Class Action

  • October 10, 2019

    Court Told Settlement Is The Best Result For Purdue Ch. 11

    Bankrupt opioid maker Purdue Pharma LP again touted its proposed settlement of opioid litigation in a New York bankruptcy court Thursday and claimed individual lawsuits against it and company owners the Sackler family could destroy the value of the estate.

  • October 10, 2019

    Domino's Pizza Franchisee Reaches Deal In Driver Wage Suit

    An Illinois Domino's Pizza franchisee has agreed to pay roughly $800,000 to settle a collective action accusing it of underpaying pizza delivery drivers in violation of the Fair Labor Standards Act.

  • October 10, 2019

    Student Loan Servicer Accused Of Mishandling Overpayments

    A Wisconsin-based student loan servicer misrepresents the way it allocates excess payments from borrowers on income-based repayment plans, an Illinois borrower claimed Thursday.

  • October 10, 2019

    9th Circ. Rejects Latest NFL Bid To Derail 'Sunday Ticket' Suit

    DirecTV subscribers scored a win Thursday when the Ninth Circuit denied the NFL’s bid for a rehearing en banc on the court’s decision to revive an antitrust fight over the pay-TV service's "NFL Sunday Ticket."

  • October 10, 2019

    Purdue Docs Show DOJ Deal Is Key To Ch. 11 Settlement

    Bankrupt OxyContin maker Purdue Pharma LP has filed a term sheet in New York bankruptcy court detailing a proposed settlement it hopes will resolve thousands of lawsuits over the company's role in the national opioid crisis and calling for a deal to be reached with the federal government.

  • October 10, 2019

    Judge Tosses Two Ex-Hockey Players' Concussion Suits

    The Minnesota federal judge who oversaw a $19 million settlement between the NHL and players who sued it for allegedly lying about concussions has tossed a pair of closely related suits, finding she does not have jurisdiction because neither player had enough of a connection to the North Star State.

  • October 10, 2019

    J&J Nears OK For $6.3M Deal In Infant Tylenol False Ad Suit

    A California federal judge indicated Thursday he's prepared to greenlight a $6.3 million deal to resolve class claims that Johnson & Johnson tapped into the anxieties of new parents to mislead them into paying more for Infants' Tylenol containing the same medicine as Children's Tylenol.

  • October 10, 2019

    8th Circ. Undoes Werner Student Truckers' FLSA Win

    The Eighth Circuit on Thursday scrapped a nearly $800,000 damages award won by a massive class of student truck drivers accusing Werner Enterprises Inc. of violating federal labor and state wage laws, saying the lower court improperly let the drivers file late expert reports before trial.

  • October 10, 2019

    Illinois Wendy's Franchisee Hit With Biometric Privacy Suit

    A former crew member at an Illinois Wendy's has filed a proposed class action claiming that her employer, franchisee All-Star Inc., breached the state's unique biometric privacy law by scanning employees' thumbprints for time-keeping purposes without first getting consent.

  • October 10, 2019

    $11M ERISA Deal Over Hospital Pension Plan Wins OK

    A Rhode Island federal judge has given his final approval to an $11.15 million settlement in an Employee Retirement Income Security Act class action over an embattled retirement plan for hospital workers, rejecting claims that the deal resulted from “naked collusion.”

  • October 10, 2019

    JP Morgan Fees Center Stage In Del. Suit Over $3.2B Oil Deal

    Callon Petroleum Co. investors launched a Chancery Court suit late Wednesday over a proposed $3.2 billion all-stock acquisition of Carrizo Oil & Gas Inc., accusing Callon of failing to disclose financial adviser J.P. Morgan Securities LLC's potential gains from work on an associated $2.5 billion financing.

  • October 10, 2019

    Chipotle Management Trainees Seek Class Cert. In OT Suit

    A former Chipotle Mexican Grill Inc. management trainee asked a federal court to allow her wage dispute to advance as a collective action late Wednesday, saying she’s tackled the burden of showing the trainees were all exposed to the same illegal policy denying overtime pay for toiling more than 40 hours a week.

  • October 10, 2019

    DOJ, Realtors At Odds Over Earlier Deal In Antitrust Case

    An Illinois federal judge overseeing a case alleging the National Association of Realtors violated antitrust laws ruled Thursday that the U.S. Department of Justice can respond to what it says is the NAR's "incorrect portrayal" of a 2008 consent decree between the government and the association.

  • October 10, 2019

    Sears Hometown Investors Say Lampert Engineered Bad Deal

    Sears Hometown and Outlet Stores investors have filed a proposed class action in Delaware Chancery Court accusing controlling shareholder and former Sears CEO Edward S. Lampert of a yearslong effort to strip value from the retailer to buy out its remaining shares at an unfairly low price.

  • October 10, 2019

    Deal In Nationstar Mortgage Tax Suit Gets Initial Approval

    A California federal judge has given initial approval to a deal struck between a proposed class of homeowners and a mortgage company formerly known as Nationstar to resolve claims of inaccurate information reporting that led to denials of tax credits.

  • October 10, 2019

    J&J Beats Class Action Over Opioid Health Insurance Costs

    A New Jersey state judge said Thursday the connection between Johnson & Johnson's and Actavis' alleged roles in the opioid epidemic and rising health insurance premiums was too weak to allow a proposed class action to proceed.

  • October 10, 2019

    NLRB Finds Beauty Supply Store's Arbitration Pact Unlawful

    The National Labor Relations Board has ruled that a California-based beauty supply retailer's arbitration agreement violated federal labor law because it curtailed workers' ability to file charges with the NLRB.

  • October 10, 2019

    Kraft Dodges Suit Over 'No Preservatives' Capri Sun Label

    An Illinois federal judge on Thursday tossed a proposed class action claiming Kraft Heinz Food Co. falsely advertised its Capri Sun drinks as preservative-free, saying the complaint failed to show that Kraft uses an artificial form of citric acid.

  • October 10, 2019

    Ohio Trial In Opioid MDL Will Go Forward, 6th Circ. Says

    The Sixth Circuit on Thursday rejected eleventh-hour bids by the Ohio attorney general and drug companies to block an upcoming bellwether trial in multidistrict litigation accusing drugmakers of fueling the opioid crisis, rejecting the state’s arguments that the counties in the case are usurping its authority.

  • October 09, 2019

    Manatt Nabs Former McDermott Litigation Pro In LA

    Manatt Phelps & Phillips LLP has hired a McDermott Will & Emery LLP litigator who is experienced in representing health care, technology and retail clients in high-stakes litigation and internal investigations involving shareholder derivative claims, alleged False Claims Act violations, off-label prescription drug marketing and more.

  • October 09, 2019

    Prison Guards' $114M Wage Verdict Stands, Mo. Panel Says

    A Missouri appellate court has let stand a $114 million jury award to a group of state prison officers who successfully claimed they were stiffed on pay for tasks they performed before and after shifts, saying the time they spent on those duties wasn't insignificant enough to justify the state not paying them.

  • October 09, 2019

    DeVry Must Face Mo. Graduate's False Ad Suit

    A Missouri federal judge Wednesday let most of a former DeVry University student’s claims stand in a suit that alleges the for-profit school falsely advertised that 90% of its graduates go on to find jobs and they're paid more than graduates of other schools.

  • October 09, 2019

    Strine Calls For Sweeping Corporate Overhaul As Term Wanes

    With only a few weeks left in an eventful two decades on the nationally important Delaware bench, retiring Chief Justice Leo E. Strine Jr. has called for a sweeping overhaul of American corporate governance, aimed at countering what he sees as failures to expand long-term investment, sustainable business practices and fair sharing of gains with workers.

  • October 09, 2019

    Conn. Fits Teva Stock-Drop Suit Better Than Pa., Judge Says

    A proposed investor class action against Teva Pharmaceuticals will be moved from Pennsylvania to Connecticut, where it will join other investor suits over the drugmaker's alleged price-fixing after a Philadelphia federal judge said the suit was not sufficiently tied to antitrust multidistrict litigation in his district.

  • October 09, 2019

    LA Residents Get OK On $32M Gas Bill Overcharge Deal

    A California judge gave final approval Wednesday to a $32.5 million deal that resolves allegations that the City of Los Angeles overcharged 1.3 million residents millions of dollars by illegally including unrelated state fees when calculating the gas user tax added to their natural gas bills.

Expert Analysis

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • Defendants’ Chances On Daubert May Vary By Circuit

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    A survey of recent Daubert decisions shows that the Ninth Circuit reverses district court exclusions of experts nearly half the time, and — unlike numerous other courts — appears to reject the principle that any step that renders an expert’s analysis unreliable makes the expert’s testimony inadmissible, say attorneys with Skadden.

  • Opioid Negotiation Class May Be Organic Procedure Evolution

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    The so-called negotiation class approved by an Ohio federal judge in the multidistrict opioid litigation seems to demonstrate the common law system’s ability to respond to new factual situations, and the concept may be destined to play a role in resolving increasingly complex mass litigation in the future, says Deborah Hensler at Stanford​​​​​​​ Law School.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • Roundup

    Pursuing Wellness

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    In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

  • High Court Term Could Shape Future Of ERISA Litigation

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    The number of Employee Retirement Income Security Act cases before the U.S. Supreme Court this term — three so far — reflects the continuing proliferation of litigation over retirement plans and increasing divisions among the courts of appeals over the proper interpretation of the statutory requirements, say attorneys at King & Spalding.

  • How BigLaw Is Adapting To Plaintiff-Side Litigation

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    While many have treated Kirkland & Ellis' recent creation of a contingency fee-based plaintiffs practice as market disruptive, it is another manifestation of forces that have been changing the business of BigLaw for some time, says Elizabeth Korchin at Therium Capital Management.

  • Series

    Pursuing Wellness: A Focus On Firm Holistic Health Training

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    Our most concerted efforts toward implementing the American Bar Association's well-being pledge, which we signed one year ago, have centered on educating attorneys and staff by including well-being components in firm trainings and professional development programs, says Andrew Glincher at Nixon Peabody.

  • Rebuttal

    Mutual Funds Should Use Litigation For Shareholders' Benefit

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    Contrary to a recent Law360 guest article's argument, we think that when mutual funds do not proactively use litigation to benefit their investors, they are failing in their fiduciary obligations, say professors at Fordham University School of Law and University of Southern California, Gould School of Law.

  • Roundup

    Judging A Book

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    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • 10th Circ. Cannabis Ruling Follows Federal Regulation Trend

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    The analytical framework of the Tenth Circuit’s decision in Kenney v. Helix TCS — that cannabis employers are not excused from the Fair Labor Standards Act — may interest courts across the country, as it continues the trend of extending federal law to the cannabis industry in ways that coexist with the Controlled Substances Act, says Aaron Colby of Davis Wright.

  • Series

    Judging A Book: Jackson Reviews 'When Should Law Forgive?'

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    Readers of Martha Minow's new book "When Should Law Forgive?" will be exposed to a refreshingly robust vision of justice that transcends myopic perspectives of wrongdoing and punishment, says U.S. District Judge Ketanji Brown Jackson of the District of Columbia.

  • And Now A Word From The Panel: Too Small For An MDL?

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    While multidistrict litigation can be created with as few as two federal actions in two federal judicial districts, the presence of few actions tends to coincide with other factors militating against centralization, raising the bar for establishing an MDL, says Alan Rothman of Arnold & Porter.

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Perspectives

    Bill Limiting Forced Arbitration Is Critical To Real Justice

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    Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.

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