Class Action

  • January 8, 2018

    Allergan Fights To Keep Live Testimony In Asacol Trial

    Attorneys for Allergan PLC and subsidiary Warner Chilcott Ltd. asked a Massachusetts federal judge on Monday to block a group of unions and grocers from replacing witness testimony with recorded depositions in the antitrust class action set to go to trial in two weeks.

  • January 8, 2018

    Borrowers Say Student Loan Servicer Inflated Fees, Terms

    A group of federal student loan recipients filed a proposed class action lawsuit in Pennsylvania federal court Monday alleging the Pennsylvania Higher Education Assistance Agency illegally extended loan durations to bring in extra servicing fees and generate greater interest payments.

  • January 8, 2018

    6th Circ. Won't Revive Eaton Workers' ERISA Suit

    A Sixth Circuit panel on Monday affirmed the toss of a proposed ERISA class action against fiduciaries of Eaton Corp.’s employee stock ownership plan, finding it was reasonable for the financial officers to presume that releasing details about the company’s merger with Cooper Industries PLC would have caused more harm than good.

  • January 8, 2018

    Disk Drive Consumers Will Ask 9th Circ. To Revive MDL

    A class of optical disk drive end consumers on Friday said that they will go to the Ninth Circuit to try and revive their claims in multidistrict litigation accusing Samsung, Toshiba and Philips of conspiring to fix prices on the products that ended up in the computers the customers bought.

  • January 8, 2018

    NYC Says Owner Fraud Dooms Cert. Bid In Seized Cabs Spat

    The New York City Taxi and Limousine Commission told a federal judge Friday that fraudulent ownership of cars it seizes for presumably operating as unlicensed for-hire taxicabs dooms a class certification bid by drivers claiming their constitutional rights were violated by the seizures.

  • January 8, 2018

    Google Memo Author Sues Claiming Anti-Male Bias

     A former Google Inc. software engineer who was fired after authoring a divisive memo criticizing the company's diversity policies hit the tech giant with a putative class action in California court Monday, claiming Google discriminates against conservative, Caucasian men who support President Donald Trump.

  • January 8, 2018

    Seattle Genetics Mounts 3rd Bid To Defeat Stock Fraud Suit

    Cancer-drug maker Seattle Genetics Inc. on Friday asked a Washington federal court for a third time to dismiss a proposed securities fraud class action against it, saying the latest complaint still doesn’t spell out how it supposedly knew it was engaged in wrongdoing.

  • January 8, 2018

    Judge Backs Pharmacy's Claim In TCPA Suit Against Supplier

    A federal judge on Friday allowed an Illinois convenience store and pharmacy's conversion claim against a medical supply company to stand in its proposed class action alleging that the medical supply company faxed it unsolicited advertisements, finding that it doesn’t duplicate another Telephone Consumer Protection Act claim.

  • January 8, 2018

    Feds Are Denied Bid To Revive Refugee Family Ban

    A federal court in Washington state denied the Trump administration’s bid to partially lift a preliminary injunction that prevented the government from indefinitely banning the admission of family members of refugees already in the United States, with the judge ruling Friday that he could not disregard Ninth Circuit precedent.

  • January 8, 2018

    Fyre Fest Organizer Nixed From Suit After Service Failure

    Claims against one of the organizers of the Fyre Festival, an ill-fated “luxury” music event in the Bahamas, were dismissed by a Florida federal judge on Friday after he found that ticket holders had failed to properly serve the businessman.

  • January 8, 2018

    49ers Must Hand Fans Info On Potential Class For ADA Suit

    A California federal judge on Friday said she would allow disabled fans suing the San Francisco 49ers and the city of Santa Clara to reach out to potential class members who purchased accessible seats at Levi’s Stadium, saying anyone concerned about their privacy may opt to not have their identities disclosed.

  • January 8, 2018

    Restasis Antitrust Suits Paused For MDL Panel Review

    A Texas federal court on Friday stayed a series of lawsuits accusing Allergan PLC of violating antitrust laws to keep generics for the dry-eye medication Restasis off the market, until the Judicial Panel on Multidistrict Litigation decides whether the cases should be combined.

  • January 8, 2018

    High Court Allows Revival Of Propane Antitrust Row

    The U.S. Supreme Court denied an attempt by distributors of pre-filled propane tanks to shoot down antitrust price-fixing claims against them Monday, leaving intact an Eighth Circuit decision that revived direct purchasers’ claims against the companies.

  • January 8, 2018

    Gold King Mine Spill Suit Halted Pending MDL Decision

    A Utah federal judge decided Friday to halt Utah’s suit over the 2015 Gold King Mine spill while the Judicial Panel on Multidistrict Litigation decides whether to transfer the case to multidistrict litigation, saying the delay will conserve resources.

  • January 5, 2018

    PPG Retirees Get Cert., Prodding From Judge In 12-Year Suit

    An Ohio federal judge on Friday certified a class of PPG Industries Inc. retirees who accuse the company of rolling back lifetime health benefits that had been promised in a series of union contracts, but also advised the parties to the 12-year-old suit to get things moving.

  • January 5, 2018

    Spokeo Dooms Burger King Receipt Row, Fla. Judge Says

    A Florida federal judge on Friday axed a putative class action accusing Burger King Corp. of printing too many card digits on receipts, ruling that the plaintiff had failed to allege the type of concrete injury necessary to establish standing under the U.S. Supreme Court's Spokeo decision.

  • January 5, 2018

    2nd Circ. Won't Rethink Barclays Investors' Dark Pool Cert.

    The Second Circuit rejected a petition for en banc review on Friday by Barclays PLC seeking to undo class certification for investors suing the bank over losses tied to the bank’s alleged misrepresentations about oversight of its dark pool market.

  • January 5, 2018

    AbbVie Faces Third Jury In Testosterone MDL

    AbbVie will defend its product AndroGel for the third time Monday against claims it seriously injured one of its users as the company takes on the latest bellwether in multidistrict litigation over testosterone replacement therapy drugs in Illinois federal court.

  • January 5, 2018

    Zillow Investor Suits Over CFPB Probe Consolidated By Judge

    A Washington federal judge on Friday consolidated two putative class actions against Zillow Group Inc. claiming it withheld damaging information about a Consumer Financial Protection Bureau probe that later caused a stock drop, saying consolidation is proper and the proposed lead counsel is a solid choice.

  • January 5, 2018

    Apple Hit With $300K Sanction In Qualcomm Antitrust Row

    A federal magistrate judge in California said Friday he’ll sanction Apple Inc. to the tune of $300,000 for missing a document production deadline in antitrust suits brought against Qualcomm Inc. by the Federal Trade Commission and a putative class of cellphone buyers, after saying in an earlier hearing he wanted to encourage other third parties in the litigation to meet deadlines.

Expert Analysis

  • Series

    What I Learned In My 1st Year: Get Real, But Get It Right

    Dawn Reddy Solowey

    At my first job out of law school, I handled prepublication review of stories for local TV news and newspapers. With little time for legal research, I had to know the rules cold, how to apply them, and how to make judgment calls when the answer was more gray than black or white, says Dawn Reddy Solowey of Seyfarth Shaw LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • 9th Circ. Tip-Credit Opinion Is Good News For Employers

    Laura Lawless Robertson

    In Marsh v. J. Alexander’s, the Ninth Circuit recently found that it was not required to defer to the U.S. Department of Labor’s Field Operation Handbook interpretation of “dual jobs” because the interpretation is inconsistent with the regulation, acknowledging that its decision would create a split among the circuits, says Laura Lawless Robertson of Squire Patton Boggs LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Misclassification Claims Threaten Gig Economy Business

    Tracey Diamond

    Recent gig economy cases in New York and California are either pending or were settled before the court could issue a determinative judgment as to the proper classification of workers. But the facts of the cases and the settlement details provide valuable insight into the potential risks and exposure for gig economy companies, say attorneys with Pepper Hamilton LLP.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Opinion

    Arbitration Rule Repeal Will Adversely Affect Consumers

    Gregory Asciolla

    President Donald Trump's decision Wednesday to sign a congressional resolution repealing the Consumer Financial Protection Bureau’s arbitration rule represents a decisive blow to the American public’s access to the justice system, say Gregory Asciolla and Brian Morrison of Labaton Sucharow LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.