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Class Action

  • January 8, 2019

    Cambridge Analytica Exec Can’t Stay Out Of Ch. 7 Case

    The Cambridge Analytica LLC director who signed the consulting firm’s bankruptcy papers can’t use a claim he wasn’t properly served to duck his role as the firm’s representative in its Chapter 7 case, a New York bankruptcy judge has found.

  • January 8, 2019

    Kessler Topaz Gets Lead In Campbell Soup Investor Suit

    A New Jersey federal magistrate judge on Tuesday ordered Kessler Topaz Meltzer & Check LLP to serve as lead counsel and Carella Byrne Cecchi Olstein Brody & Agnello PC as liaison counsel in a proposed shareholder class action that accuses Campbell Soup Co. of deceiving investors into buying stock at inflated prices.

  • January 8, 2019

    Cboe Shouldn’t Be Let Out Of VIX Manipulation MDL

    Chicago Board Options Exchange investors urged an Illinois federal court not to let Cboe Global Markets Inc. out of multidistrict litigation accusing it and related entities of manipulating the exchange's volatility index, or VIX.

  • January 8, 2019

    Marriott Wants Data Breach MDL In Home State Of Md.

    Marriott International Inc. asked the U.S. Judicial Panel on Multidistrict Litigation on Monday to combine dozens of consumer class actions filed in the wake of its massive data breach in its home state of Maryland.

  • January 8, 2019

    Auto Bearings Buyers Lose Class Cert Bid In Antitrust MDL

    The first certification ruling in long-running multidistrict litigation over auto part price-fixing came out a loss for bearings buyers, as a Michigan federal judge found Monday that the distributors pushing to lead the class have too small a stake in the multitiered and massive bearings market to represent thousands of players.

  • January 8, 2019

    'Botched' Merger Disclosures Put Ambry On Hook For $450K

    Citing “botched” Ambry Genetics Corp. disclosures to minority stockholders about a $1 billion merger and a “ridiculous” attempt to defend some omissions, Delaware’s Chancellor ordered the company to pay a $450,000 fee to attorneys in a class damage suit that was mooted by fuller disclosures.

  • January 8, 2019

    Mushroom Farms Escape Winn-Dixie Antitrust Suit

    Supermarket chain Winn-Dixie Stores Inc. can’t include individual farms in its lawsuit accusing a mushroom-farming cooperative of anti-competitive practices, after a Pennsylvania federal judge ruled Tuesday that membership in the cooperative alone was not enough for the farms to be accused of conspiracy.

  • January 8, 2019

    Georgetown Becomes Latest School To Beat ERISA Fee Row

    Georgetown University on Tuesday became the latest school to beat a proposed Employee Retirement Income Security Act class action over its retirement plans' fees and investments, with a Washington, D.C., federal judge throwing out a suit claiming the school's two plans overcharged for recordkeeping services and held on to underperforming investments. 

  • January 8, 2019

    Athenahealth Faces Shareholder Suit Over $5.7B Merger

    A proposed shareholder class action filed in Massachusetts federal court Monday asserts that a $5.7 billion plan for Veritas Capital and Elliot Management affiliate Evergreen Coast Capital to take Athenahealth private is based on misleading and inadequate financial analyses and overlooks potential conflicts of interest.

  • January 8, 2019

    South Korean Actor Slams Tesla In Sudden-Acceleration Suit

    A South Korean musician and actor has pressed ahead with allegations that Tesla sold vehicles that suddenly accelerated without warning and hit the electric automaker with new claims of slander and defamation for suggesting he used his celebrity status to gain a payout, according to an amended complaint filed in California federal court Monday.

  • January 8, 2019

    Takata Allows $53M Ch. 11 Claim To End Price-Fixing Suit

    Takata has agreed to carve out a $53.2 million unsecured claim in its Chapter 11 for a proposed class of car owners accusing the Japanese auto parts maker of conspiring with others to fix prices.

  • January 8, 2019

    $3.3M Deal Over Unwanted Ad Faxes Receives Early OK

    An Illinois federal judge gave preliminary approval Tuesday to a $3.3 million deal to end class allegations that Mesa Laboratories Inc. sent thousands of unsolicited advertising faxes that didn't include legally required opt-out information.  

  • January 8, 2019

    Seattle Paratransit Drivers Denied Cert. In Meal Break Suit

    A Washington federal judge has declined to certify a proposed class in a suit alleging two businesses that jointly provide paratransit service in the Seattle area denied hundreds of drivers rest and meal breaks required under state law.

  • January 8, 2019

    NY Restaurateur Facing Wage Suit From Ex-Bussers

    New York City celebrity chef Chris Santos’ restaurant group on Monday was hit in federal court with a collective action by three former employees of high-end eatery Beauty and Essex, claiming they were underpaid and forced to perform untipped work without being fairly compensated for it.

  • January 7, 2019

    Immigrant Parents Aren't Owed Mental Health Care, Feds Say

    The government asked a California federal judge Monday to toss a proposed class action by immigrant parents seeking mental health care after being separated from their children under Trump administration policy, arguing any obligation to provide such care ended when the parents were released from custody.

  • January 7, 2019

    FDA Understood Proposed Fosamax Warnings, Justices Told

    A deputy U.S. solicitor general told the U.S. Supreme Court on Monday that there is no reason to think the U.S. Food and Drug Administration was confused by Merck’s proposed warning on femoral fractures for its osteoporosis drug Fosamax, a warning the agency rejected.

  • January 7, 2019

    Fisker Fraud Claims Time-Barred In Ill., 7th Circ. Says

    A group of Illinois investors who say carmaker Fisker Automotive’s top shareholders duped them into buying its stock just before going bankrupt brought their claims six months too late to proceed under the state’s securities laws, the Seventh Circuit held Monday.

  • January 7, 2019

    Class Fights Early Review Of Fitbit Insider Trading Suit

    Attorneys for Fitbit Inc. stockholders on Monday opposed a company bid for an early Delaware Supreme Court challenge to a Chancery Court decision nixing the dismissal of a $386 million derivative insider trading and fiduciary breach suit against key company figures in December.

  • January 7, 2019

    Justices Won't Hear Fiat Chrysler Bid To Undo Hack Cert.

    The U.S. Supreme Court on Monday declined to hear Fiat Chrysler’s bid to swiftly challenge an Illinois district court’s certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, preserving a Seventh Circuit decision clearing the way for a multistate trial against the automaker.

  • January 7, 2019

    Tesaro Hit With Investor Suit Over $5B Merger Deal With GSK

    A stockholder’s proposed class action against cancer drug manufacturer Tesaro Inc. and its executives has alleged in Delaware federal court that a proposed $5.1 billion merger with British pharmaceutical company GlaxoSmithKline is based on misleading financial analyses filed with the U.S. Securities and Exchange Commission.

Expert Analysis

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Beware California Northern District's Class Action Updates

    Niki Mendoza

    If you are a class action litigator and haven’t been paying attention to the new guidance on class action settlements issued by the Northern District of California, you should now, says Niki Mendoza of Epiq.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    An Opportunity To Slow The Rise Of Securities Class Actions

    Joshua Briones

    A major securities fraud case now before the U.S. Supreme Court — Lorenzo v. U.S. Securities and Exchange Commission — marks the first of many opportunities the court will have to roll back expansive interpretations of securities law and deter plaintiffs from filing low-quality complaints, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Has The 11th Circ. Become Consumer-Friendly?

    Austin Whitten

    Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.