a key defense amid the unrelenting stream of TCPA class actions.

  • January 16, 2019

    ACLU Opposes DHS Stay Request In Married Immigrants Suit

    The American Civil Liberties Union of Massachusetts will oppose the government's shutdown-related motion to pause a proposed class action by immigrants fighting deportation orders for their noncitizen spouses after the U.S. Department of Homeland Security balked at an ALCU request to provide more information on potential removals.

  • January 16, 2019

    Fla. Medical Spa Hit With TCPA Suit Over Unwanted Texts

    A Miami-area medical spa was hit with a putative class action Wednesday in Florida federal court, alleging that it sent unwanted telemarketing text messages, in violation of the Telephone Consumer Protection Act.

  • January 16, 2019

    Yale Workers Seek Class Cert. In ERISA Retirement Row

    A group of participants in Yale University's employee retirement plan asked a Connecticut federal judge for class certification in their Employee Retirement Income Security Act suit accusing the Ivy League school of costing workers millions of dollars by funneling their retirement funds into bad investments.

  • January 16, 2019

    BNY, Investors Reach $72.5M Deal In ADR Overcharge Suit

    The Bank of New York Mellon has agreed to pay $72.5 million to resolve claims that it overcharged American depositary receipt holders for the conversion of foreign currency dividends to U.S. dollars, according to investors who asked a New York federal judge on Tuesday for preliminary approval of the settlement.

  • January 15, 2019

    Justices Mull Class Action Removal In Home Depot Appeal

    U.S. Supreme Court justices grappled with Home Depot's call to close what it views as a loophole in the Class Action Fairness Act's removal protections during oral arguments Tuesday in a case that started out as a debt-collection suit between a bank and a North Carolina man.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

Expert Analysis

  • 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.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Practitioner's Guide To Stratified Random Sampling: Part 2

    Brian Kriegler

    In the final part of this article, Brian Kriegler of Econ One Research Inc. uses a hypothetical wage-and-hour example involving on-duty meal period agreements to simplify the application of stratified random sampling for correct use in a legal setting.

  • Practitioner's Guide To Stratified Random Sampling: Part 1

    Brian Kriegler

    Brian Kriegler of Econ One Research Inc. explains when it might be advantageous to select a random sample that has been divided into multiple subpopulations, such as when evaluating the rate at which a large medical provider submitted ineligible Medicare reimbursements over 10 years.