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Class Action

  • June 13, 2018

    MIT Wants Answers In Employees' Suit Over Retirement Plan

    The Massachusetts Institute of Technology on Tuesday blasted employees who have accused the university of mismanaging its retirement plan for refusing to cough up "elementary information" such as which particular investment options they contend performed badly or cost too much.

  • June 13, 2018

    Muscular Dystrophy Drug Co. Seeks To Stall Derivative Suit

    Solid Biosciences Inc. told a Massachusetts judge on Wednesday that a shareholder derivative lawsuit should be put on hold because it too closely resembles a securities class action proceeding in federal court, both of which contend the company lied about its leading drug candidate before an initial public offering.

  • June 13, 2018

    Ex-Athletes Say NCAA Playing Games With Witness Lists

    A group of former college athletes challenging the NCAA’s rules restricting their compensation told a California federal judge Tuesday they have not been allowed to depose four key witnesses before an upcoming trial.

  • June 13, 2018

    New GM Questions Scope Of Ch. 11 Defect Deal

    General Motors LLC is questioning whether a proposed bankruptcy court settlement over legacy ignition switch lawsuits could possibly cover a proposed class of 11.4 million people and cost the carmaker $1 billion in new stock even though only a few hundred individuals have filed Chapter 11 claims.

  • June 13, 2018

    Wash. Gov. Moves To Counteract High Court's Epic Ruling

    Washington Democratic Gov. Jay Inslee on Tuesday directed state agencies to whenever possible contract with businesses that do not require workers to submit to mandatory individual arbitration, following the U.S. Supreme Court’s landmark Epic Systems decision to bless employers’ use of employment agreements that bar workers from bringing class actions.

  • June 13, 2018

    Ill. Steel Maker Sued Over Biometric Employee Tracking

    A former employee at steel maker A. Finkl & Sons Co. hit the company with a proposed class action on Wednesday over its employee timekeeping system that uses handprints to track when workers begin and end their days.

  • June 13, 2018

    Renter Slams 'Absurd' Dismissal Bid In Avis Insurance Row

    A consumer suing Avis Budget Car Rental LLC in a long-running class action over alleged insurance coverage fraud told a Florida federal court on Tuesday that the car rental company’s recent bid to toss the case relied on the “absurd” and contradictory position that she did not have standing to state a claim.

  • June 13, 2018

    PayPal Wins Bid To Force Charity Class Suit Into Arbitration

    An Illinois federal judge on Tuesday sent a proposed class action over how PayPal distributes charitable donations into arbitration, ruling the charities can't escape an arbitration provision in the payment website’s user agreement.

  • June 13, 2018

    Facebook Rips $129M Class Fee Bid In Zuckerberg Stock Suit

    Attorneys for Facebook rejected claims late Wednesday that class attorneys deserve a $129 million fee for a Delaware Chancery Court suit challenging a stock reclassification seen as assuring founder Mark Zuckerberg’s continued control, suggesting instead an up to $19.9 million fee.

  • June 13, 2018

    Travelers, Becton Strike Settlement In $167M Coverage Row

    Travelers Casualty and Surety Co. and Becton Dickinson and Co. told a New Jersey federal court on Wednesday that they have reached a settlement in a dispute over defense costs and $167 million in settlement payments in antitrust class actions.

  • June 13, 2018

    4th Circ. Revives Optometrists' Data Breach Suit

    A panel of the Fourth Circuit vacated a district court’s dismissal of proposed class actions by optometrists over the impact of a suspected data breach at the National Board of Examiners in Optometry Inc. that leaked their personal information, finding the optometrists had standing to sue the organization.

  • June 13, 2018

    Penn State Alumnus Defends Suit Over Frat Member's Death

    A former board member and alumnus of a Pennsylvania State University fraternity suing current fraternity board members for allegedly allowing rampant illegal alcohol consumption that lead to a student's death has argued that the board members’ motion to dismiss lacks any evidence and relies on semantic technicalities.

  • June 13, 2018

    Biotech Co. Pens $18.5M Deal In Investor Fraud Class Action

    Investors in Osiris Therapeutics Inc. told a Maryland federal judge on Tuesday that they had reached an $18.5 million settlement with the biotech research company over allegations it artificially inflated reported revenues and misled shareholders about its revenue growth.

  • June 13, 2018

    BCBS Can Appeal Ruling That Limits Antitrust MDL Defense

    An Alabama federal judge Tuesday gave his blessing to a bid by Blue Cross Blue Shield plans facing a multidistrict antitrust suit for an immediate appeal of a ruling that bars the health insurer from arguing there were pro-competitive benefits from alleged collaboration between the plans.

  • June 13, 2018

    Insys Can't Duck Investor Suit Over Opioid Spray's Financials

    Insys Therapeutics Inc. and its top brass largely lost their bid to boot an investor's fraud suit Tuesday when a New York federal judge found the complaint had adequately tied the company's alleged misstatements to a concrete loss, allowing the proposed shareholder action accusing Insys of overstating its fentanyl spray's financial strength to move forward.

  • June 12, 2018

    J&J Secretly Funded Talc Study, Atty Claims

    Johnson & Johnson secretly funded research that found talcum powder does not cause ovarian cancer through the law firm of Crowell & Moring LLP, an attorney for 22 women suing the pharma conglomerate told a St. Louis jury Tuesday.

  • June 12, 2018

    Costco Shoppers Ask. 9th Circ. To Revive Slave Labor Suit

    Costco shoppers asked the Ninth Circuit on Tuesday to revive their false advertising class action claiming the retailer knowingly sold shrimp farmed with slave labor while touting its anti-human rights abuse policy, saying the court’s recent ruling for Mars Inc. in another case differed because the candy maker hadn’t advertised its human rights policies.

  • June 12, 2018

    College Athletes, Fantasy Cos. Spar Over Use Of Stats

    A trio of college athletes have argued that daily fantasy sports operators DraftKings and FanDuel are wrongly relying on a precedent that allows fantasy sports to use the statistical information from games to try to escape a proposed publicity rights class action that has landed before the Indiana Supreme Court.

  • June 12, 2018

    Ex-Cowboys Cheerleader Files FLSA, Equal Pay Class Action

    A former Dallas Cowboys cheerleader filed a putative class action in Texas federal court Tuesday, alleging the NFL team violated the Fair Labor Standards Act and the Equal Pay Act by failing to pay proper overtime and for paying her less than "Rowdy," the team mascot, who is male.

  • June 12, 2018

    Disabled Riders Tell NY Transit Agencies Trains Inaccessible

    Disabled riders hit New York’s Metropolitan Transit Authority and the Long Island Rail Road Co. with a proposed class action on Monday claiming they fail to make trains accessible, sometimes leaving them “essentially trapped” on rail cars.

Expert Analysis

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Litigation Funding Bill Lacks Policy Rationale

    Matthew Harrison

    Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.

  • When 403(b) Prudence Claims Survive Dismissal

    Arthur Marrapese

    In Vellali v. Yale University, the U.S. District Court for the District of Connecticut recently granted in part and denied in part a motion to dismiss a lawsuit against Yale’s 403(b) plan fiduciaries. Arthur Marrapese of Barclay Damon LLP compares this to decisions in other similar cases, and offers insight on the future of these kinds of claims in the Second Circuit.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.