Class Action

  • October 09, 2019

    Judge Consolidates Wage-Fixing Suits Against Chicken Cos.

    A Maryland federal judge on Wednesday granted a bid by ex-chicken producer employees to consolidate related cases in a proposed class action accusing chicken processing companies of a decadelong conspiracy to fix the wages of hundreds of thousands of workers.

  • October 09, 2019

    Lyft Loses Bid To Swap Judges In Mass. Classification Suit

    Lyft Inc. on Wednesday lost its bid to transfer a misclassification suit from one Massachusetts federal judge to another who sent a similar suit to arbitration, but the company can still ask the second judge to consolidate the cases.

  • October 09, 2019

    Aetna Won't Cover Needed Physical Therapy, Suit Says

    Aetna Life Insurance Co. is violating federal benefits law by being stingy when it comes to covering physical therapy and taking an overly narrow view of what qualifies as "medically necessary," according to a proposed class action filed in Connecticut federal court.

  • October 09, 2019

    TV Giants Want Out Of Ad Price-Fixing MDL

    Local businesses rushed to file antitrust claims after news of a Justice Department probe into information sharing among broadcast companies, but the facts haven’t emerged in their favor, Cox Media Corp. and a host of other big name media companies told an Illinois federal judge this week.

  • October 09, 2019

    4 Trends To Watch In Toxic Tort Litigation

    Lawsuits over chemical exposure have been getting more aggressive with attempts to fill regulatory gaps and ensnare manufacturers, in addition to the companies that use the chemicals. Here, Law360 looks at four trends in toxic tort litigation.

  • October 09, 2019

    Kessler Topaz, Bernstein Litowitz Win Lead In Kraft Heinz Suit

    Kessler Topaz Meltzer & Check LLP and Bernstein Litowitz Berger & Grossmann LLP were named co-lead counsel Tuesday in a proposed shareholder class action over a Kraft Heinz Co. stock drop, beating Cohen Milstein Sellers & Toll PLLC and Wolf Popper LLP in a contentious battle for the top spot.

  • October 09, 2019

    Fidelity Workers Lose Bid For Jury Trial In ERISA Suit

    A Massachusetts federal judge has ruled in a “close call” that Fidelity workers can’t have a jury trial in their suit accusing the financial services company of using their retirement savings for personal gain, though he did agree to let a jury make recommendations in the case.

  • October 09, 2019

    Judge Makes Way For J. Crew Receipt Challenge At 3rd Circ.

    A New Jersey federal judge has agreed to toss a proposed class action over J. Crew Group Inc. receipts that allegedly revealed too many credit card digits, paving the way for the suing customer to appeal the rejection of his latest version of the claims to the Third Circuit.

  • October 09, 2019

    Jones Day Pans 'Inflammatory' Allegations In Sex Bias Suit

    The latest version of a gender discrimination suit by female former Jones Day associates tacks on allegations that range from being “redundant” to “merely inflammatory," the BigLaw powerhouse said, urging a D.C. federal judge to pare down their proposed class and collective action. 

  • October 08, 2019

    Facebook Wants 9th Circ. To Review Standing In Privacy MDL

    Facebook is pressing to immediately appeal to the Ninth Circuit a ruling that allowed users suing over the Cambridge Analytica data-harvesting scandal to move forward with their privacy claims, saying the holding conflicts with standing decisions from across the country.

  • October 08, 2019

    Debt Collection Atty Uses Lender Arbitration Pact To Halt Suit

    An Illinois federal judge granted a Chicago attorney’s bid to force arbitration of class action claims accusing him of falsely threatening to tack unauthorized late fees onto defaulted consumer debt he was hired to collect, ruling Tuesday that the attorney can enforce the original lender’s arbitration agreement even though he wasn’t party to it.

  • October 08, 2019

    Questions Swirl Around Opioid MDL Bellwether Trial

    A highly anticipated bellwether trial in the opioid multidistrict litigation is increasingly shrouded in uncertainty amid a flurry of settlements with drugmakers and aggressive maneuvers by drug distributors to avoid going before a jury.

  • October 08, 2019

    Capital One Can't Get Quick Win In Suit Over ATM Fees

    A California federal judge ruled Tuesday that the terms of Capital One's customer contracts are too ambiguous for him to grant the banking giant a quick win on a suit that claims it charges surprise fees for ATM interactions.

  • October 08, 2019

    Chancery Rejects Toss Of Suit Over Baker Hughes-GE Deals

    The Delaware chancellor on Tuesday refused to toss a consolidated derivative suit filed by Baker Hughes Inc. investors accusing controlling stockholder General Electric Co. of using its influence over the oil field services company's board to pursue self-interested transactions to funnel cash to itself amid a liquidity crisis.

  • October 08, 2019

    Firms Hit With Sanctions Bid In Honeywell Stock-Drop Suit

    A New Jersey federal court should sanction two law firms for suggesting their client was unaware that a Michigan-based employee retirement system sought to replace him as the lead plaintiff in a putative class action where Honeywell International Inc. faces allegations it was not forthright with investors over looming liabilities, the retirement system contended Tuesday.

  • October 08, 2019

    Attorneys Seek $15M From Wendy's Data Breach Settlement

    Attorneys from Carlson Lynch and Scott & Scott want to take home $15 million in fees from a proposed $50 million settlement with Wendy’s over a 2016 data breach, asking a Pennsylvania federal court Monday for final approval of the settlement and fee award.

  • October 08, 2019

    49ers To Settle Stadium Accessibility Suit For $24M

    The San Francisco 49ers have agreed to pay $24 million to settle a suit claiming the team’s home stadium doesn’t accommodate attendees with disabilities in a deal the plaintiff class is calling the largest ever of its type.

  • October 08, 2019

    Chase Can't Extend Thrift Preemption's Reach, 9th Circ. Told

    A trio of California home loan borrowers told the Ninth Circuit on Monday that JPMorgan Chase Bank NA can't summon the ghost of the now-defunct Washington Mutual to kill off their proposed class action alleging the bank is ignoring a state law requiring lenders to pay interest on escrow accounts.

  • October 08, 2019

    Autodialer Suit Against Lyft Dodges Dismissal Bid This Time

    A California federal court judge has tossed Lyft's bid to dismiss the latest iteration of a lawsuit accusing the company of flouting the Telephone Consumer Protection Act, saying the suit clearly alleged this time around that an autodialer was used to send unwanted text messages.

  • October 08, 2019

    Purdue Agrees To Put Off Consideration Of Ch. 11 Bonuses

    Bankrupt drugmaker Purdue Pharma LP told a New York judge Tuesday that it had reached an agreement with unsecured creditors and others to delay final consideration of certain employee bonuses proposed in its Chapter 11 case.

  • October 08, 2019

    Levi & Korsinsky Picked To Lead Corcept Stock Drop Suit

    A California federal judge on Monday appointed Levi & Korsinsky LLP to lead a proposed class action alleging Corcept Therapeutics Inc. hid that it bribed doctors to promote its abortion drug Korlym and engaged in other shady sales practices, causing its stock to plummet when the allegations came to light.

  • October 08, 2019

    Flushable Wipes Judge Plumbs Product's Precise Use

    A Brooklyn federal judge quickly brushed aside questions about the qualifications of experts in flushable wipes class action litigation on Tuesday and frustrated counsel by instead fixating on how consumers use the product.

  • October 08, 2019

    Samsung Offers New TV Defect Deal After Alsup's Criticism

    Just over a week after U.S. District Judge William Alsup resoundingly rejected Samsung’s first attempt to settle a proposed class action over broken plasma TVs, the electronics giant has put forward a revamped deal that aims to alleviate the California judge’s concerns.

  • October 08, 2019

    Cornell Win Irrelevant To Columbia ERISA Case, Workers Say

    Columbia University workers accusing the school of violating federal benefits law by mismanaging its retirement plans urged a New York federal judge not to throw out their suit, saying a recent decision to trim a similar case against Cornell University isn't pertinent. 

  • October 08, 2019

    Morgan Stanley Defeats 'Opportunistic' $150M ERISA Suit

    A federal judge in New York has spiked a $150 million proposed Employee Retirement Income Security Act class action against Morgan Stanley, calling the challenge to the company retirement plan’s fees and investments “opportunistic Monday-morning quarterbacking on the part of lawyers.”

Expert Analysis

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • ERISA Arbitration In The Wake Of 9th Circ. Schwab Ruling

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    Employee retirement plan sponsors considering the use of arbitration clauses with class action waivers in plan documents following the Ninth Circuit’s ruling in Dorman v. Charles Schwab should first consider the pros and cons of arbitration in the Employee Retirement Income Security Act context, says Chris Meyer at Sidley Austin.

  • Yale Case Reminds Employers Of Key Wellness Program Risk

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    As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.

  • 9th Circ. Ruling Highlights Evolution Of Calif. Arbitration Law

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    Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • 11th Circ. Ruling May Mark Turning Point For TCPA Litigation

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    The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Mutual Funds Should Stay Out Of Shareholder Litigation

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    A forthcoming article in the University of Chicago Law Review argues that mutual funds should participate more aggressively in shareholder litigation to enhance fund returns, but ignores several practical realities, including that the opportunity costs of pursuing litigation are not always in the best interest of fund shareholders, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • How Railroads Dodged A Bullet In Fuel Surcharge Case

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    The D.C. Circuit recently affirmed the denial of class certification in a case against the four largest U.S. railroads for conspiring to set fuel surcharges, diminishing shippers' time to bring individual antitrust claims, says Sandra Brown of Thompson Hine.

  • Federal Food Label Class Actions Face Growing Headwinds

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    Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.

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