Class Action

  • October 03, 2019

    'Boilerplate' Mednax Stock Drop Suit Dismissed

    Health care administration company Mednax and its executives on Thursday escaped for now a proposed class action brought by investors when a Florida federal judge decided the company did not mislead with its upbeat assessments of its prospects for continuing to scoop up anesthesiology businesses.

  • October 03, 2019

    Drivers Rip GM's $40M Settlement Over Oil-Guzzling Engines

    A Florida federal judge was urged Wednesday to deny final approval of a $40 million deal General Motors reached to settle claims of defective engines in two SUV models, as three owners argued the proposal does not benefit all class members, among other issues.

  • October 03, 2019

    Calif. Phone Co. Hit With Class Action Over Unwanted Calls

    A California man hit the Southern California Telephone Co. with a proposed class action Wednesday, accusing the company of violating the Telephone Consumer Protection Act by calling him repeatedly despite his number being on the National Do Not Call Registry.

  • October 03, 2019

    Molson Coors Stock-Drop Suits Over Tax Reporting Combined

    Two securities fraud suits accusing Molson Coors Brewing Co. of underreporting its tax liability by nearly $248 million following its 2016 acquisition of MillerCoors LLC have been consolidated into one case in Colorado federal court.

  • October 03, 2019

    Trevena Says Investors' Key Doc Contradicts Fraud Claims

    Trevena Inc. said in a dismissal bid Wednesday that the investors accusing it of misleading them about interactions with regulators have “seriously misapprehen[ded]” the main document underlying their claims.

  • October 03, 2019

    SmileDirectClub Hit With Investor Suit Over $1.3B IPO

    SmileDirectClub was hit with a putative class action in Michigan federal court Wednesday alleging the maker of direct-to-consumer 3D-printed teeth alignment products misled investors ahead of its $1.3 billion initial public offering in September.

  • October 03, 2019

    MGM To Pay Up To $800M To End Las Vegas Shooting Suits

    MGM Resorts International said Thursday it will pay up to $800 million to settle lawsuits stemming from the 2017 mass shooting in Las Vegas that killed 58 people.

  • October 02, 2019

    Former Clyde & Co Partners Launch 35-Atty Atheria Law

    A group of ex-Clyde & Co LLP insurance and reinsurance attorneys have announced the launch of Atheria Law, their new San Francisco-based firm with 35 attorneys practicing in the Bay Area as well as in Los Angeles, Atlanta and New York.

  • October 02, 2019

    Chicago Escapes SWAT Officers' Wage Suit Over Gun Storage

    Chicago's SWAT officers are not entitled to compensation for time spent transporting and storing their firearm gear between their vehicles and homes because that activity is not integral to their primary duties, an Illinois federal judge said Tuesday.

  • October 02, 2019

    ABB Slips Workers' Suit Over Health Plan Data Breach

    A North Carolina federal judge has tossed a proposed class action claiming ABB Inc. sat on its hands while personal data from thousands of employees' health plans was compromised in a 2017 breach, saying the workers failed to show they were at risk of identity theft.

  • October 02, 2019

    NY Judge Inks $21.7M Judgment For Private Equity Investors

    An investor in a MapleWood Partners LP fund won a $21.7 million judgment in New York trial court against the private equity firm and its directors after they were found to have breached their fiduciary duty to the fund.

  • October 02, 2019

    Centra Tech Investors Fight Judge's Cert. Denial In ICO Suit

    Investors in the defunct cryptocurrency company Centra Tech disputed a Florida federal judge's denial of their class certification bid for being "untimely," saying Tuesday that the judge himself never set a deadline.

  • October 02, 2019

    3rd Circ. Doubts Merck's Arbitration Bid In Vaccine Suit

    The Third Circuit appeared skeptical of Merck Sharp & Dohme Corp.'s bid for more time to build its case for keeping antitrust claims over vaccine prices out of court, suggesting Wednesday that the work should've been done before the pharmaceutical powerhouse sought to force arbitration.

  • October 02, 2019

    Citing SEC Settlement, Crypto Investors Fight Dismissal Bids

    Investors in biotech company-turned-cryptocurrency enterprise Riot Blockchain Inc. fired back late Tuesday at a flurry of requests to end their consolidated class action made by those they accused of taking over the company in service of a pump-and-dump stock manipulation scheme.

  • October 02, 2019

    Ford Must Face Shattering Sunroof Suit, Say Wash. Drivers

    Drivers told a Washington federal judge Tuesday that Ford must face a proposed class action accusing it of knowingly selling vehicles with sunroofs that spontaneously shattered, saying they can prove Ford duped consumers into paying a premium for a defective product.

  • October 02, 2019

    Justices Urged To Use IBM Case To Set Trial Courts Straight

    The U.S. Supreme Court should use a legal battle over IBM's management of its employee stock ownership plan to rein in the misapplication of the high court's 2014 Dudenhoeffer decision on ERISA pleading standards, a plaintiffs lawyers' group and a public interest law firm have told the justices. 

  • October 02, 2019

    JPML Sends Juul Marketing Suits To Calif.

    The Judicial Panel on Multidistrict Litigation on Wednesday sent lawsuits alleging that Juul marketed its e-cigarettes to teens and downplayed the risks of nicotine addiction to California federal court, shooting down a proposal to create two MDLs.

  • October 02, 2019

    Par Settlement Gets OK In Zetia Generic Delay Case

    A Virginia magistrate judge has recommended approval of a settlement between several drug purchasers and Par Pharmaceuticals in a case alleging the company, along with Merck & Co. Inc. and Glenmark Pharmaceuticals Inc., conspired to delay a generic version of the cholesterol drug Zetia.

  • October 02, 2019

    Experian Must Face Delinquent Payday Loan Suit Again

    Reversing his previous ruling after a successful appeal, a California federal judge certified a class of more than 100,000 payday loan customers who claim consumer-reporting giant Experian "jeopardized" their credit history by reporting debts on disputed loans.

  • October 02, 2019

    Home Improvement Chain Should Have Settled, Insurer Says

    An excess insurer told an Illinois federal court Tuesday that it’s not on the hook for any portion of the $6 million that home improvement store chain Menard Inc. owes for a personal injury lawsuit after the store blew a chance to settle the case for less than $2 million.

  • October 02, 2019

    Investors Say Curo's Bid To Nix Their Suit Misses The Point

    Investors on Tuesday said their stock-drop suit against online lender Curo is about misrepresentations regarding a transition away from its most profitable product, not a simple failure to meet financial goals, as the company suggests.

  • October 01, 2019

    J&J Inks $20.4M Deal Just Ahead Of Opioid Bellwether

    Johnson & Johnson has agreed to pay $20.4 million to resolve claims by two Ohio counties that were going to be at the center of the first bellwether trial later this month in multidistrict litigation against drugmakers blamed for the U.S. opioid crisis.

  • October 01, 2019

    Bernstein, Friedlander To Lead Mindbody Investor Litigation

    Bernstein Litowitz Berger & Grossmann LLP and Friedlander & Gorris PA will lead newly consolidated litigation brought by investors challenging software provider Mindbody Inc.'s $1.9 billion take-private sale to Vista Equity Partners, a Delaware state judge ordered Tuesday.

  • October 01, 2019

    Buccaneers' $19.5M Junk Fax Deal Not Fair To All, Judge Says

    A Florida federal judge on Monday threw out a $19.5 million class settlement to resolve Telephone Consumer Protection Act litigation over faxed ads for Tampa Bay Buccaneers game tickets, finding that a recent Eleventh Circuit ruling highlighted that the plaintiffs' interests didn't align with all class members. 

  • October 01, 2019

    CareerBuilder Hit With ERISA Suit Over 401(k) Plan

    A member of CareerBuilder's 401(k) investment plan filed a class action in Illinois federal court Monday accusing the employment website of failing to limit "excessive and unreasonable" compensation to ADP and Morgan Stanley for record-keeping and advisory services, costing it millions of dollars.

Expert Analysis

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • A Closer Look At Calif. Privacy Law Bar On 2 Contract Clauses

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    It seems likely that practitioners will have a strong argument that the California Consumer Privacy Act’s prohibition on arbitration and class action waivers should be preempted by the Federal Arbitration Act, say Alexis Miller Buese and Rachel Goldberg of Sidley Austin.

  • The Supreme Court’s Stealth Revolution In Civil Procedure

    Excerpt from Lexis Practice Advisor
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    Over the last decade, U.S. Supreme Court decisions have created several procedural weapons, including personal jurisdiction, venue forum selection clauses, gatekeeping rules for pleadings, arbitration protections for businesses, and limits on class actions, says Jim Wagstaffe of Wagstaffe von Loewenfeldt.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • How Opioid 'Negotiating Class' Would Affect Civil Claims

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    The opioid multidistrict litigation plaintiffs' proposal for the first ever "negotiating class" highlights numerous issues with using civil litigation to create funding for a social crisis without regard to fundamental legal tenets, says Adam Fleischer of BatesCarey.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Courts Are More Rigorously Scrutinizing Class Settlements

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    Although the hurdles to certification of a settlement class are not as high as they were last year, the difficulties of demonstrating that a class action settlement is fair, reasonable and adequate arguably trend higher, say attorneys at Alston & Bird.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon Reviews 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • The First Deference Ruling Of High Court Term

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    PDR Network v. Carlton & Harris is a Telephone Consumer Protection Act case, but the U.S. Supreme Court's decision last week drew some important battle lines over the broader question of agency deference, say Artin Betpera and David Carter of Womble Bond.

  • 5 Lessons From JPMorgan's Parental Leave Litigation

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    In light of JPMorgan Chase's recent $5 million settlement in a class action alleging sex discrimination in its parental leave policy, employers should proceed with caution when it comes to policies that differentiate between primary and nonprimary caregivers, says Alexandra Harwin of Sanford Heisler.

  • An Analytical Approach To Defending Securities Class Claims

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    A recent analysis indicates that 33 securities class action complaints filed in the last year contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Verifiable absence of indirect price impact can help directors and officers execute a successful defense to negate class treatment, says Nessim Mezrahi of SAR.

  • Threat Of Sales Tax Overcollection Suits Grows Post-Wayfair

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    Although the full effect of last year's South Dakota v. Wayfair U.S. Supreme Court decision is still uncertain, we expect that the trend of consumer sales tax class actions will grow as retailers struggle to keep up with the proliferation of states' Wayfair regulations, say attorneys at Ropes & Gray.

  • Offshore Rig Ruling Checks State Claims At Shore

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    The U.S. Supreme Court's broad ruling in Parker Drilling v. Newton that federal — not state — wage laws apply to offshore oil workers is an important win for companies with operations on the Outer Continental Shelf, say attorneys at Paul Hastings.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

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