Class Action

  • October 12, 2017

    Microsoft Ruling Dooms Cymbalta Labeling Suit: 9th Circ.

    The Ninth Circuit on Thursday dismissed three consumers’ bid for class certification in litigation accusing Eli Lilly & Co. of hiding the magnitude of withdrawal risks for its antidepressant Cymbalta, finding that the U.S. Supreme Court’s recent decision in Microsoft Corp. v. Baker doomed the appeal.

  • October 12, 2017

    Burger King Settles Croissan’wich Suit With $2 Gift Cards

    Burger King on Wednesday settled class action claims that it overcharged customers who ordered Croissan’wiches with a coupon, agreeing to provide $2 gift cards and pay $185,000 in attorneys' fees after finding that some customers who ordered their sandwiches without eggs, cheese or meat may have been overcharged.

  • October 12, 2017

    7th Circ. Won't Grant Cert. To Union Fee Challengers

    The Seventh Circuit on Wednesday upheld a district court’s denial of class certification to a group of home health care workers challenging union fees charged to nonmembers, saying there was no evidence of a common class injury.

  • October 12, 2017

    Barclays Urges 9th Circ. Not To Revive Dark Pool Suit

    Barclays Capital Inc. on Wednesday asked the Ninth Circuit not to revive a proposed class action from a broker-dealer that alleges it was misled about the risks of trading on a dark pool, saying that two lower court judges correctly concluded that Great Pacific Securities lacked a legal leg to stand on.

  • October 12, 2017

    Dealers Seek To Pause 26 Lawsuits Against Auto Parts Makers

    A group of automobile dealers suing more than 120 auto parts manufacturers in 26 separate lawsuits over alleged price-fixing asked a Michigan federal judge Wednesday to pause their cases until they receive payments from a wave of settlements in the multidistrict litigation.

  • October 12, 2017

    Expedia Can't Trim Claims In Hotels' False Ad Suit

    A California federal judge ruled Wednesday that a pair of hotels provided enough evidence to survive a dismissal bid from Expedia in a suit accusing the company of luring in customers with false advertisements and then diverting them to make reservations at places where it gets a cut.

  • October 12, 2017

    1st Circ. Won't Rethink Ending Sarepta Securities Suit

    The First Circuit refused Wednesday to reconsider its August decision upholding the dismissal of a putative securities class action accusing drugmaker Sarepta Therapeutics Inc. of misleading investors over the possibility of government approval for its muscular dystrophy drug eteplirsen.

  • October 12, 2017

    Rams Fight Fan's Remand Bid In Ticket Litigation

    The Rams football team took aim Wednesday at an expert opinion supporting a personal-seat license holder's attempt to move to state court his long-running litigation over lost license rights, saying the fan’s expert failed to show that two-thirds of potential class members are Missouri citizens.

  • October 12, 2017

    Spectrum License Holder To Pay $9.4M To End Investor Suit

    Straight Path Communications has agreed to pay $9.45 million to settle a lawsuit with shareholders who accused the telecommunications asset holder of improperly acquiring and overstating the value of spectrum licenses, which caused the company’s stock price to drop when brought to light.

  • October 11, 2017

    Judge OKs $28.5M Deal To End Cnova Shareholder Action

    A New York federal judge gave preliminary approval Wednesday to a $28.5 million deal settling claims by Cnova shareholders that company executives and directors tanked the e-commerce firm's value by hiding inventory issues and overstating net sales.

  • October 11, 2017

    Häagen-Dazs Can't Slip TCPA Suit Over 'Thank You' Text

    A California federal judge refused Wednesday to throw out allegations that Häagen-Dazs and its parent company, Nestlé, violated the Telephone Consumer Protection Act with unsolicited automated texts thanking customers who signed up for the ice cream maker's rewards program, saying an accompanying link to its app arguably constitutes an advertisement.

  • October 11, 2017

    9th Circ. Hears Round 3 In Northstar Suit Over Schwab Fund

    Northstar Financial Advisors Inc. went before the Ninth Circuit on Wednesday for its third appeal in a putative class action claiming Charles Schwab Corp. broke its own rules for making risky bond-fund bets, arguing that a lower court erred in finding the class claims were barred by the federal Securities Litigation Uniform Standards Act.

  • October 11, 2017

    Patients Fault Cancer Center Over Ch. 11 Plan Info Omissions

    A putative class of 2.2 million patients suing bankrupt cancer treatment center operator 21st Century Oncology over a data breach that exposed their personal information said the company has unacceptably omitted any mention of their claims in its Chapter 11 plan disclosures.

  • October 11, 2017

    Fed. Circ. Upholds Alice Ax Of Shipping Patent

    A Federal Circuit panel summarily affirmed Wednesday an Ohio court's decision tossing a multidistrict lawsuit that R&L Carriers Inc. brought against four shipping services companies alleging infringement of its shipping logistics patent.

  • October 11, 2017

    Investors Seek Del. Revival Of iHeartMedia Debt Challenge

    Investors in a subsidiary of debt-burdened iHeartMedia Inc. told Delaware’s Supreme Court Wednesday that the Chancery Court had erred when it dismissed their challenges to using the unit as a cash cow to help out the parent company on the grounds the issue had already been decided.

  • October 11, 2017

    MGM, Bump Stock Seller Sued Over Vegas Mass Shooting

    A Las Vegas shooting victim and a gun control group filed separate suits in Nevada federal court Tuesday against the Mandalay Bay Resort, its owner MGM, and a seller of bump stocks that allow users to modify guns, alleging their negligent acts contributed to the deadliest mass shooting in recent U.S. history.

  • October 11, 2017

    Hospital Can’t Pause TCPA Suit For Autodial Definition

    A federal judge on Tuesday nixed a California hospital’s bid to pause a suit claiming it illegally robocalled debtors, calling it a stretch for the medical center to claim the case should be frozen while an appeals court defines the Telephone Consumer Protection Act’s scope in cracking down on automatic telephone dialing systems.

  • October 11, 2017

    GM, Driver Settle Ahead Of Bellwether Ignition Trial

    A New York federal judge on Tuesday said that the driver in an upcoming bellwether trial over ignition switches that allegedly caused cars to lose power without warning has reached a confidential settlement with General Motors LLC.

  • October 11, 2017

    Tesla Hit With Stock-Drop Suit Over Production Delays

    Tesla Inc. did not disclose information about production delays for its Model 3 sedan, resulting in a 4 percent drop in its stock, an investor claimed in a putative class suit filed in California federal court Tuesday.

  • October 11, 2017

    ChinaCast, Lenders Slam PE Firm's Insurance Payout Request

    ChinaCast Education Corp. and a group of its senior lenders Wednesday asked a New York bankruptcy judge to deny a creditor a $15 million insurance payout on a securities class action judgment, calling it an improper asset grab.

Expert Analysis

  • Insurers Win Series Against Lakers In TCPA D&O Shootout

    Lawrence Bracken II

    This month, the Ninth Circuit affirmed that the Los Angeles Lakers were not entitled to coverage for a fan's class action alleging violations of the Telephone Consumer Protection Act. This decision should not be seen to foreclose future TCPA defendants from obtaining D&O coverage, but it sends a staunch reminder to policyholders that they should carefully analyze the language of their policies, say attorneys with Hunton & Williams LLP.

  • The Difficulty With Classifying Employees As Exempt

    Camilo Echavarria

    In McKeen Chaplin v. Provident Savings Bank, the Ninth Circuit recently held that mortgage underwriters who worked for the bank were not “administrative employees,” and thus did not qualify for exemption from Fair Labor Standards Act overtime protections. In doing so, the court deepened a split among the circuits on this issue, say Camilo Echavarria and Beatrice Nuñez-Bellamy of Davis Wright Tremaine LLP.

  • Practicing Law In The Era Of 3rd-Party Litigation Funding

    David Silver

    The growth of third-party litigation funding has added a distinct variable to the world of civil litigation. Such funding has and will continue to change the calculus for many corporations and their defense counsel as to the tipping point between settling or pursuing a case to a court decision, says David Silver of Silver Public Relations.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • EEOC Wellness Regs Ironically Join The Walking Dead

    Frank Morris Jr.

    A Washington, D.C., federal court’s recent decision in AARP v. U.S. Equal Employment Opportunity Commission puts employers in a difficult position. Under the agency's current circumstances, it seems reasonable to expect that it may take some time to even determine how it will proceed, says Frank Morris Jr. of Epstein Becker Green.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • CFPB Arbitration Rule: What To Know And How To Plan

    Aaron Cutler

    Unless Congress invalidates the Consumer Financial Protection Bureau's recently announced arbitration rule through use of the Congressional Review Act or other (more protracted) means, the rule will become effective Sept. 18. Attorneys with Hogan Lovells examine what this means for covered financial institutions and what they should do now.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • Opinion

    Cobell Buy-Back Must Advance Indian Country Interests

    Keith Harper

    The Cobell buy-back program is the result of a settlement, and its implementation should be focused on how best to serve the plaintiff class and the communities from which they come. Because the Trump administration's July 28 announcement is a dramatic departure from this approach, it should be reconsidered, says Keith Harper of Kilpatrick Townsend & Stockton LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.