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Class Action

  • September 18, 2018

    Facebook Hit With Gender Bias Claims Over Targeted Job Ads

    Facebook discriminates against millions of women and gender nonbinary people by letting companies target job ads on the platform toward men, job seekers claim in U.S. Equal Employment Opportunity Commission charges filed against the social media giant and 10 employers on Tuesday.

  • September 17, 2018

    WWE Wins 2 Bouts In Suits Over Wrestlers' Concussions

    A Connecticut federal court ruled Monday in favor of World Wrestling Entertainment in two suits related to former wrestlers’ claims that the organization fraudulently concealed a link between the sport and brain injuries, finding that their complaints were barred by the statutes of limitations or the court’s previous rulings or were frivolous.

  • September 17, 2018

    U. Of Wis. Head Says Sports Program At Risk If Athletes Paid

    The University of Wisconsin-Madison could drop its athletics program if it has to start paying student-athletes, the head of the university told a federal judge Monday at a landmark antitrust trial over the NCAA's limits on compensation, while an American Athletic Conference commissioner warned that such payments "would intrude on college sports."

  • September 17, 2018

    Judge Boots $1.6M Neiman Marcus Breach Deal And Class

    An Illinois federal judge Monday decertified a consumer class and declined final approval of its $1.6 million deal with Neiman Marcus Group LLC that would have ended an action over credit card data that was exposed in a 2013 breach, finding conflicts between class members.

  • September 17, 2018

    Israeli Gov’t Contractor Settles Securities Suit With $3M Deal

    Ability Inc. agreed to pay $3 million to investors to resolve a securities suit accusing the Israeli government contractor of making misleading financial statements during its bid to buy Cambridge Capital Acquisition Corp., according to a deal approved by a New York federal judge on Monday.

  • September 17, 2018

    Fired Workers Hit IBM With Nationwide Age-Bias Suit

    Three former IBM workers filed a nationwide collective action against the multinational tech company in Manhattan federal court Monday alleging they were fired as part of a campaign to replace older employees with younger ones.

  • September 17, 2018

    Consumers Seek Cert. In Tribe-Linked High Rate Loan Suit

    A proposed class of consumers accusing an online lender tied to a Michigan tribe of issuing loans with unreasonably high interest rates urged a Virginia federal court Friday to grant their bid for certification, saying a class action is the best way to handle their claims.

  • September 17, 2018

    Biopharm Co. Investors Sue Directors In Chancery Over Pay

    Investors in biopharmaceutical company Abeona Therapeutics Inc. sued the company’s nonemployee directors and top officers on the company’s behalf Monday, alleging in Delaware Chancery Court that nonemployee board members are “grossly” overcompensated despite woeful business performance.

  • September 17, 2018

    Film Crew For Indie Mob Comedy Files Wage Suit In Pa.

    Members of a film crew working on an independent comedy about the mob featuring actors from HBO's "The Sopranos" filed a wage and hour class action in Pennsylvania state court Monday alleging they weren't paid for the last two weeks of their work on the movie's Philadelphia set.

  • September 17, 2018

    EEOC Accuses Taco Chain Of Gender Bias, Sex Harassment

    The U.S. Equal Employment Opportunity Commission sued Del Taco LLC in California federal court on Monday, claiming the fast food restaurant chain discriminated against a putative class of its female employees and subjected them to sexual harassment.

  • September 17, 2018

    Martha's Vineyard Golf Club Exempt From OT Pay, Judge Says

    A Massachusetts federal judge on Monday ruled that a tony Martha's Vineyard golf club that has welcomed such luminaries as President Barack Obama and NBA star Steph Curry doesn’t have to pay overtime to employees because it’s a seasonal, recreational establishment.

  • September 17, 2018

    Mercedes-Benz Says It Isn't Liable For Defects In Used Cars

    Mercedes-Benz USA has asked a California federal judge to dismiss a proposed consumer class action alleging the company sold them cars with faulty transmissions, with the automaker arguing it can hardly be held responsible when the drivers bought their cars used, fourth-hand and not from Mercedes-Benz dealerships.

  • September 17, 2018

    NSA Must Give Up Info In Olympics Spy Suit, Attendees Say

    A group of 2002 Winter Olympics attendees who claim they were spied on by the U.S. National Security Agency asked a Utah federal court to compel the agency to respond to their discovery requests, saying the NSA is hiding behind invalid state secret objections.

  • September 17, 2018

    Automakers Seek OK For $5.7M In Heater Panel MDL Deals

    Three Japanese manufacturers wrapped up in multidistrict litigation alleging they conspired to hike prices on automobile heater control panels have agreed to pay $5.7 million to escape automakers’ claims, according to a filing in Michigan federal court.

  • September 17, 2018

    UnitedHealth Customers Lose Cert. Bid In Prosthetics Suit

    A proposed class accusing UnitedHealth Group Inc. and two subsidiaries of improperly denying coverage for prosthetic devices in violation of federal benefits law can't have their claims heard as a group, a California federal judge ruled Friday, finding the proposed class definition was too broad.

  • September 17, 2018

    Opioid MDL Stakes Rise For Pharmacy Benefit Cos.

    The nation’s biggest pharmacy benefit management companies should be forced to clamp down on painkiller prescriptions, according to a new motion that raises the stakes for PBMs in multidistrict litigation over the opioid epidemic and contains fresh signs of friction among plaintiffs attorneys.

  • September 17, 2018

    Ulta Shoppers Say Risk Of Buying Used Makeup Justifies Suit

    A proposed class of Ulta Beauty Inc. customers told an Illinois federal judge to reject the makeup retailer’s bid to dismiss their claims the company sold used products, arguing in part that misleading customers about what they were buying is enough to establish standing.

  • September 17, 2018

    NY, NJ Agencies Aim To Dump Suit Over Excessive Toll Fees

    New York and New Jersey transportation agencies asked a federal judge Friday to dump a proposed class action alleging they're slapping motorists with improper fees and excessive penalties from cashless tolls, such as E-ZPass, saying the agencies are well within their authority to go after toll violators.

  • September 17, 2018

    Twitter Gender Bias Suit Delayed During Class Cert. Appeal

    A Twitter employee’s allegations that she was fired unjustly will be paused while an appellate court reconsiders class certification for her gender discrimination claim, a San Francisco judge said Monday, since her accusations of sexism and retaliation “are so intertwined.”

  • September 17, 2018

    Central Fla. Behavioral Hit With Ex-Worker's FMLA Suit

    A former employee accused health care provider Central Florida Behavioral Health Network Inc. of violating the federal Family and Medical Leave Act by not informing her of her rights and firing her despite knowing she had a medical condition and needed ongoing care, according to a lawsuit filed Friday.

Expert Analysis

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Calif. Employer's Guide To Tracking Off-The-Clock Tasks

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Troester v. Starbucks means that all work time may be considered compensable. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC describe how to conduct a time and motion observation study in the context of this decision.