Class Action

  • March 13, 2018

    Morgan Lewis Attys Violated Conduct Rule, Judge Says

    Morgan Lewis & Bockius LLP attorneys violated a rule of professional conduct when they represented both a hotel operator and several hotel workers who are potential members of a class suing the company for alleged wage-and-hour violations, but the lawyers can stay on the case under certain conditions, a California federal judge ruled Monday.

  • March 13, 2018

    Amazon Settles With Job Applicants Over Background Checks job applicants told a Florida federal judge Tuesday that they had settled their claims against the e-commerce giant over consumer background checks they said were performed without following strict legal requirements.

  • March 13, 2018

    Judge Schedules First 3 Trials In Abilify MDL

    A Florida federal court settled upon a random order for the first three cases that will be tried in multidistrict litigation over side effects of the antipsychotic drug Abilify after consumers who brought the suits were unable to reach an agreement with the drugmakers Bristol-Meyers Squibb and Otsuka Pharmaceutical.

  • March 13, 2018

    Feds Try Again To Toss Immigrants’ Class Suit Over Detention

    The federal government on Tuesday urged a California federal judge to reconsider his decision not to toss allegations by a class of immigrants that they were unlawfully detained based on warrantless federal requests, saying a recent U.S. Supreme Court decision should recast the ruling.

  • March 13, 2018

    Scott & Scott Make Bid To Lead Acacia Stock Suit

    Pointing to a track record of successful securities litigation and an extensive presuit investigation, New York-based Scott & Scott LLP asked a Massachusetts federal court Tuesday to take the lead in consolidating derivative lawsuits over a sudden stock drop for Bay State-based Acacia Communications Inc.

  • March 13, 2018

    Lionbridge, HIG Defeat $360M Misleading Merger Claims

    Globalization specialist Lionbridge Technologies Inc. on Tuesday dodged claims that it misled shareholders into signing off on last year’s nearly $360 million go-private deal with HIG Capital, after a Delaware federal court found the information provided to shareholders ahead of the deal was all above board.

  • March 13, 2018

    EVA Airways Settles Price-Fixing Class Action For $21M

    Airline passengers accusing a slew of airlines of fixing the price of long-haul flights to Pacific destinations told a California federal judge Tuesday they have agreed to settle with EVA Airways Corp. for $21 million, marking the latest airline to settle out of the sprawling multidistrict litigation.

  • March 13, 2018

    7th Circ. Affirms Fired Atty's Fee After Second Review

    The Seventh Circuit on Tuesday affirmed an $87,500 fee awarded to an attorney who was fired before his client accepted a $250,000 settlement in his hip-replacement case, saying the lower court had enough evidence to justify the award.

  • March 13, 2018

    Pomerantz, Rosen Law Seek Top Spots In Intel Stock Row

    Two Intel Corp. investors asked a California federal judge Monday to appoint Pomerantz LLP and The Rosen Law Firm PA as co-lead counsel in their stock-drop putative class action against the chipmaker over two previously unreported security flaws, dubbed Spectre and Meltdown.

  • March 13, 2018

    Mercedes-Benz Gets Claims Nixed In Moldy HVAC System Row

    A Georgia federal judge trimmed a proposed class action Tuesday accusing Mercedes-Benz USA LLC and parent Daimler AG of manufacturing vehicles with a defect that causes odorous mold in their heating, ventilation and air-conditioning systems.

  • March 13, 2018

    Consumers, Wine Seller Amend Contested Deal In Pricing Row

    Consumers and online wine purveyor Wines ‘Til Sold Out floated a revised settlement Monday that will see shoppers receive credits toward future purchases to resolve a New Jersey federal court action alleging misleading price advertising after their original class action deal spurred backlash from the federal government, state attorneys general and others.

  • March 13, 2018

    Fla. City Settles Ex-Workers’ Age, Gender Bias Suit

    A Florida federal judge on Tuesday dismissed a putative class suit alleging the city of Naples, Florida, used staff reductions to discriminate against female and older employees, after the parties said they had agreed to settle the dispute.

  • March 13, 2018

    Music Publisher Fights Fees After 'We Shall Overcome' Loss

    Six weeks after admitting that the 1960s protest song “We Shall Overcome” was in copyright law’s public domain, a music publisher that claimed to own the song is fighting back against a request for more than $1 million in attorneys' fees.

  • March 13, 2018

    Online Auto Seller's Texts Don't Violate TCPA, Judge Says

    Online vehicle retailer CarGurus Inc. did not send unsolicited text messages to cellphone users in violation of the Telephone Consumer Protection Act, an Illinois federal judge ruled Monday, ruling in favor of CarGurus and against a putative class of consumers.

  • March 13, 2018

    Harley-Davidson Dealership Hit With TCPA Class Action

    A Harley-Davidson dealership has been hit with a proposed class action in Tennessee federal court accusing it of making repeated unsolicited calls to an individual on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

  • March 13, 2018

    NCAA Transfer Rule Ripe For Reform Despite Court Success

    The NCAA continues to succeed in litigation challenging its restrictions on college basketball and football players' ability to transfer schools, but experts say there is still pressure to reform what is increasingly seen as a too-harsh system.

  • March 13, 2018

    Pair Seek To Lead Class Against Twitter Stock Fraudster

    Two men and their lawyers at Wilentz Goldman & Spitzer PA and Cherundolo Law Firm PLLC asked a New York federal judge on Tuesday to let them lead a proposed class action against an imprisoned fraudster and the companies and individual that allegedly worked with him.

  • March 13, 2018

    Prudential Can't Pause ERISA Suit Over Payouts, Judge Rules

    A Pennsylvania federal judge on Monday denied Prudential Insurance’s bid to pause court proceedings during the company's Third Circuit appeal of his order certifying a subclass in an Employee Retirement Income Security Act suit over life insurance payouts.

  • March 13, 2018

    Hertz Can Arbitrate Renter's Suit Over Unpaid Toll Fees

    A California federal judge on Monday sent to arbitration a putative class action alleging Hertz failed to tell car renters about transponders that didn’t work properly on all toll roads so the company could unlawfully charge an administrative fee for unpaid tolls, saying the rental agreements had arbitration provisions.

  • March 13, 2018

    Investors Sue Comerica In $1.2B Woodbridge Ponzi Scheme

    Two investors in the Woodbridge Ponzi scheme have hit Comerica Bank with a proposed class action in Florida federal court, saying the bank was either negligent or “knowingly provided substantial assistance” to the suspected $1.2 billion fraud that was run almost entirely from Comerica accounts.

Expert Analysis

  • 9th Circ. Decision Could Be Game-Changer For Investors

    Carol Villegas

    The Ninth Circuit on Wednesday issued an important decision in Mineworkers' Pension Scheme v. First Solar that serves to protect investor rights in securities class actions and will prevent companies that commit fraud from evading liability, say Carol Villegas and James Christie of Labaton Sucharow LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • 9th Circ. Ups Ante On Cert. Of Nationwide Settlement Classes

    James Morsch

    A closer examination of the Ninth Circuit’s reasoning in the Hyundai and Kia Fuel Economy Litigation reveals that the recent decision does not break new ground in terms of class action law but does highlight the difficulties in certifying nationwide class actions, even for settlement-only classes, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.

  • Under New Tax Law, Time Is Running Out For Ponzi Victims

    Kevin Diamond

    Counsel representing victims of Ponzi schemes should note that the Tax Cuts and Jobs Act eliminates the theft tax loss provisions of the Internal Revenue Code for tax years after 2017. The time to act is now, before this important tax benefit goes away, says Kevin Diamond of Rico Murphy & Diamond LLP.

  • Series

    What I Learned In My 1st Year: A Judge's Example

    M.C. Sungaila

    Law school taught me how to think like a lawyer, but the district court judge I clerked for my first year out of law school taught me how to be a lawyer. This was the gift she gave to all of her law clerks, in one form or another, says M.C. Sungaila of Haynes and Boone LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Insurers' Broad Duty To Defend Employment Claims In Calif.

    Cheryl Sabnis

    The Ninth Circuit recently issued a long-awaited ruling in PHP Insurance Service v. Greenwich Insurance, bringing with it a helpful reminder to holders of employment practices liability insurance policies not to shy away from tendering employment claims to their insurers, says Cheryl Sabnis of King & Spalding LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)