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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.