Class Action

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    4 Privacy Disputes Ripe For Supreme Court Review

    While the U.S. Supreme Court doesn't currently have a blockbuster privacy case on its docket, several hot-button issues are primed to be added to the justices' agenda, such as the standards for certifying massive privacy classes and the harm that has to be shown to prop up data breach claims.

  • October 11, 2019

    Purdue Opioid Suits Get One-Month Pause, For Now

    A New York bankruptcy judge Friday put the opioid lawsuits against Purdue Pharma LP on a monthlong hold after the drugmaker and the government bodies suing it agreed to the pause while they try and work out terms for a longer stay.

  • October 11, 2019

    Real Estate Developer Settles Spam Text Suit For $1.5M

    A real estate investment management company has agreed to pay $1.5 million to put to bed a proposed class action accusing it of sending more than 100,000 spam text messages promoting its rental apartments, according to documents filed in Florida federal court. 

  • October 11, 2019

    Sorin Settlement Offers Heart Patients Free Monitoring

    The former Sorin Group USA Inc. will provide free medical monitoring to heart surgery patients who were allegedly exposed to greater risk of infection at two Pennsylvania hospitals by the use of Sorin products, according to a preliminary settlement agreement submitted to a federal judge Friday.

  • October 11, 2019

    Court Skeptical Of Columbia's Bid To End ERISA Suit

    A New York federal magistrate judge appeared unpersuaded by Columbia University’s attempts to bring an early end to a class action challenging its retirement plan’s fees and investments, saying during a hearing Friday that he sees factual disputes in the case that can’t be resolved without a trial.

  • October 11, 2019

    Restasis Payors Defend Class Cert. Bid In Allergan Suit

    A group of Restasis buyers on Friday defended class certification in their New York federal suit accusing Allergan of boosting profits by delaying a cheaper generic version of the dry-eye medication, saying they share numerous, common antitrust injuries.

  • October 11, 2019

    8th Circ. Won’t Rehear Monsanto Label Settlement Objection

    The Eighth Circuit will not rehear an objector's case against a $21.5 million settlement between Monsanto Co. and a class of Roundup buyers who claimed the company deceived them about how much weedkiller could be made from concentrate, the court announced Friday.

  • October 11, 2019

    Chicago's Ex-Chief Judge Turns To 'Unfinished Business'

    After 25 years on the federal bench in Chicago, former Chief U.S. District Judge Rubén Castillo is returning to private practice as a man with a mission, ready to tackle "unfinished business."

  • October 11, 2019

    Firms Want $2M In Fees For Quantum Accounting Settlement

    Kirby McInerney and Glancy Prongay & Murray asked a California federal court Thursday for roughly $2 million in fees for their efforts securing a tentative $8 million from data storage company Quantum Corp. to resolve a shareholder lawsuit over its accounting practices.

  • October 11, 2019

    ICE Still Violating Immigrants' Due Process, Mass. Judge Says

    U.S. Immigration and Customs Enforcement is still routinely violating the legal process for examining whether detained immigrants should be released, a Massachusetts federal judge concluded Friday after questioning an ICE official as part of a lawsuit brought by a class of immigrants and their U.S. citizen spouses.

  • October 11, 2019

    US Foods, Disney Object To $135M Deal In Truck Engine Row

    Disney and U.S. Foods are among truck fleet owners objecting to a $135 million settlement between Navistar Inc. and a proposed class of truck buyers, saying the deal is inadequate and unfair because it fails to compensate them for the diminished market value of trucks with defective diesel engines.

  • October 11, 2019

    Investors Fight Bid To Ax Suit Alleging College App Fraud

    Shareholders accusing a China-based education company of ghostwriting college applications said Thursday that rather than addressing their revamped allegations, the company's latest dismissal bid merely rehashes a judge's order tossing an old incarnation of the proposed class action.

  • October 11, 2019

    Abrams, Olshan Draw Guff For $22M Fee Bid On $47M Deal

    Abrams & Bayliss and Olshan Frome Wolosky faced pushback Thursday on a $22 million fee bid for brokering a potential $47 million deal on behalf of a putative class of investors challenging Medley Capital Corp.'s proposed tie-up with Sierra Income Corp., as the defendants cast doubt that the deal is worth that much.

  • October 11, 2019

    Fyre Fest Ticket Holders Want Ja Rule Back In $100M Suit

    Just when rapper Ja Rule thought he was out, jilted Fyre Festival ticket holders suing for $100 million are trying to pull him back in, claiming new information shows he was promoting the doomed festival even as he knew it was destined for spectacular failure.

  • October 11, 2019

    Chesapeake Tries To Shake Off Okla. Quake Damage Suit

    A Chesapeake Energy Corp. unit has told a federal court it cannot be held responsible for earthquake-related damage alleged by scores of Oklahoma residents who are suing it and a slew of other oil and gas companies in a proposed class action.

  • October 11, 2019

    Fired Workers Want Bayou Steel Ch. 11 Sent To Louisiana

    A group of employees terminated by steel mill operator Bayou Steel BD Holdings LLC shortly before it filed for Chapter 11 protection have asked a Delaware judge to transfer the bankruptcy cases to Louisiana, arguing the company has no real connections to the First State.

  • October 11, 2019

    Hyundai, Kia Set Aside $758M To End Suits Over Engine Fires

    Hyundai and its affiliate Kia on Friday said that they have earmarked up to $758 million to settle class actions over a defect that allegedly caused engines of cars in the U.S. and South Korea to burst into flames.

  • October 10, 2019

    Kessler Topaz, Prickett Jones Want In On Medley Fees

    An investor told the Delaware Chancery Court Thursday his counsel at Kessler Topaz and Prickett Jones are entitled to about $440,000 in legal costs for their help brokering an estimated $47 million deal on behalf of a putative investor class that challenged Medley Capital Corp.'s proposed complex merger with Sierra Income Corp., while also questioning the co-lead counsel's $22 million fee bid.

  • October 10, 2019

    Pinnacle Can't Boot Wage Claims From Dealers' FLSA Suit

    A Missouri federal judge on Thursday refused to let Pinnacle Entertainment off the hook for claims that it cheated table dealers out of their minimum wages by diverting money from their checks to pay their gaming license fees.

  • October 10, 2019

    Northrop Defends 401(k) As Trial Looms In ERISA Class Action

    Northrop Grumman Corp. is gearing up to stand trial next week on allegations that its 401(k) plan betrayed workers by using a costly management strategy for a risky investment fund, telling a California federal judge that the strategy made sense at the time.

  • October 10, 2019

    19 Abilify Claims Tossed As Lacking Proof In MDL Settlement

    A Florida federal judge overseeing multidistrict litigation over side effects of the antipsychotic drug Abilify dismissed another 19 individual cases Thursday as a sanction for those consumers' failures to comply with court orders following the announcement of a global settlement in February.

  • October 10, 2019

    Investors' Securities Fraud Class Claims Fall Short In Pa.

    A Pennsylvania federal judge on Wednesday axed a proposed securities class action against a semiconductor manufacturer after finding that investors failed to allege the company and a top executive had knowingly made misleading statements in financial disclosures.

  • October 10, 2019

    Ariz. Can't Intervene In Pressure Cooker Deal, 6th Circ. Says

    The Sixth Circuit on Thursday shot down the state of Arizona's attempt to intervene in a settlement involving coupons in a class action over allegedly defective pressure cookers, rejecting the attorney general's arguments that it's acting on behalf of its citizens in an unfair deal.

  • October 10, 2019

    ICE Releases Three Immigrants In US Citizen Spouse Suit

    U.S. Immigration and Customs Enforcement agreed Thursday to release three undocumented immigrants who have U.S. citizen spouses as a Massachusetts federal judge grilled ICE officials about the process they use to determine whether to keep immigrants jailed as they pursue green cards.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • A Weak Link In Consumers' FDA Test Claims

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    As class action plaintiffs scrutinize more consumer product labels, they increasingly allege that their own U.S. Food and Drug Administration-compliant testing has obtained results contrary to what the product says, presenting defendants with an opportunity to scrutinize claims at the threshold, say Joshua Fougere and Jacquelyn Fradette at Sidley.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

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    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

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    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

  • Options For Calif. Franchisors After New Contractor Standards

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    Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Rebuttal

    Mutual Funds Should Consider Shareholder Litigation

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    A recent Law360 guest article attempts to dissuade mutual funds from engaging in shareholder litigation, but it ignores the practical realities of how, under the right circumstances, it often makes sense for mutual funds to participate, say attorneys at Labaton Sucharow.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

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    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • NY Pay Frequency Ruling May Expand Employer Liability

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    In Vega v. CM & Associates Construction Management, a New York appellate court recently recognized for manual workers a private cause of action and the ability to recover liquidated damages when they have been paid late, a decision that could lead to an uptick in pay frequency claims, say Leni Battaglia and Melissa Rodriguez at Morgan Lewis.

  • Vaping Crisis Raises New Liability And Insurance Issues

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    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.