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Class Action

  • August 10, 2018

    Jeep Buyers Can't Revive Fuel Tank Suit, 8th Circ. Rules

    The Eighth Circuit on Friday refused to revive a proposed class action alleging Fiat Chrysler misrepresented the safety of certain Jeep vehicles with fuel tanks that supposedly posed a fire risk, saying the man who brought the suit wasn't necessarily aware of the statements at issue when he purchased his Jeep.

  • August 10, 2018

    Schwab Pushes Back On Banks' Latest Bid To Ax Libor Claims

    Charles Schwab Corp. on Thursday defended its revived and amended claims against a slew of the world’s largest banks over their alleged manipulation of the London Interbank Offered Rate, telling a New York federal judge that it’s tightened up its complaint enough for the case to proceed.

  • August 10, 2018

    Investor Hits Tesla, Musk With Fraud Claims Over Tweet

    An investor hit Tesla Inc. and its founder Elon Musk with a proposed securities fraud class action in California federal court, claiming they tried to pump up stock prices by proclaiming plans to take the company private — without having the more than $71 billion privatizing would require.

  • August 10, 2018

    Oracle Slapped With Securities Fraud Suit After Stock Drop

    Investors filed a proposed securities fraud class action Friday against Oracle in California federal court, holding the technology giant responsible for a one-day stock price plunge of 9.4 percent and alleging the company’s cloud revenues were driven by unsustainable “coercive” sales tactics.

  • August 10, 2018

    Restaurants Imposed 'Tax' To Steal Servers' Tips, Suit Says

    Three Italian restaurants in southwestern New Jersey were hit Thursday with a putative class action in state court alleging their owners and operators routinely stole tips from servers through a policy known as the “Coppola Tax,” named after the family behind the businesses.

  • August 10, 2018

    Qualcomm Fights 'Unprecedented' Class Cert. In Chip Row

    Chipmaker Qualcomm has urged a California federal court not to certify a class of smartphone buyers suing the manufacturer for forcing companies like Apple and Samsung into paying high royalty rates that were allegedly then passed on to the public, arguing the class of 250 million people is unfeasible and "unprecedented." 

  • August 10, 2018

    Woodbridge Creditors Object To Claim Assignment Plan

    A group of noteholders of the Woodbridge Group of Companies LLC says the debtor’s proposed plan disclosure statement is impermissible because it would seek to solicit creditors with potential class claims relating to a Ponzi scheme run by the debtor to assign those claims to a plan litigation trust.

  • August 10, 2018

    Health Plans Must Face Suit Over Denying Wilderness Therapy

    Regence BlueShield and Cambia Health Solutions Inc. can't dodge a proposed class action accusing them of improperly denying health insurance claims for wilderness therapy, an immersive form of therapy used to treat emotional, mental and behavioral issues in young people, a Washington federal judge decided Thursday.

  • August 10, 2018

    Krazy Glue Beats Class Bid In Slack-Fill Packaging Suit

    A California federal judge denied class certification in a suit alleging the makers of Krazy Glue are duping buyers with excessive empty space in its packaging, saying the lead plaintiff had failed to show the alleged deception cost him or anyone else money.

  • August 10, 2018

    Power Generators Inflated Energy Costs, Reseller Claims

    A small electricity reseller in New Hampshire lodged a proposed class action against Eversource Energy and Avangrid Inc. in Massachusetts federal court on Friday, claiming two of the largest power generators in the northeastern United States artificially drove up the wholesale cost of electricity for providers.

  • August 10, 2018

    Apple Fights App Store Monopolization Claims At High Court

    Apple Inc. urged the U.S. Supreme Court in an opening brief on Friday to toss a proposed consumer class action claiming the technology giant illegally monopolized the iPhone app market, arguing that it acts merely as an agent for developers who set their own prices.

  • August 10, 2018

    Health Co. Says Insurer Owes Coverage For Benefits Dispute

    A health management solutions company accused Atlantic Specialty Insurance Co. in Iowa federal court Friday of wrongly denying coverage for costs incurred from an Employee Retirement Income Security Act suit over a purchase by the company's employee stock ownership plan.

  • August 10, 2018

    American Airlines Stalling ERISA Class Cert. Fight: Workers

    Participants in an American Airlines retirement plan have urged a Texas federal judge to reject the airline’s request to file another response in briefing over class certification in their Employee Retirement Income Security Act suit, calling the motion “a last-ditch effort to burden the court with more paper.”

  • August 10, 2018

    Nike Sued Over Sex Bias, Ignoring Harassment Complaints

    Several female former Nike employees filed a proposed class action Thursday that alleges the sports apparel giant systematically pays women less than their male counterparts, holds them back from promotions and gives short shrift to their complaints of sexual misbehavior.

  • August 10, 2018

    Mt. Gox Traders Seek Default Win After Ex-CEO Doesn't Show

    A former user of the now-defunct Bitcoin exchange Mt. Gox asked an Illinois federal judge to enter a default judgment against the exchange’s founder Mark Karpeles on Friday, saying he has not responded to a proposed class action over its collapse.

  • August 10, 2018

    Consumers Seek OK On New Kimpton Data Breach Settlement

    A proposed class of consumers that sued Kimpton Hotel & Restaurant Group LLC over a 2016 security breach has handed a California federal court a new version of its settlement, saying the settlement amount is more than enough to cover all claimants and the claim form is easier to complete.

  • August 10, 2018

    JPMorgan's $3M Vehicle Repo Deal With Consumers Approved

    A Minnesota federal judge Thursday gave her initial approval to a $3.25 million deal struck between JPMorgan Chase Bank NA’s auto financing arm, a debt collector and a proposed class of Minnesota consumers who allegedly had their cars illegally repossessed during a five-year period.

  • August 10, 2018

    Chesapeake Energy Reaches $8M Deal On Gas Royalty Suits

    Chesapeake Energy Inc. has reached a tentative $7.75 million settlement in two proposed class action suits over allegedly inflated costs and fees deducted from leaseholders’ gas royalty payments, according to filings in Pennsylvania federal court Thursday.

  • August 10, 2018

    Apollo Global, HR Co. Cut $3M Deal In WARN Act Suit

    Apollo Global Management LLC announced it will pay the majority of a $3 million deal to settle a putative class action alleging that it and a human resources company failed to properly warn about 1,000 employees of layoffs at California locations of Apollo's now-defunct party rentals company.

  • August 10, 2018

    Travel Agency Hit With TCPA Class Action Over Cuba Texts

    An online travel agency that arranges trips to Cuba got slapped with a proposed class action in Florida federal court on Thursday for allegedly violating the Telephone Consumer Protection Act, with the lead plaintiff claiming he received an illegal telemarketing text message via an automatic telephone dialing system.

Expert Analysis

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limitations Of Human Capital Theory In Pay Equity Analyses

    Cliff Haimann

    Plaintiff statistical experts have recently applied the human capital theory when evaluating compensation disparities. But analysts who adhere solely to this approach may be presenting analyses that do not capture the complete story, says Cliff Haimann of DCI Consulting Group.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Effective Securities Class Action Defense Post-Cyan

    Doug Greene

    Because of the U.S. Supreme Court's decision in Cyan earlier this year, key strategic and economic aspects of securities class action defense will take place in the uncharted territory of state court. And decisions defendants make in the first few days of the litigation will have a significant impact on their options for resolution, say Doug Greene and Jessie Gabriel of BakerHostetler.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • The Narrowing Of Damages Claims In Advertising Cases

    Timothy Snail

    Because false advertising cases usually conclude before courts can offer an opinion on damages, it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning v. Kohl's Department Stores, clarifies this issue, which has previously split the California district courts, says Timothy Snail of Charles River Associates.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.