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Class Action

  • January 14, 2019

    Robitussin Buyer Seeks Cert. In Label Suit Against Pfizer

    A consumer who claims Pfizer Inc. was deceitful about the "maximum strength" of its cough medicine Robitussin has asked an Illinois federal judge to certify a nationwide class of buyers who allegedly paid more for a weaker product.

  • January 14, 2019

    Auto Parts Co. Threatens US Exit Over Price-Fixing: Plaintiffs

    A Taiwanese auto parts company has threatened to pull out of the U.S. market if a proposed class of consumers accusing the company of price-fixing keeps pushing for a default judgment instead of accepting a $500,000 settlement the consumers had already rejected, the plaintiffs told a Wisconsin federal court.

  • January 14, 2019

    Empower Won't Face 401(k) Plan Participant's Kickback Suit

    A participant in a 401(k) plan serviced by Empower Retirement agreed Monday to drop a proposed class action accusing the company of investing plan assets in mutual funds in exchange for kickbacks as part of a "pay-to-play scheme." 

  • January 14, 2019

    J&J Faces Retrial After $151M Hip Implant Loss Reversed

    Johnson & Johnson will face off this week in Texas federal court against five plaintiffs who claimed they received defective hip implants and whose $151 million award in the first trial was tossed over misleading expert witness testimony.

  • January 14, 2019

    Doorstep Delivery FLSA Suit Settled After Decertification

    Doorstep Delivery has been able to settle a driver’s Fair Labor Standards Act suit against the food delivery service claiming that he was misclassified as an independent contractor and not properly paid overtime.

  • January 14, 2019

    Teva Tries To Nix Investors' 'Defective' Price-Hike Suit

    Teva Pharmaceutical Industries Ltd. and its executives doubled down on their efforts to toss securities claims from investors, who say the drugmaker engaged in a price-hike scheme and misled them about its resulting profit growth, arguing in Connecticut federal court Friday they presented no evidence.

  • January 14, 2019

    Pittsburgh Firm Botched Case, Paid For Reviews, Suit Says

    A proposed class action in Pennsylvania state court has accused Kraemer Manes & Associates of botching a Pittsburgh woman’s federal harassment case by missing the statute of limitations while also inflating its reputation through soliciting five-star reviews from non-clients.

  • January 14, 2019

    Ill. Landowners Ask Justices To Revive Suit Against Tax Hikes

    A class of Illinois property owners has asked the U.S. Supreme Court to overturn a Seventh Circuit decision barring a suit that alleges an Illinois county disproportionately raised taxes on industrial and commercial properties in a township.

  • January 14, 2019

    Ill. Residents Ask For Class Cert. In Oil Spill Row

    Two Illinois residents have asked a federal judge to certify a class of about 4,400 households located near the site of a 4,200-gallon crude oil spill from a pipeline built by Plains All American Pipeline LP, asserting that a common event linked the similar claims.

  • January 14, 2019

    Feds Ask 9th Circ. To Delay Flores Appeal During Shutdown

    The Trump administration asked the Ninth Circuit to postpone its appeal of a federal judge’s refusal to loosen standards of care for children detained in immigration custody, saying that regulatory processes that have been halted due to the partial government shutdown might affect the case.

  • January 14, 2019

    Cboe Investors Denied Names In VIX Manipulation MDL

    Chicago Board Options Exchange investors will have to weather Cboe Global Markets Inc.'s dismissal bid before trying to get the names of traders who allegedly manipulated the exchange's volatility index, or VIX, after an Illinois federal judge on Friday refused to grant an early discovery peek in the multidistrict litigation.

  • January 14, 2019

    Med Tech Co.'s Jurisdiction Appeal Is Improper, Judge Says

    A Philadelphia County judge has told a Pennsylvania appeals court to shut down a medical device distributor appeal of his jurisdiction decision in a mass tort program over allegedly defective vein filters, saying the appeal is precluded by state law.

  • January 14, 2019

    Rail Gear Workers Say No Market Needed For No-Poach Suits

    Former Knorr-Bremse AG and Wabtec Corp. employees blasted the rail equipment suppliers Friday in Pennsylvania federal court for trying to duck consolidated cases in multidistrict litigation over deals not to poach each other's workers, arguing no market need be identified to challenge agreements that were illegal on their face.

  • January 14, 2019

    Calif. Denny's Workers Ask To Send Wage Suit To State Court

    A proposed class of Denny's employees asked a California federal court on Friday to send its wage suit back to state court, arguing that the restaurant company was unable to prove the amount in controversy will likely exceed $5 million, as required by U.S. law.

  • January 14, 2019

    Fitbit Mid-Case Appeal Rejected In Chancery Class Suit

    A Delaware vice chancellor on Monday rejected a Fitbit Inc. bid for state Supreme Court review of a decision that kept alive a $386 million stockholder insider trading and fiduciary breach lawsuit, saying there were reasons to go forward but none to justify early appeal.

  • January 14, 2019

    Supreme Court Again Refuses To Hear KBR Burn Pit Suit

    The U.S. Supreme Court on Monday refused for the second time to hear a dispute over KBR’s liability for servicemembers’ illnesses allegedly caused by toxic burn pit fumes and unclean water at overseas military bases, an issue a circuit court had ruled involved a “political question” immune from review.

  • January 14, 2019

    Nationstar Inks $6.5M Deal Over Secretly Taping Customers

    Nationstar Mortgage reached a $6.5 million proposed settlement Friday with a class of California customers who claim their calls with the loan company were recorded without their knowledge or permission, violating state law, according to a joint motion filed in California federal court.

  • January 14, 2019

    Tesla Model 3 Disclosures 'Meaningless,' Investors Say

    Investors on Friday told a California federal judge that Tesla Inc. already knew about extensive problems associated with production on its Model 3 sedan when it publicized "meaningless" hypothetical risks to its production process, so it cannot dodge a proposed class action claiming it misled investors.

  • January 14, 2019

    Fla. Sports Bar To Face Overtime Suit In Federal Court

    A proposed collective action filed in Florida state court accusing Juana's Latin Sports Bar and Grill of failing to pay its servers the time-and-a-half overtime rate and earned tips was removed to federal court on Friday at the request of the restaurant.

  • January 14, 2019

    High Court Wants SG's Take On Toshiba Stock-Drop Dispute

    The U.S. Supreme Court is asking the U.S. solicitor general to weigh in on the Ninth Circuit's revival of a suit alleging that misstatements made by Toshiba Corp. tanked the price of domestic securities linked to the company's common stock in Japan, a decision that arguably splits with a previous Second Circuit holding.

Expert Analysis

  • Q&A

    BigLaw Alums Q&A: Mark Migdal's Lara O'Donnell Grillo

    Lara O’Donnell Grillo

    BigLaw firms tended to be inflexible, with methods that were inconsistent with how I wanted to practice law. There were many time-wasting aspects of the practice, says Lara O’Donnell Grillo of Mark Migdal & Hayden.

  • The Latest On Bristol-Myers' Class Action Application

    Ted Holt

    The U.S. Supreme Court's Bristol-Myers Squibb opinion left open the question of whether the personal jurisdiction holding extends to nationwide class actions. While no circuit court of appeals has weighed in, the Fifth Circuit and the D.C. Circuit are on the verge of doing so, say Ted Holt and Mary Caroline Wynn of Maynard Cooper & Gale PC.

  • A Series Of Avoidable Missteps In PLX Sale

    Gail Weinstein

    It takes an extraordinary series of mistakes for a stockholder or a banker to be found to have aided and abetted a board’s fiduciary breaches. The Delaware Chancery Court's decision last month in a shareholder suit following PLX Technology's acquisition illustrates the errors and how they can be readily avoided, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • High Court Junk Fax Case Is Not Just About Junk Faxes

    David Gettings

    Depending on the U.S. Supreme Court’s eventual decision in PDR Network v. Carlton & Harris Chiropractic — a case involving junk faxes under the Telephone Consumer Protection Act — the outcome could have a profound impact on TCPA litigation nationwide, say David Gettings and Alan Wingfield of Troutman Sanders LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Perspectives

    Class Cy Pres Settlements Are A Troubling Practice

    Mary Massaron

    Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Spoofing Charges Don't Readily Translate To Private Actions

    Laura Brookover

    Private plaintiffs have filed putative class actions in Chicago and New York on the heels of government enforcement efforts against spoofing. But actions like these are largely untested, and two threshold hurdles for these new cases are apparent, says Laura Brookover of Covington & Burling LLP.

  • 10 Pitfalls For Shareholder Derivative Litigants

    Bryan Ketroser

    The shareholder derivative action is riddled with traps for the unwary. Time and again, I have seen litigators represent both nominal and individual defendants, only to get caught flat-footed when the conflict and case law are pointed out to them, says Bryan Ketroser of Alto Litigation PC.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.