Class Action

  • January 5, 2018

    Apple Hit With $300K Sanction In Qualcomm Antitrust Row

    A federal magistrate judge in California said Friday he’ll sanction Apple Inc. to the tune of $300,000 for missing a document production deadline in antitrust suits brought against Qualcomm Inc. by the Federal Trade Commission and a putative class of cellphone buyers, after saying in an earlier hearing he wanted to encourage other third parties in the litigation to meet deadlines.

  • January 5, 2018

    TransUnion, Chamber Back Spokeo's High Court Standing Bid

    Spokeo on Friday received a swell of support in its bid to convince the U.S. Supreme Court to revisit Article III standing issues in its dispute over alleged credit reporting inaccuracies, with TransUnion, the U.S. Chamber of Commerce and others arguing the justices' input was again necessary to clear up widespread “chaos and confusion.”

  • January 5, 2018

    9th Circ. Upholds Toss Of Schwab Class Suit Citing SLUSA

    A Ninth Circuit panel has upheld a ruling by a California federal judge last year dismissing two putative class action suits alleging retail broker Charles Schwab violated its duty to customers by sending certain securities orders to UBS Securities rather than seek the best possible venue for their trades, affirming the lower court lacked subject matter jurisdiction.

  • January 5, 2018

    Investors Can’t Prove It Knew Of Medicare Fraud: Chemed

    Chemed Corp. on Friday asked a Delaware federal judge to again nix a shareholder-brought complaint alleging the company failed to prevent Medicare fraud, saying the shareholders still have no proof.

  • January 5, 2018

    Property Co. Faces Follow-On Trial After $2M Wage Verdict

    In the wake of a jury’s $2 million wage verdict, an attorney for Field Asset Services told a California federal judge Friday that the property servicing company acted in good faith when it paid workers as independent contractors, laying out FAS’ defense in a follow-on bench trial over whether its pay practices violated unfair competition laws.

  • January 5, 2018

    Consumer Objects To $8M Atty Fees In Uber 'Safe Rides' Deal

    A member of a class accusing Uber of lying about its "safe rides" fee and the quality of driver background checks asked a California federal judge on Friday to reject the class counsel’s proposed $8.1 million attorneys’ fees, saying the suit’s low risk and short duration don’t justify the figure.

  • January 5, 2018

    $3B Petrobras Accord To Fuel More Shareholder Class Actions

    Brazilian oil giant Petrobras went for the record books when it said it would pay nearly $3 billion to settle a shareholder class action over its corruption scandal, and that stunning sum combined with a key legal ruling in the case will add gas to the booming market for securities class actions, lawyers say.

  • January 5, 2018

    Walmart Looks To Decertify 80K Cashier Seating Class

    Walmart asked a California federal court on Thursday to decertify an 80,000-member class of cashiers alleging the retail giant violated state law by failing to provide them seats, claiming that the members can't provide common answers in light of a recent state high court ruling.

  • January 5, 2018

    Insurer Says It Had No Duty To Defend Yahoo In Email Suits

    An American International Group Inc. subsidiary told a California federal court on Thursday that it had no duty to defend or indemnify Yahoo Inc. in class actions accusing it of scanning certain emails, arguing the internet giant's policies don't cover such broad claims.

  • January 5, 2018

    MBTA Escapes Man's Disability Discrimination Suit

    The Massachusetts Bay Transportation Authority was freed by a federal judge on Friday from a lawsuit in which a disabled man who was injured at one of its subway stations accused it of discrimination and negligence.

  • January 5, 2018

    Starbucks Wins Toss Of Underfilled Latte Class Action

    Starbucks Corp. beat a proposed class action alleging the company was ripping off customers by underfilling lattes and mochas when a California federal judge ruled Friday that a reasonable consumer would expect milk foam — a component of a regular latte — to take up volume in the drink cup.

  • January 5, 2018

    Time-Share Owners Say Fla. County Can't Escape Marriott Suit

    Time-share purchasers alleging Marriott Ownership Resorts Inc. and its insurer duped them into invalid real estate deals urged a Florida federal judge on Thursday not to dismiss Orange County, Florida, from their suit, arguing it breached its official duties by improperly recording trust instruments and collecting taxes.

  • January 5, 2018

    Panera Workers Prevail In Buyout Caps Row At 8th Circ.

    An Eighth Circuit panel on Friday backed a quick win given to a class of current and former Panera Bread employees in their suit claiming the chain unjustly imposed “buyout” caps on the amount it was willing to pay them at the end of a profit-sharing program.

  • January 5, 2018

    GEICO Customers Seek Class Cert. In Car Tax Payment Suit

    Litigation against the GEICO insurance company for failing to pay for sales tax and transfer fees when vehicles are totaled should proceed as a class action, attorneys for a car accident victim argued in a motion filed in a Florida federal court Thursday.

  • January 5, 2018

    Pa. Shale Landowners Want Arbitration Ruling Revisited

    More than 600 Marcellus Shale landowners asked a Pennsylvania federal court Thursday to reconsider its refusal to permit "class" arbitration in their gas royalties fight with Chesapeake Energy Corp. and others, arguing they want their individual claims arbitrated together, not as a class.

  • January 5, 2018

    Arpaio Deputy Must Pay Partial Atty Fees Over Appeal

    The Ninth Circuit granted partial attorneys' fees to a class that accused the former Maricopa County Sheriff Joe Arpaio of profiling Latinos in traffic stops, finding that the class could recover partial attorneys' fees and costs associated with his deputy’s appeal.

  • January 5, 2018

    UNC Med School Gets No-Hires Antitrust Settlement Cleared

    A North Carolina federal judge on Thursday signed off on a settlement under which the University of North Carolina School of Medicine agrees to a prohibition on no-hire arrangements, leaving only the Duke University School of Medicine to face antitrust allegations and damages claims from an instructor.

  • January 5, 2018

    NY Surgical Instruments Co. Hit With Junk-Fax Claims

    A New York medical equipment company was slapped Thursday with a putative class action from a group of businesses that told a Northern Illinois federal court they had been inundated with unauthorized faxes from the company.

  • January 5, 2018

    Utah Wants Gold King Mine Suit Halted For Deal Talks

    Utah urged a Utah federal judge on Thursday to halt its suit over the Gold King Mine spill pending a U.S. Judicial Panel on Multidistrict Litigation decision on transferring the case to an MDL and while the state talks settlement with the federal government.

  • January 4, 2018

    Intel Hit With Consumer Class Action Over Security Issue

    Less than 24 hours after Intel Corp. announced a potentially performance-slowing fix to an alleged security defect in its nearly ubiquitous chips, the company was hit with a proposed class action in California by consumers who on Wednesday said the technology giant's patch doesn't make Intel users whole.

Expert Analysis

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Opinion

    Calif. Law Should Lead The Way For Consumer Protection

    Brian Kabateck

    Following the recent repeal of the Consumer Financial Protection Bureau’s arbitration rule, the scales of justice are now tipped in favor of bankers and big business. However, state lawmakers, lawyers and consumer advocates in California are leading the nation in cracking down on financial fraud, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • A New, Relaxed Standard For Class Cert. In Securities Cases

    Brian Headshot.jpg

    After the Second Circuit’s decision last week in Waggoner v. Barclays, it should be easier for securities fraud plaintiffs to win class certification when their cases involve securities that are not listed on national exchanges, says Brian Lehman of The Lehman Law Group.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Series

    What I Learned In My 1st Year: Get Real, But Get It Right

    Dawn Reddy Solowey

    At my first job out of law school, I handled prepublication review of stories for local TV news and newspapers. With little time for legal research, I had to know the rules cold, how to apply them, and how to make judgment calls when the answer was more gray than black or white, says Dawn Reddy Solowey of Seyfarth Shaw LLP.