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Class Action

  • October 15, 2018

    Calif. Supreme Court Recuses Itself In Judicial Raises Case

    The entire California Supreme Court has recused itself from an appeal that involves whether the Golden State owes about $36 million worth of back wage and pension payments to a class of more than 3,000 current and former judges.

  • October 15, 2018

    Student-Athletes Ask 9th Circ. To Revive NCAA Wage Suit

    The NCAA and Pac-12 Conference should be considered joint employers of a proposed class of college football players because the sports regulators set limits on pay and work hours, a former student-athlete told the Ninth Circuit on Monday as he sought to revive his wage-and-hour suit against the organizations.

  • October 15, 2018

    Opioid MDL Needs Gov't Docs To Advance, Drugmakers Say

    Opioid makers and pharmacies on Monday backed a special master's ruling that requires local governments suing drugmakers in multidistrict litigation over the opioid epidemic to identify hundreds of prescriptions, saying that so far they've borne the brunt of coughing up discovery information.

  • October 15, 2018

    Hartford's $2B Navigators Buy Draws Del. Disclosure Suit

    A shareholder of The Navigators Group Inc. alleges in a Delaware federal court suit filed Monday that the insurance company and its directors omitted important information from a proxy statement detailing The Hartford Financial Services Group Inc.'s $2.1 billion acquisition of the firm.

  • October 15, 2018

    Pittsburgh's 'Welcome, Stranger' Tax Appeals Contested

    Pittsburgh Public Schools’ “welcome to the neighborhood” policy of appealing property tax assessments for recent residential home sales violated a recent Supreme Court of Pennsylvania ruling barring selective assessment appeals, the attorney for a proposed class action argued before a Commonwealth Court panel Monday.

  • October 15, 2018

    Cohen Milstein Seeks $2.9M In Fees In $17M Opus Bank Deal

    Lead counsel for an investor that reached a $17 million settlement with Opus Bank over claims it misled investors about the quality of its loans has asked a California federal judge for a fee award of $2.89 million, more than $1 million less than the maximum amount the Cohen Milstein Sellers & Toll PLLC attorneys previously said they would seek.

  • October 15, 2018

    3rd Circ. Upholds Hyatt Win In Banquet Wage-And-Hour Suit

    A Third Circuit panel on Friday upheld a lower court's finding that a banquet server who worked at Hyatt's four-star Bellevue Hotel couldn't prove that the hospitality giant stiffed her and others on wages and service charges.

  • October 15, 2018

    Burt's Bees Hit With Accessibility Suit Over Website

    Burt's Bees' website can't be interpreted by screen-reading software used by the visually impaired, according to a discrimination suit filed in New York federal court accusing the skincare company of keeping the blind from purchasing products offered for sale online.

  • October 15, 2018

    Defense Bar Group Blasts Class Cert. In $61M Dish Judgment

    Dish Network should escape a $61 million judgment over unwanted phone calls because some people represented in the suit have not proven injury and courts are split on whether they can qualify as class members, a lawyers’ group has told the Fourth Circuit.

  • October 15, 2018

    Investors Can't Undo $480K Costs In Archstone Buyout Row

    A Colorado federal judge declined Monday to reconsider almost $480,000 in costs awarded to defendants involved in a $22 billion leveraged buyout of the Archstone-Smith real estate investment trust, saying the investors who challenged the buyout should have raised certain arguments against the costs earlier.

  • October 15, 2018

    Energy Drink Falsely Touts Nutritional Supplements, Suit Says

    A consumer has launched a putative class action against energy drink maker Vital Pharmaceuticals Inc. in Illinois federal court, alleging the company’s Bang energy drinks contain none or only small amounts of the nutritional supplement ingredients claimed on the label.

  • October 15, 2018

    Qualcomm Fights Cert. Of 'Biggest Class Action In History'

    Qualcomm has asked the Ninth Circuit to review the certification of a class estimated to cover 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, saying the ruling creates "quite likely the biggest class action in history."

  • October 15, 2018

    Gigamon Seeks Toss Of Suit Over $1.6B Sale To Elliott

    Gigamon Inc. has asked a California federal court to toss a shareholder suit accusing directors of using an inaccurate financial forecast in its proxy statement for a $1.6 billion acquisition offer from hedge fund management firm Elliott Management Corp., with Gigamon saying the forecast it used reflected declines in 2017 revenue growth.

  • October 15, 2018

    Drivers Urge Court To Keep Economic Claims In Air Bag Case

    A group of drivers seeking economic damages against four car companies over the use of defective Takata Corp. air bags urged a Florida federal court on Friday not to dismiss their claims, saying they overpaid for cars they were told were safe but which in reality had a dangerous defect.

  • October 15, 2018

    Justices Asked To Revive Va. Consumers' Hyundai Gas Claims

    Virginia consumers have asked the U.S. Supreme Court to reinstate their claims that Hyundai Motor America Inc. misrepresented the fuel economy of its Elantra cars, saying the Fourth Circuit overstepped in tossing them, since they were already preserved in broader multidistrict litigation in California being reviewed by the Ninth Circuit.

  • October 15, 2018

    Allstate Hit With Pa. Suit Over Car Loss Tax Exclusion

    The Allstate Corp. is facing class claims in Pennsylvania state court accusing the insurer of failing to meet its statutory obligation to include sales tax in its calculation of how much it should pay in compensation for totaled vehicles.

  • October 15, 2018

    Investors Seek Class Cert. In 401(k) Suit Against CenturyLink

    Two investors in a 401(k) plan who have accused CenturyLink Inc. and the investment fiduciary of mismanaging the retirement fund have urged a Colorado federal court to certify the case as a class action.

  • October 15, 2018

    Macquarie Executives Hit With Stock-Drop Suit

    Macquarie Infrastructure Corp. executives misled investors by failing to disclose that the company relied heavily on the demand for an oil product put at risk by industrywide changes, according to a derivative suit filed in New York federal court on Friday.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

Expert Analysis

  • An Unclear Path For Defending Calif. Wage-And-Hour Claims

    Brandon Takahashi

    The California Supreme Court's recent decision in Troester — holding that Starbucks must pay employees for time spent on off-the-clock tasks — is already affecting state wage and hour class actions. One example is a California federal court's recent decision to partially grant class certification in Ser Lao v. H&M, say Brandon Takahashi and Brian Noh of Hinshaw & Culbertson LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Assessing 'Concreteness' Under Spokeo In Northern Illinois

    Alex Egbert

    The U.S. Supreme Court's Spokeo decision left lower courts to flesh out history's and Congress' “important roles” when developing a workable legal standard for deciding whether an intangible injury is sufficiently “concrete.” Not surprisingly, the Northern District of Illinois “concreteness” determinations relying on Congress’ role tend to be ad hoc, say Alex Egbert and Tony Hopp of Steptoe & Johnson LLP.

  • Opinion

    Incorporating Docs By Reference: New 9th Circ. Law Is Flawed

    Brian Sutherland

    In Khoja v. Orexigen Therapeutics, the Ninth Circuit recently concluded that it needed to address “overuse” of documents incorporated by reference in securities cases. But the cure may be worse than the disease, say Brian Sutherland and James Martin of Reed Smith LLP.

  • China Agritech May Cork Repeat TCPA Class Actions

    Ana Tagvoryan

    In Practice Management Support Services v. Cirque du Soleil, an Illinois federal court recently decertified a putative class action alleging Telephone Consumer Protection Act violations. The ruling is an indicator that, following the U.S. Supreme Court's decision in China Agritech v. Resh, courts are starting to rein in abuses of equitable tolling to plug up such interminable class action exposure, say attorneys with Blank Rome LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of China Ag V. Resh

    Seth Aronson

    Earlier this year, the U.S. Supreme Court ruled unanimously in China Agritech v. Resh that statutes of limitations cannot be tolled for subsequent class actions. Here, members of the O'Melveny & Myers LLP team that defended China Agritech describe how an otherwise routine securities case turned into a far-reaching check on serial class actions.

  • Policing Bad Claims In Consolidated Litigation: Part 2

    Danielle Bagwell

    While conducting a pre-suit investigation sufficient to file a lawsuit may seem like a perfunctory enterprise, courts appear increasingly willing to affirm the importance of complying with this requirement — and this issue is particularly ripe in consolidated and multidistrict litigation, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • Clarity On Overlapping Background Check Laws In Calif.

    Timothy St. George

    On Monday, in Connor v. First Student, the California Supreme Court found the state’s Investigative Consumer Reporting Agencies Act was not unconstitutionally vague as applied to employer background checks, despite overlap with the Consumer Credit Reporting Agencies Act. As a result, consumer reporting agencies should carefully review their products to assure compliance, say attorneys with Troutman Sanders LLP.