Class Action

  • May 16, 2018

    Novartis, Par Hit With Pay-For-Delay Suit Over Exforge

    Novartis Pharmaceuticals Corp. was able to keep a generic of its hypertension drug Exforge off the market for years by agreeing to let Par Pharmaceutical Inc. have six months of generic exclusivity, a deal that shunned competition and kept prices higher, according to a proposed class action filed in New York federal court Wednesday.

  • May 16, 2018

    NYU Committee's Know-How Under Fire At ERISA Trial's End

    A federal judge on Wednesday grilled a DLA Piper partner during closing arguments in an Employee Retirement Income Security Act class action accusing New York University of mismanaging workers' retirement savings, repeatedly interrupting the attorney to question whether NYU's retirement committee members knew enough to oversee the school's two multibillion-dollar plans.

  • May 16, 2018

    Ill. Jury Finds For AbbVie In AndroGel Bellwether Trial

    An Illinois federal jury on Tuesday sided with AbbVie Inc. in the fifth bellwether trial in multidistrict litigation over its testosterone replacement therapy drug AndroGel, finding that the drug didn't cause an Arizona man to develop blood clots in his lungs.

  • May 16, 2018

    Verizon, Sprint Can’t Duck Local Carrier Fees In MDL

    Verizon and Sprint can't avoid paying local access charges even for wireless users making local calls, a Texas federal judge has ruled, granting a win on counterclaims lobbed by hundreds of local exchange carriers against the multidistrict litigation the telecom giants launched with allegations of overbilling.

  • May 16, 2018

    AT&T Customers Can’t Accelerate NSA Docs Hearing

    A California federal judge summarily refused Wednesday to accelerate a hearing considering access to classified materials sought by AT&T customers pursuing a putative class action over records collected by the National Security Agency.

  • May 16, 2018

    Venture Capitalist Wants Out Of Tezos Token Offering Suit

    A venture capitalist and his firm asked a California federal judge on Tuesday to boot them from a consolidated action accusing the Tezos blockchain network’s executives of offering Tezos tokens as unregistered securities, saying they had no hand in the alleged securities violations.

  • May 16, 2018

    EB-5 Investor Suit Against Jay Peak Owner Dismissed

    A Florida federal judge dismissed an investor class suit against Jay Peak ski resort owner Ariel Quiros over his alleged role in a $350 million EB-5 visa fraud suit, ruling that the investors don't have standing to bring the claims, which he said would allow them to "double dip" on recoveries.

  • May 16, 2018

    Auto Parts Maker Reaches $5.2M Deal To Leave Antitrust MDL

    Japanese auto parts manufacturer Toyo Denso Co. Ltd. and its subsidiary Weastec Inc. agreed to pay approximately $5.2 million to settle a proposed class action from consumers alleging they conspired to fix the prices of ignition and power window parts, according to documents filed in Michigan federal court Wednesday.

  • May 16, 2018

    Ex-Franklin Templeton Worker Seeks Cert. In 401(k) Row

    A former Franklin Templeton employee asked a California federal court on Tuesday to certify her proposed class of more than 5,000 members over allegations the company's 401(k) plan was mismanaged and full of poorly performing in-house mutual funds.

  • May 16, 2018

    Chicken Cos. Hit With Another Price-Fixing Suit In Illinois

    U.S. meat distributors and grocery stores banded together Wednesday to bring another federal antitrust lawsuit in Illinois alleging a conspiracy among major poultry producers, saying this case sheds light on the yearslong activities of a cartel of American companies that illegally fixed broiler-chicken prices.

  • May 16, 2018

    BNY Investors Move For Class Cert. In ADR Overcharge Suit

    Investors in the Bank of New York Mellon urged a New York federal court on Tuesday to certify their class of American depositary receipt holders who were allegedly overcharged during the bank’s conversion of foreign-currency dividends to U.S. dollars.

  • May 16, 2018

    Boston Cabbie Fights Uber’s Bid To Escape Antitrust Claims

    A Boston cab driver alleging Uber monopolized the market by helping its drivers circumvent local taxi rules asked a Massachusetts federal court Wednesday to preserve his antitrust claims, saying the ride-hailing giant is trying to hold his proposed class action to an “unrealistic and legally unsupportable higher pleading standard.”

  • May 16, 2018

    Titan Of The Plaintiffs Bar: Susman Godfrey's Bill Carmody

    Bill Carmody of Susman Godfrey LLP helped investors in the sprawling multidistrict litigation over alleged manipulation of Libor land a $130 million settlement with Citigroup last year, and also scored a judgment worth more than $100 million for General Electric after a jury verdict in a contract dispute, landing him among Law360’s 2018 Titans of the Plaintiffs Bar.

  • May 16, 2018

    5th Circ. Kicks HomeAway Rental Fee Suits To Arbitration

    Two separate lawsuits brought by homeowners who accused short-term vacation rental website HomeAway Inc. of breaking state laws by deciding it would impose service fees for travelers must be arbitrated, per an agreement between the parties, the Fifth Circuit has determined.

  • May 16, 2018

    Iconic NYC Restaurant Seeks More Time To Answer Wage Suit

    An attorney for the popular Roberto’s Italian restaurant in the Bronx asked a New York federal judge Tuesday for more time to answer a former waiter’s proposed wage-and-hour collective action, saying the ex-worker's lawyers have consented to the extension request even though the restaurant missed its original April 13 deadline to respond to the suit.

  • May 16, 2018

    Food Cos. Escape Suit Claiming Squid Sold As Octopus

    A Miami-based food vendor and its supplier escaped a proposed consumer class action in California federal court accusing them of misrepresenting their squid as octopus, when the judge ruled the latest complaint did not sufficiently meet a threshold requirement showing each class member's relation to the state.

  • May 16, 2018

    Equifax Faces Pa. Consumer Suit Over Report Accuracy

    Equifax Information Services LLC has been slapped with a proposed consumer class action in Philadelphia, with the credit reporting giant accused of shoddy research practices that can result in tax liens and other judgments staying on consumers’ credit reports even after the liens and judgments have been paid off or dismissed.

  • May 15, 2018

    Uber's Move Away From Arbitration Falls Short, Attys Say

    Uber won plaudits Tuesday with its announcement that it would no longer steer sexual misconduct claims into arbitration, but critics were quick to pump the brakes on the praise, noting that the ride-hailing giant can still use arbitration to keep class actions from seeing their day in court.

  • May 15, 2018

    Class Seeks Quick Win Over Scratch-Off Sweepstakes Mailers

    A class of consumers alleging a scratch-off sweepstakes card deceived them into thinking they had won a prize asked an Illinois federal judge Tuesday for a quick win against HMI Industries, arguing it proved the air filtration company is liable for shoddy business practices under state law.

  • May 15, 2018

    Anheuser's $108B Merger Drained Competition, 9th Circ. Told

    A group of beer drinkers urged the Ninth Circuit during Tuesday arguments to revive their antitrust suit seeking to unwind Anheuser-Busch InBev’s $108 billion merger with SABMiller, arguing that although the deal didn’t increase Anheuser-Busch’s market share, it harmed consumers by cutting the number of major brewers in America from three to two.

Expert Analysis

  • Plaintiff Discovery Tips For Employment Discrimination Cases

    Excerpt from Lexis Practice Advisor
    William Jhaveri-Weeks

    The scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases includes limitations that defendants often attempt to assert. San Francisco-based attorney William Jhaveri-Weeks addresses how to use the different mechanisms for obtaining discovery effectively, and the types of cases and discovery disputes that often occur.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • A Setback For FCPA-Based Securities Class Actions

    Mauricio España

    The Southern District of New York's recent dismissal of a securities class action against Embraer provides hope that not every Foreign Corrupt Practices Act settlement will give rise to expensive private litigation, say attorneys with Dechert LLP.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Food Advertising: Don’t Wing It, Or You Will Face The Heat

    Steven Steinborn

    Companies can’t always take preemptive action to avoid every potential false advertising lawsuit. But a New York federal court's recent decision in Borenkoff v. Buffalo Wild Wings demonstrates that effective marketing and minimizing risk are entirely compatible objectives, say attorneys with Hogan Lovells.

  • Equifax Cybersecurity Ruling Heightens Risk For Companies

    Heather Egan Sussman

    The Superior Court of Massachusetts' recent Equifax decision — the first-ever court ruling on allegations made by a state attorney general in cybersecurity litigation — is notable for siding with Attorney General Maura Healey on several key issues of concern to all companies that collect personal information, say attorneys with Ropes & Gray LLP.

  • When Your Trademark Is A False Advertisement

    Mike Justus

    False advertising issues continue to plague brand names and trademarks in a variety of forums and contexts. Recent legal trends are instructive for trademark and advertising counsel, says Mike Justus of Katten Muchin Rosenman LLP.

  • Why Texas Contractors Should Watch Lon Smith V. Key

    Brett Wallingford

    Many Texas contractors offer to handle insurance claims for their homeowner customers, but the Texas Supreme Court is currently considering whether to hear an appeal of a case that could deem such actions illegal, rendering their contracts void and unenforceable, says Brett Wallingford of Zelle LLP.