Class Action

  • December 4, 2017

    Keurig Green Mountain Can't Stop K-Cup Monopoly Suits

    A New York federal judge rejected requests by Keurig Green Mountain Inc. to dismiss multiple lawsuits brought by direct purchasers of K-Cup coffee pods, alleging its coffee maker freezes out competitors’ coffee cups as part of an anti-competitive scheme.

  • December 4, 2017

    Quicken Loans Secretly Tracked E-Visitors, Suit Says

    Quicken Loans Inc. is facing a proposed class action from a New Jersey resident who claims the bank breached federal wiretap laws by installing software on its website that secretly tracked visitors’ keystrokes and clicks in an attempt to unearth their names and addresses.

  • December 4, 2017

    Los Angeles Is The Latest City To Sue Uber Over Data Breach

    The city of Los Angeles on Monday became the latest local government to sue Uber Technologies Inc. over its alleged attempts to cover up a 2016 hacking incident, claiming the tech giant violated California law by failing to notify drivers about the breach.

  • December 4, 2017

    NY Solar Co. Hits Bankruptcy After Abrupt Layoffs

    Level Solar Inc. filed for Chapter 11 bankruptcy protection in New York on Monday with plans to investigate its former CEO, a little more than two months after the residential solar panel installer was accused of abruptly closing its doors and terminating all employees without legally required advanced warning.

  • December 4, 2017

    Target, Kraft Needn't Share Docs In Parmesan Labeling Fight

    An Illinois federal judge won’t make Kraft Heinz, Target and other companies turn over information while he weighs claims they misled consumers by labeling cans containing Parmesan and fillers “100% grated Parmesan cheese,” saying the expense isn’t necessary at this point.

  • December 4, 2017

    Investors Tell 1st Circ. Sarepta Hid FDA Testing Issues

    A group of shareholders asked the First Circuit on Monday to revive their securities class action claiming executives at Sarepta Therapeutics Inc. selectively omitted facts and misled investors in 2014 about the clinical trial and regulatory outlook of a treatment for the most common form of muscular dystrophy called Duchenne.

  • December 4, 2017

    Consumers Denied Cert. In Auto-Lender TCPA Suit

    A Maryland federal judge has refused to allow an automobile finance company to duck a suit accusing it of violating federal telemarketing laws by autodialing consumers who told them to stop, but blocked consumers’ bid for class certification after finding they made no distinction on those who’d given their consent to receive calls had later revoked it or not.

  • December 4, 2017

    LPL Asks Calif. Judge To Nix Stock-Drop Suit For Good

    The largest U.S. independent broker-dealer urged a California federal judge on Friday to toss a proposed class action accusing it of covering up "severely disappointing" financial results while a major private equity backer cashed out to the tune of $187 million, saying the investors behind the suit haven't fixed the problems that got their last complaint thrown out.

  • December 4, 2017

    SolarCity Investors Fight To Revive Suit At 9th Circ.

    SolarCity Corp.’s investors urged the Ninth Circuit on Monday to revive a proposed shareholder class action alleging the solar energy company intentionally overstated its profits by $23 million in 2012, arguing that the allegations are enough to show SolarCity’s misrepresentation was more than just an accidental accounting error.

  • December 4, 2017

    Judge Vetoes Virtus Mutual Fund Investors’ 2nd Jab At Cert

    A New York federal judge rejected a request by mutual fund investors to update their fraud suit against Virtus Investment Partners Inc. on Monday, saying the update would require relitigating several motions and wouldn’t change the outcome of their failed bid for class certification.

  • December 4, 2017

    5th Circ. Won't Rehear Intervention Bid In Walmart Bias Case

    In a split decision Friday, the Fifth Circuit declined to rehear its decision stating that a lower court had the authority to hear a motion by female Walmart employees to intervene in a settled gender discrimination putative class action.

  • December 4, 2017

    Burberry Escapes Class Action Over Pricing At Outlets

    Burberry on Friday won out of a suit brought by a proposed class of shoppers who claim the luxury retailer’s outlet stores misled them into believing they were purchasing goods at a bargain, as a New York federal judge ruled the consumers did not suffer an actual injury.

  • December 4, 2017

    Justices Dubious Of Letting Hamas Victims Seize Iran Artifacts

    Victims of a 1997 Hamas bombing faced tough questioning from the U.S. Supreme Court on Monday as they sought permission to seize ancient Persian artifacts held by the University of Chicago to satisfy a $71.5 million judgment against Iran.

  • December 4, 2017

    Dannon 'Natural' Yogurt Labeling Suit Axed

    A New York federal judge on Sunday axed a proposed class action alleging Dannon yogurt is falsely labeled as “natural” since the cows may have eaten genetically modified feed, saying there’s no support for the notion a cow fed GMOs produces “unnatural” products.

  • December 4, 2017

    Restaurant Group Workers Get $4M FLSA Settlement

    Thousands of servers alleging they were underpaid by a group of national restaurant chains asked a Missouri federal court Friday to approve a $4 million settlement, telling the court the deal should be cleared because there have been no objections.

  • December 4, 2017

    Justices Won't Review Airlines' $40M One-Size-Fits-All Deal

    The U.S. Supreme Court on Monday declined to review a $39.5 million settlement in antitrust multidistrict litigation accusing Societe Air France, Japan Airlines and other airlines of fixing prices for transpacific flights, leaving untouched a deal that was challenged for purportedly having intraclass conflicts.

  • December 4, 2017

    Food Cos. Can't Flee Suit Claiming Squid Sold As Octopus

    A Miami-based food vendor and its supplier can't escape a proposed consumer class action accusing them of misrepresenting their squid as octopus in an effort to boost profits, a California federal court ruled Friday as the proposed class amended its initial complaint.

  • December 4, 2017

    ESPN Ruling Further Narrows Video Privacy Law's Reach

    The Ninth Circuit’s recent ruling that ESPN didn't violate the Video Privacy Protection Act by disclosing app users’ data to an analytics company deals yet another blow to plaintiffs’ efforts to expand liability under the statute to cover streaming services and other new technologies, attorneys say.

  • December 4, 2017

    Justices Ask SG To Weigh In On Merck's Fosamax MDL

    The U.S. Supreme Court on Monday asked the solicitor general to weigh in on an attempt to end multidistrict litigation against Merck Sharp & Dohme Corp. over its alleged failure to warn about fracture risks from its osteoporosis drug Fosamax that hinges on a U.S. Food and Drug Administration decision.

  • December 4, 2017

    Nissan, Drivers Reach Deal In Timing-Chain Defect Suit

    Nissan North America Inc. agreed Friday in California federal court to partially reimburse drivers who claimed the automaker concealed a defectively designed timing chain tensioning system, allocating costs to repair the component or offering a voucher toward the purchase of a new car.

Expert Analysis

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.

  • 9th Circ. Endangers Mass Action Removal Under CAFA

    Emily Pincow

    Congress adopted the Class Action Fairness Act of 2005 to make it more difficult for plaintiffs attorneys to defeat diversity jurisdiction and removal to federal court. But the Ninth Circuit’s decision in Dunson v. Cordis Corp. allows plaintiffs to avoid federal court and leaves corporations with no clear guidance, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. Addresses Lower Court Split On False Ad Cases

    Cortlin Lannin

    Last week, the Ninth Circuit's decision in Davidson v. Kimberly-Clark answered a question that has long split the district courts in that circuit: whether a plaintiff in federal court who was previously deceived by allegedly false or misleading advertising possesses Article III standing to seek an injunction targeting that advertising, even when she has become aware of the truth about the product, says Cortlin Lannin of Covington & Burling LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • How The 3rd Circ. Stripped Down The 'Bare Metal' Defense

    Cory Lapin

    After the Third Circuit's recent decision in the Asbestos Products Liability Litigation case, manufacturers within the court's jurisdiction should not expect claims against them to be dismissed under a “bare metal" defense, unless they can show that they could not have known that asbestos would later be added to their products, says Cory Lapin of Manion Gaynor & Manning LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.