Class Action

  • May 11, 2018

    U Of Rochester Accused Of Excessive Retirement Plan Fees

    The University of Rochester is the latest higher education institution to be accused of subjecting retirement plan participants to excessive fees, in violation of the Employee Retirement Income Security Act, when a proposed class of plan members sued the school in New York federal court on Friday.

  • May 11, 2018

    US Enters ERISA Suit To Defend ‘Church Plan’ Exemption

    The federal government intervened Friday in a proposed class action in Florida accusing Adventist Health System of underfunding employee pension plans in violation of the Employee Retirement Income Security Act, but only for the limited purpose of defending the constitutionality of the law's “church plan” exemption.

  • May 11, 2018

    Fiat Chrysler Looks To Bar Depositions In Stock Drop Suit

    Fiat Chrysler has panned investors’ “eleventh-hour” bid to depose more witnesses and add interrogatories in their suit alleging that the automaker hid the existence of “defeat devices” in vehicles, telling a New York federal judge Thursday they can’t cram that much discovery in before their deadline.

  • May 11, 2018

    Bloomingdale's Taxes Wrong Bags Under City Law, Suit Says

    A purported class of Bloomingdale’s customers slapped the company with a lawsuit in Illinois state court Thursday over claims its Chicago stores are charging an illegal sales tax on its garment bags under a local ordinance they say applies only to paper and plastic checkout bags.

  • May 11, 2018

    Ex-Google Exec's Co. Accused Of 'Rent-A-Tribe' Loan Scheme

    A former Google executive and his financial technology company worked with a North Dakota tribe so they could hide behind its sovereign immunity while issuing illegal short-term loans with exorbitant interest rates, a proposed class of borrowers alleged in Washington federal court Thursday.

  • May 11, 2018

    7th Circ. Won't Revisit Axing Of Northern Trust ERISA Action

    The Seventh Circuit said Thursday it will not reconsider a Northern Trust executive's proposed class action against his employer over changes to its pension plan that he said discriminated against older workers, leaving in place the court's decision to toss the suit.

  • May 11, 2018

    Candy Maker Agrees To Pay $2.5M To End Slack-Fill Suit

    The maker of Jujyfruits, Now and Later, and Lemonhead candies has agreed in California federal court to pay $2.5 million to end a proposed class action alleging the company filled opaque cardboard boxes of its candies with an unnecessary amount of nonfunctional empty space.

  • May 11, 2018

    Wash. State High Court Favors Workers In Piece-Rate Ruling

    Agricultural employers must pay piece-rate workers a separate hourly wage for time spent not directly picking or pruning produce, the Washington Supreme Court ruled in a 5-4 split decision Thursday in a proposed class action pitting the employees against Dovex Fruit Co.

  • May 11, 2018

    TD Ameritrade Seeks Discovery Stay In Liquidations Suit

    TD Ameritrade Inc. has asked a Florida federal judge to press pause on discovery in a proposed class action accusing the firm and two of its subsidiaries of fraudulently liquidating its clients’ futures option investments, saying the suit is essentially a securities fraud case being touted as a commodities case.

  • May 11, 2018

    'Anti-Aging Miracle' Does Nothing Of The Sort, Suit Says

    A supplement maker falsely advertises that an “anti-aging miracle” can increase human growth hormone levels by 682 percent and consequently provide a host of other benefits including reduced wrinkles, stronger bones and increased sex drive, claims a proposed class action in California federal court.

  • May 11, 2018

    Titan Of The Plaintiffs Bar: Lieff Cabraser's Elizabeth Cabraser

    As sole lead counsel in multidistrict litigation over Volkswagen AG’s emissions scandal, Lieff Cabraser Heimann & Bernstein LLP's Elizabeth Cabraser helped drivers secure settlements totaling more than $15 billion and assurances that the polluting vehicles would be taken off the roads, earning her a spot on Law360's 2018 Titans of the Plaintiffs Bar.

  • May 10, 2018

    Lead Hopefuls In Ulta Stock-Drop Suit Gear Up For Showdown

    Three law firms hoping to be appointed lead counsel in a stock-drop class action over Ulta's alleged failure to disclose that it resells returned products will spend the rest of the month picking each others' proposals apart before an Illinois federal judge settles on which one should take charge on the case.

  • May 10, 2018

    AMD Fights Cert. In Buyers' False Ad Suit Over Processors

    Advanced Micro Devices urged a California federal judge Thursday to reject a bid to certify a class of consumers who claim AMD deceptively marketed the processing power of its multicore central processing units, arguing during a hearing that not all class members had the same understanding of the term "core processor."

  • May 10, 2018

    11th Circ. Says Wells Fargo Didn't Waive Arbitration

    An Eleventh Circuit panel said Thursday that Wells Fargo Bank NA didn’t waive its arbitration rights against absent class members in five suits in multidistrict litigation over allegedly unlawful overdraft fee charges, overturning a Florida federal judge’s denial of the bank's effort to push those class members’ claims into arbitration.

  • May 10, 2018

    Fiat Chrysler Gets Clutch Defect Suit Further Trimmed

    A California federal judge on Thursday tossed claims that had survived a February quick win bid by Fiat Chrysler in a proposed class action against it over alleged clutch defects, after reconsidering them in light of new evidence.

  • May 10, 2018

    NantKwest Says Investors Lack Standing For Some Claims

    Investors who sued directors and officers of biopharmaceutical venture NantKwest Inc. and its high-profile CEO lack standing for their derivative claims and can’t overcome director protections from damage awards, an attorney for the company told a Delaware vice chancellor Thursday.

  • May 10, 2018

    Levi & Korsinsky To Lead Pot Cryptocurrency Securities Suit

    A California federal judge on Thursday appointed Levi & Korsinsky LLP as lead counsel of a putative class action against a cryptocurrency startup focused on the marijuana industry that allegedly violated securities laws with a $70 million initial coin offering that wasn't registered with the U.S. Securities and Exchange Commission.

  • May 10, 2018

    6th Circ. Vacates Win For Norton Health Retirees In ERISA Suit

    The Sixth Circuit decided on Thursday to reverse a Kentucky federal judge's ruling and revoke a group of workers' class status in a suit accusing Norton Healthcare Inc. of shortchanging its retirees, establishing that judges must defer to certain administrators' plan interpretations even when the plan's terms are ambiguous.

  • May 10, 2018

    Opioid MDL Judge Says Litigation Track Is A Settlement Aid

    The Ohio federal judge overseeing the massive multidistrict litigation over the opioid epidemic said Thursday that the newly formed litigation track is no substitute for a settlement, emphasizing his goal of reaching a quick resolution to the litigation.

  • May 10, 2018

    Philips 401(k) Plan Was Needlessly Costly, ERISA Suit Says

    Philips North America LLC was hit with a putative class action in Illinois federal court on Thursday by 401(k) plan participants who say they shouldered unreasonable expenses because the company picked costly investments that performed poorly.

Expert Analysis

  • Another Dismissal Of TCPA Claims Involving Nonprofits

    Eric Berman

    In Reese v. Anthem, a Louisiana federal court recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act. The decision is worth noting because the court’s analysis provides some useful judicial gloss on the issues of TCPA consent and the distinction between commercial and informational communications, says Eric Berman of Venable LLP.

  • Is Excessive Fee Litigation Headed For Its Dudenhoeffer?

    Mark Bieter

    Recent signs show that the nationwide deluge of class actions challenging fees and services in large corporate 401(k) plans are starting to even out. This is a development warmly welcomed by plan sponsors and the financial industry, as for the past decade there’s generally been one hand winning, and it wasn’t theirs, says Mark Bieter of Groom Law Group.

  • How DC Circ. TCPA Decision Affects Health Care Cos.

    Christina Sarchio

    With its recent decision in ACA International v. Federal Communications Commission, the D.C. Circuit struck a blow to health care industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act from liability under the Telephone Consumer Protection Act, say attorneys with Dechert LLP.

  • There Is A Cognitive Science Behind Big Jury Verdicts

    Dennis.Stolle

    In most trials with large verdicts, the jury award is determined by multiple factors, including the facts of the case, strength of evidence, bias, emotion and jury instructions. However, we should not disregard the effect on jurors of the cognitive limits conceptualizing large numbers, say Dennis Stolle and Amit Patel of ThemeVision LLC, a jury research and litigation consulting firm affiliated with Barnes & Thornburg LLP.

  • The Justices' Divergent Views On Class Action Tolling

    Steven Molo

    China Agritech v. Resh is an important U.S. Supreme Court case that will have significant repercussions for class actions of all kinds. During oral arguments, many of the justices' questions focused on the plaintiff diligence prerequisite for equitable tolling, say Steven Molo and Michelle Parthum of MoloLamken.

  • Why Bristol-Myers Applies To Federal Class Actions

    William Delgado

    The U.S. Supreme Court's Bristol-Myers Squibb ruling, limiting state courts' personal jurisdiction over nonresident defendants, did not speak to whether the Fifth Amendment imposes similar limits on federal courts' personal jurisdiction. But the Fourteenth Amendment generally protects defendants from service of process by foreign jurisdictions, say William Delgado and Amelia Sargent of Willenken Wilson Loh & Delgado LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.