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Class Action

  • July 9, 2018

    Furukawa, Mitsubishi To Pay $19.6M To End Antitrust Claims

    Two putative classes of automobile part direct purchasers who allege that major companies have conspired to fix the prices of wire harness products asked a Michigan federal judge on Monday to approve a $19 million deal with Furukawa Electric Co. and a $680,320 deal with Mitsubishi Electric.

  • July 9, 2018

    Del. High Court Revives Fresh Grocer Investor's Deal Suit

    The Delaware Supreme Court on Monday reversed a lower court’s decision to dismiss a stockholder suit brought by an investor of The Fresh Grocer over the company’s $1.4 billion take-private deal, saying a vice chancellor erred in finding that shareholders were fully informed when voting to tender their shares.

  • July 9, 2018

    Safeway Worker Says 401(k) Plan Bungled Out Of Ignorance

    A former Safeway employee has told a California federal judge that discovery clearly demonstrated that the company and an investment consulting firm breached their fiduciary duties to a $1.9 billion 401(k) plan, while the companies argued in their own quick win bids that no harm to the plan had been demonstrated.

  • July 9, 2018

    US To Miss Deadline To Reunite Young Migrants With Families

    The U.S. Department of Justice told a California federal court Monday that it will have reunited only about half of the immigrant children under age five with their families by Tuesday after they were separated from their parents at the U.S. border, missing a court-ordered deadline.

  • July 9, 2018

    3rd Circ. Backs Return Of NJ ADT Class Suit To State Court

    The Third Circuit on Monday declined to keep a proposed class action involving an ADT Inc. unit in federal court, ruling that the contract dispute had an exception to the usual jurisdiction rules that allowed it to go back to New Jersey state court.

  • July 9, 2018

    Ex-C.H. Robinson Workers Can't Back Up Cert. Claims: Judge

    A Missouri federal judge on Friday denied conditional certification to three Missouri-based C.H. Robinson International Inc. ex-workers who filed a Fair Labor Standards Act suit aiming to represent a nationwide collective of workers they claim were wrongly denied overtime, saying the ex-workers know enough to speak only for themselves.

  • July 9, 2018

    Investors Fight Silver Wheaton's Escape Bid In $207M Tax Row

    Investors on Friday fought Canadian mining company Silver Wheaton Corp.'s bid in California federal court to escape their class action that alleges the firm kept $207 million in transfer pricing tax liability secret to boost stock prices, saying discovery provided enough evidence to prove their case.

  • July 9, 2018

    Teamsters Says Distributor Owes $8M To Pension Fund

    Two trustees of a local Teamsters pension fund sued a frozen food distributor in Pennsylvania federal court, accusing it of failing to pay withdrawal liability that it allegedly incurred in connection with the union's multiemployer plan, arguing that it owes approximately $8 million in addition to interest and damages.

  • July 9, 2018

    Biotech Co. Didn't Disclose Rejected Patent, Investors Say

    PolarityTE Inc. closed on a $104 million deal to buy a pending patent covering skin regeneration technology without telling investors that the U.S. Patent and Trademark Office had rejected the patent application, a potential class of shareholders have told a Utah federal court.

  • July 9, 2018

    Microsoft's Lack Of Standard Reviews Sink Women's Cert. Bid

    A proposed class of more than 8,000 female Microsoft workers who were allegedly paid less and given fewer promotions than men was denied certification late last month because its members weren't shown to be victims of a standard companywide policy, according to an order unsealed Friday.

  • July 9, 2018

    Kerrygold Sued Over Claims Its Cows Are 'Grass-Fed'

    A California man on Friday launched a putative class action in California federal court alleging the makers of Kerrygold butter deceptively promoted their product as produced by milk from exclusively grass-fed cows.

  • July 9, 2018

    3 Mortgage Fee Class Actions Paused Pending First-Filed Suit

    An Illinois federal judge on Friday pressed pause on three class actions that allege Nationstar Mortgage LLC charged borrowers unreasonable inspection fees for defaulted mortgage agreements, saying the three suits are substantially similar to a first-filed suit that is currently pending in D.C. federal court.

  • July 9, 2018

    BASF, Others Face Price-Fixing Suit For Polyurethane Input

    Chemical manufacturing giants BASF, Bayer, DowDuPont and others conspired to shut down plants and curb production in order to lower global supply and increase prices for polyurethane building blocks, according to a proposed antitrust class action filed in New Jersey federal court Friday. 

  • July 9, 2018

    9th Circ. Affirms VW's $10B Diesel Vehicle Deal With Owners

    The Ninth Circuit on Monday affirmed Volkswagen AG's $10 billion settlement with owners of more than 475,000 diesel vehicles in multidistrict litigation stemming from the German automaker’s emissions scandal, saying it’s a solid deal with tangible benefits and overruling objectors who claimed the deal short-shrifted consumers.

  • July 9, 2018

    Nissan Looks To Crop Drivers' Transmission Defects Suit

    Nissan North America Inc. told a California federal judge on Friday to punt part of a putative class action over allegedly defective transmissions prone to violent jerking during acceleration and “catastrophic failure” in the middle of roadways, saying the drivers’ amended complaint fares no better than previous iterations.

  • July 9, 2018

    Texas Ambulance Co. Sues Ford Over Defective Driveshafts

    A Texas-based ambulance company is taking on Ford Motor Company in a proposed class action, claiming the manufacturer knew an engine part in Ford Transit vans was dangerously defective years before it issued a safety recall on the vehicles.

  • July 9, 2018

    Investors Say Triangle Capital Dealing In 'Half-Truths'

    A putative class of Triangle Capital Corp. shareholders launched a lawsuit in North Carolina federal court on Friday accusing the company and its directors of issuing a proxy statement that included too little information for shareholders to properly assess the fairness of a proposed asset sale.

  • July 9, 2018

    Schlumberger Oilfield Workers Reach Deal In OT Suit

    A proposed class of oilfield workers in Pennsylvania and Ohio have struck an approximately $895,000 deal with Schlumberger Technology Corp. to end a suit alleging they were stiffed on overtime pay even though they regularly worked more than 80 hours per week, according to a court filing Friday.

  • July 9, 2018

    Web Co., Investors Settle False Metrics Claims For $18.7M

    Web hosting company Endurance International Group Holdings Inc. and two executives have agreed to pay investors $18.65 million to end claims the company padded subscription numbers in public filings to boost its financial performance, according to documents filed Friday in Massachusetts federal court.

  • July 9, 2018

    Customer Reignites Time Warner Robocall Suit

    A stalled robocall suit against Time Warner is back on after a customer filed an amended complaint in California federal court accusing the telecom giant of violating the Telephone Consumer Protection Act by repeatedly making automated calls to nonsubscribers. 

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.

  • Despite Legality, Employee Arbitration Pacts Are No Panacea

    Adam Primm

    While the U.S. Supreme Court's recent opinion in Epic Systems v. Lewis is clearly a business-friendly decision, employers should not rush to include arbitration agreements and class or collective action waivers in their employment contracts. They may be beneficial in certain contexts, but they are not necessarily a fit for everyone, say attorneys with Benesch Friedlander Coplan & Aronoff.

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Clarifying Standing In False Ad Cases At 9th Circ.

    Erik Swanholt

    Recent decisions by and within the Ninth Circuit elucidate the contours of Article III standing when plaintiffs seek injunctive relief in false advertising cases despite already having awareness of the claimed false advertising of the product, offering insights for companies defending against these types of claims, say Erik Swanholt and Kendall Waters of Foley & Lardner LLP.

  • Epic Systems V. Lewis: PAGA's Epic Demise?

    Thea Rogers

    In light of the U.S. Supreme Court's recent decision in Epic Systems v. Lewis, California employees and lawyers are likely to question whether representative actions brought under the state's Private Attorneys General Act are now similarly waivable through arbitration agreements, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • Epic Systems May Point To Fate Of 'Lamps Plus' At High Court

    Ryan Bates

    If the U.S. Supreme Court affirms the Ninth Circuit's decision in Lamps Plus v. Varela, plaintiffs subject to arbitration agreements that are silent on class issues could find a “back door” into class arbitration. This begs the question: Does the high court's recent Epic Systems decision hint as to how it may decide Lamps Plus? asks Ryan Bates of Hunton Andrews Kurth LLP.