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Class Action

  • June 12, 2018

    Pet Pharma Co. Sidesteps Investor Suit Over Dog Drug Delays

    A veterinary pharmaceutical company likely didn't mislead investors about the timeline for bringing an appetite stimulant for dogs to market, a New York federal judge said in dismissing a proposed securities class action alleging that a delay in the drug's availability caused the company's stock to nosedive.

  • June 12, 2018

    Justices Urged To End Detained Immigrants' Bond Hearings

    Conservative legal organizations and Republican lawmakers have urged the U.S. Supreme Court to hold that all convicted immigrants may be detained without bond hearings, regardless of when they enter immigration custody after being released from criminal custody.

  • June 12, 2018

    Rosen Law To Lead AMD Investor Suit Over Chip Flaw

    A California federal judge appointed The Rosen Law Firm PA as lead counsel for investors who sued Advanced Micro Devices Inc. when the company’s share price dropped following a revelation that its chips were more vulnerable to a security flaw than had been previously disclosed.

  • June 12, 2018

    Fyre Festival Investor Can Pursue $3M Claim Amid Ch. 7

    A New York bankruptcy judge has agreed to let an investor for the doomed Fyre Festival pursue a $3 million claim against the company and its organizers while the beleaguered concert operation goes through liquidation.

  • June 12, 2018

    Zimmer NexGen MDL Nears Finish With Confidential Deal

    Counsel for a group of consumers who claim Zimmer Inc.’s NexGen knee implants failed as a result of flawed design told the Illinois federal judge overseeing their multidistrict litigation Tuesday that they have agreed on terms for a final confidential settlement.

  • June 12, 2018

    Attys Want $47M From $166M Lidoderm Pay-For-Delay Deal

    Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.

  • June 12, 2018

    CPI Says Investor Is Unfit To Lead $173M IPO Suit

    In opposition to a class certification bid, CPI Card Group Inc. told a New York federal court on Monday that a man seeking to represent a class of investors accusing the chip-enabled card maker of misleading them in a $172.5 million initial public stock offering has a lack of familiarity with the case that makes him unfit for the task.

  • June 12, 2018

    Squire Patton Boggs Nabs Dentons Litigator In Atlanta

    Squire Patton Boggs LLP has lured a former Dentons partner to its new Atlanta office, adding a litigator who helped steer an auto parts maker clear of proposed class claims over potentially defective airbags.

  • June 11, 2018

    JPML Won't Combine Suits Against Alleged Chicken Cartel

    The Judicial Panel on Multidistrict Litigation has rejected a group of farmers’ request to combine two lawsuits accusing major chicken companies of operating a cartel to suppress the price of broiler chickens in Oklahoma federal court, saying centralization is unnecessary because a “minimal number of actions are involved.”

  • June 11, 2018

    Square To Pay $2.2M To Settle Food Delivery Tip Claims

    Mobile payment company Square Inc. will pay up to $2.2 million to settle a putative class action alleging its restaurant delivery service, Caviar, collected tips from customers that weren’t given to delivery drivers, according to notices sent to 93,000 people who used the service.

  • June 11, 2018

    Ford’s $50M Faulty Touch-Screen Deal Faces Skeptical Judge

    Ford’s proposed deal to end claims it sold cars with faulty touch screens could be worth more than $50 million, the customers’ attorneys told a California federal judge Monday, but the judge worried the proposed notice and claims process would mean many class members go unpaid.

  • June 11, 2018

    Ex-Marriott Waiter Tells 9th Circ. Contract Flouts Wage Law

    An ex-Marriott waiter urged the Ninth Circuit on Monday to revive his putative wage class action, saying a lower court’s conclusion that hotel workers waived San Jose, California’s minimum wage under their collective bargaining agreement was based on a misreading of the local wage ordinance.

  • June 11, 2018

    China Agritech May Drive Class Members To Court Early, Often

    The U.S. Supreme Court gave companies some relief Monday when it ruled that plaintiffs can't file follow-on class actions after the statutory deadline has expired, but that relief could be short-lived if plaintiffs respond by taking more actions in the cases they're involved in to preserve their rights.

  • June 11, 2018

    Hospital System Pension Plan Members Urge OK Of $62M Deal

    Participants of Hospital Sisters Health System Inc.'s employee retirement plan urged an Illinois federal judge Friday to approve a $62.5 million settlement of their claims that Sisters improperly used the Employee Retirement Income Security Act's church exemption to shortchange them by $514 million.

  • June 11, 2018

    Drug Cos. Unleash Opioid MDL Counterattacks

    Drug manufacturers, distributors and pharmacies are launching counterattacks in multidistrict litigation over the devastating opioid crisis, according to newly filed documents that contain aggressive and wide-ranging assaults on bellwether suits in the historic MDL. Here, Law360 summarizes test cases filed by local governments and the drug companies’ attacks on them.

  • June 11, 2018

    Medical Software Co. Looks To Toss Data Breach MDL

    A medical software company urged an Indiana federal court Monday to dismiss multidistrict litigation launched against it over a 2015 data breach that exposed the sensitive data of 3.9 million people, arguing that the breach alone did not cause any injuries under the law.

  • June 11, 2018

    Saks Hit With Class Action Over 'Notorious' Hackers' Breach

    Saks & Co. got slapped with a proposed class action in California federal court Friday that accuses the retailer of failing to protect its customers’ credit and debit card numbers from a data breach engineered by a “notorious hacking group” that allegedly attacked nearly all of Saks’ point-of-sale systems in March.

  • June 11, 2018

    StubHub Can't Shake Suit Over Hidden Ticket Fees

    A San Francisco judge said Monday that StubHub can’t escape a proposed class action alleging the live entertainment ticket vendor hides fees from customers until checkout, finding there were enough factual questions to get the lead plaintiff “past the pleading hurdle,” but adding that “it may not get her past any other hurdle.”

  • June 11, 2018

    Securities Fraud Class Actions Must Be Curtailed, Attys Say

    Class action securities fraud suits have proliferated in recent years, a trend that’s harming U.S. businesses, investors and the economy, and it needs to be reversed, a panel of defense attorneys said at an event Monday in Lafayette Hills, Pennsylvania.

  • June 11, 2018

    Chesapeake Can't Dump 'Sham' Claims In Barnett Shale MDL

    A Texas judge has rejected an attempt by subsidiaries of Chesapeake Energy Corp. to eliminate from multidistrict litigation claims it used “sham transactions” to lower the royalties it owed to Barnett Shale mineral interest owners.

Expert Analysis

  • Unanswered Questions After Dynamex, And What Lies Ahead

    Richard Reibstein

    When the California Supreme Court issued its groundbreaking decision in Dynamex v. Superior Court of Los Angeles County on April 30, announcing a new test for independent contractor status under certain California laws, it left open a host of questions that are likely to vex lawyers, businesses and workers, say Richard Reibstein and Nina Huerta of Locke Lord LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Employee Arbitration Agreement Insights From Rhode Island

    Alicia Samolis

    A Rhode Island federal court recently ruled in favor of an employer in a decision concerning an employee arbitration agreement, an intriguing split from a decision in a similar case months earlier by the same court in a separate session, say Alicia Samolis and Chris Wildenhain of Partridge Snow & Hahn LLP.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • 9th Circ. Lowers The Bar On Tender Offer Claims

    William Sullivan

    The Ninth Circuit’s recent decision in Varjabedian v. Emulex Corp. substantially diminished the initial burden in pleading claims related to tender offers under Section 14(e) of the Exchange Act. This provides plaintiffs with a reason to bring their cases in the Ninth Circuit, say attorneys with Paul Hastings LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.