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Class Action

  • October 12, 2018

    Attys Spar Over Sanctions Bids In Appeal Of $7.5M Uber Deal

    Attorneys representing objectors to a $7.5 million settlement in a California suit alleging Uber Technologies Inc. violated the Fair Credit Reporting Act by conducting background checks without drivers' knowledge told the Ninth Circuit that the settling class counsel’s “unethical” and “outrageous” actions are muddying their appeal.

  • October 12, 2018

    EVA, Others To End Trans-Pacific Price-Fix Row For $50M

    A California federal judge granted final approval of settlements with EVA Airways Corp., Philippine Airlines Inc., Air New Zealand Ltd. and China Airlines Ltd. that will require the carriers to pay more than $50 million to resolve their part of multidistrict litigation alleging that major airlines conspired to fix the prices of trans-Pacific flights.

  • October 12, 2018

    Liberty Mutual Shirking Painkiller Coverage, Pa. Suit Says

    A mail-order pharmacy filed a proposed class action in Pennsylvania state court that accuses Liberty Mutual Insurance Co. of refusing to cover compounded pain-relief creams as an alternative to more easily abused opioid pills.

  • October 12, 2018

    Biotech Co. Slapped With Stock-Drop Suit Over Patent Failure

    A biotechnology firm's executives misled investors about patent rejections for its star product, which sent its stock into free fall when the news went public, according to a derivative suit filed on behalf of the company in Utah federal court.

  • October 12, 2018

    Resort Co. Hit With $5M Suit Over Recorded Calls

    Consumers hit Aman Resorts Group Ltd. with a $5 million proposed class action in California federal court Thursday that alleges the company fails to disclose its policy of recording all incoming calls to its toll-free number.

  • October 12, 2018

    Tenet Brass Knock Back Derivative Suit Over FCA Settlement

    Current and former Tenet Healthcare Corp. board members have won a Texas court ruling that sends shareholders back to the drawing board on claims that the company leaders shirked their fiduciary duties by not stopping a kickback scheme that led to a $513 million False Claims Act settlement.

  • October 12, 2018

    K2M Shareholders Move To Block $1.4B Stryker Merger Vote

    A pair of investors in K2M Group Holdings filed separate suits in Delaware federal court on Friday seeking to block a shareholder vote on the company's $1.4 billion merger with Stryker Corp., both saying K2M's proxy statement regarding the proposed transaction lacks material information about its financial projections.

  • October 12, 2018

    Ranbaxy Abused 'First-To-File' For Heartburn Treatment: Suit

    Defunct Indian pharmaceutical company Ranbaxy Laboratories Ltd. lied to the U.S. Food and Drug Administration and unfairly blocked other generic forms of the heartburn treatment Nexium in order to gain "first-to-file" exclusivity, according to a proposed class action filed Thursday in Massachusetts federal court by supermarket chain Meijer Inc.

  • October 11, 2018

    NY Judge Stays Deposition In Madoff Victims' Law Firm Suit

    A New York federal magistrate judge on Thursday granted Chaitman LLP and Becker & Poliakoff LLP's motion for a stay on deposition discovery in a suit by victims of Bernie Madoff against their former attorney, saying it is appropriate given the costs of the deposition and the firms' pending motions to dismiss.

  • October 11, 2018

    Ex-Royal Bank Of Canada Unit Fights Cert. In Overdraft MDL

    The Royal Bank of Canada’s former U.S. retail banking arm urged a Florida federal judge on Wednesday not to certify several proposed account holder classes pursuing claims against it as part of multidistrict litigation over banks' overdraft practices, arguing the classes include customers whose claims must be arbitrated.

  • October 11, 2018

    Work Instruction Gaps Led To Gas Explosions, NTSB Says

    The September gas explosions that rocked three communities north of Boston, killing one person and injuring 21, were caused by gaps in construction work orders prepared by NiSource Inc.’s subsidiary Columbia Gas, the National Transportation Safety Board said Thursday.

  • October 11, 2018

    Fidelity Costs Its Retirees Hundreds Of Millions, Suit Says

    Participants in one of the nation’s largest 401(k) plans believe Fidelity Investments has continued to squander hundreds of millions of dollars in employees’ savings on underperforming proprietary funds since settling similar claims in 2014, according to a proposed class action filed Wednesday in Massachusetts federal court.

  • October 11, 2018

    Cornell Can't Take Jury Fight To 2nd Circ. In ERISA Suit

    Cornell University can’t appeal mid-case a decision granting a group of current and former university employees the right to a jury trial on part of their proposed Employee Retirement Income Security Act class action, a New York federal judge ruled Thursday.

  • October 11, 2018

    Amazon Eyes Escape From Job Applicants' Age Bias Suit

    Amazon.com Inc. asked a California federal judge on Thursday to nix a retooled proposed class action accusing it of placing job ads on Facebook that were illegally hidden from older workers, saying it never impaired workers from learning or applying for employment. 

  • October 11, 2018

    Drug Cos. Sold Contaminated Blood Pressure Meds, Suit Says

    A proposed class of consumers hit Solco Healthcare U.S. LLC and Prinston Pharmaceutical Inc. with a lawsuit Thursday in New Jersey federal court claiming the companies violated consumer fraud laws by selling a drug used to treat high blood pressure and heart failure that was contaminated with a potentially cancer-causing substance.

  • October 11, 2018

    Ex-Grubhub Driver Says Dynamex Unwinds Wage Trial Loss

    A former Grubhub driver asked a California federal judge on Thursday to revive allegations that he was misclassified as an independent contractor, saying that had the California Supreme Court's Dynamex decision changing the state’s test for employment status come out a few months earlier, he would have won his bench trial.

  • October 11, 2018

    Wells Fargo Workers Fight To Revive 401(k) Row In 8th Circ.

    A group of current and former Wells Fargo workers asked the Eighth Circuit on Wednesday to revive a proposed Employee Retirement Income Security Act class action accusing the bank of improperly investing employees’ retirement savings in company stock even as share prices tumbled amid a fraud scandal.

  • October 11, 2018

    Vehicle Registration Co. Must Show Docs In Antitrust MDL

    An Illinois federal judge has refused to quash a digital registration company's request for discovery from a vehicle information services firm in antitrust multidistrict litigation, saying the pretrial process shouldn't stop just because the case might eventually get dismissed.

  • October 11, 2018

    Ford Knowingly Sold Defective Brake Systems, Suit Says

    Ford Motor Co. sold trucks with defective braking systems that it knew posed a serious risk to drivers, ultimately requiring many of them to pay out-of-pocket for necessary repairs, according to a proposed class action filed Thursday in Michigan federal court.

  • October 11, 2018

    Sonic Customers Strike $4.3M Deal In Data Breach MDL

    Sonic Drive-In customers in multidistrict litigation over the national fast food restaurant chain's 2017 credit card data breach have asked an Ohio federal judge to approve a $4.3 million settlement.

Expert Analysis

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.