Class Action

  • October 16, 2019

    Sutter Health, Calif. AG Near Antitrust Deal On Eve Of Trial

    A high-profile antitrust suit alleging Sutter Health gouged union health plans with inflated hospital costs took an unexpected turn Wednesday when a California judge dismissed jurors on the eve of trial, announcing that Sutter had reached a deal in principle with the state attorney general and other plaintiffs.

  • October 16, 2019

    Attys Seek $58.1M In Fees For Deloitte, Sidley Austin Deal

    Class counsel for investors in now-defunct Aequitas Management LLC are seeking a $58.1 million fee award for negotiating $234.6 million in settlements with Sidley Austin, Deloitte and others accused of aiding Aequitas' Ponzi scheme.

  • October 16, 2019

    Miners' Class Push Falls Flat In Lifetime Benefits Fight

    Retired coal miners can't proceed as a class over claims that Consol Energy Inc. violated federal benefits law by duping them into believing they would have health benefits for life, a West Virginia federal judge has ruled, saying inconsistent verbal assurances of lifetime coverage derailed their case.

  • October 16, 2019

    Ex-Milling Co. Worker Defends Challenge To $244M Stock Buy

    A former Kruse-Western Inc. worker has asked a California federal judge not to pare down his proposed class action alleging the milling company's employee stock ownership plan was overcharged by roughly $200 million in a 2015 deal, saying his claims are enough to stay in court.

  • October 16, 2019

    Crypto Co. Fights Investors' Renewed Cert. Bid In ICO Suit

    Centra Tech has slammed investors’ renewed certification bid in a proposed class action over the now-defunct cryptocurrency company's allegedly fraudulent initial coin offering, telling a Florida federal court they are unfairly trying to fix their complaint through a thinly veiled attempt at a reconsideration motion.

  • October 16, 2019

    Lyft Can't Consolidate Mass. Driver Classification Suits

    Lyft Inc. cannot merge a new driver misclassification suit with one that was already sent to arbitration, a Massachusetts federal judge said in a simple denial Wednesday morning without any additional explanation.

  • October 16, 2019

    Minor Leaguers Urge 9th Circ. Not To Rehear MLB Pay Suit

    A group of minor league baseball players on Tuesday urged the Ninth Circuit not to take another swing at a decision granting certification to classes in a wage suit against Major League Baseball, saying nothing in the split opinion needs the full court to go over the case.

  • October 15, 2019

    CBS Investor Sues In Del. Court Over Viacom Merger Details

    A CBS Corp. stockholder and public employee pension fund on Tuesday accused the company of refusing to produce documents related to its controversial $30 billion proposed merger with Viacom Inc., according to a suit filed in Delaware Chancery Court.

  • October 15, 2019

    Walmart Inks $14M Deal To End Pregnancy Bias Class Action

    Walmart Inc. has agreed to pay $14 million to resolve allegations by pregnant or formerly pregnant workers who claimed the retail giant’s policies on disability accommodations discriminated against them on the basis of their pregnancy.

  • October 15, 2019

    DC Circ. Divided Over Copyright Suit Against Ford, GM

    Two D.C. Circuit judges on Tuesday appeared divided in the music industry's dispute against General Motors Co., Ford Motor Co. and two electronics manufacturers over allegedly unpaid music royalties after examining whether certain in-vehicle entertainment systems qualify as digital recording devices under federal law.

  • October 15, 2019

    Barnes & Noble Cafe Managers Again Denied Cert. In OT Suit

    A New York federal judge has adopted a magistrate judge's recommendation not to certify a proposed class action accusing Barnes & Noble of misclassifying cafe managers as being ineligible for overtime pay.

  • October 15, 2019

    $5B Facebook Deal Lets Gov't Grab User Data, Court Told

    Pressure is mounting on a D.C. federal court to reject a $5 billion privacy deal that Facebook reached with the Federal Trade Commission earlier this year, with a public interest legal group arguing that the arrangement would unfairly grant U.S. government officials warrantless access to Facebook users' data.

  • October 15, 2019

    Forex Fee Objector's $300K Deal Gets No Support In NY Court

    Signing off on a settlement that would see a lone objector drop his opposition to a $300 million attorney fee award in exchange for a slice of the pie would set a bad precedent, a New York federal judge has ruled.

  • October 15, 2019

    Feds Say Tort Claims Must Go In Gold King Mine MDL

    The federal government pressed a New Mexico federal court Tuesday to ax the tort claims it's facing in multidistrict litigation over the Gold King mine spill, saying the court lacks jurisdiction over Federal Tort Claims Act claims.

  • October 15, 2019

    German Automakers Say Dealers 'Ignore' Antitrust Dismissal

    German auto giants urged a California federal judge Monday to nix multidistrict litigation accusations of a decades-long "whole car" conspiracy, arguing dealership plaintiffs are just trying to repackage antitrust allegations tossed in June that, while narrowed, still fail.

  • October 15, 2019

    CDK, Reynolds Fight New Theory Adding Millions In Damages

    The Reynolds and Reynolds Co. and CDK Global asked an Illinois federal judge Monday to bar car dealers from pursuing a "fundamentally new" theory that could potentially add millions of dollars to damages in an antitrust MDL.

  • October 15, 2019

    Lyft Asks Judge To Merge Mass. Driver Classification Suits

    Lyft Inc. on Tuesday told a Massachusetts federal judge that a newly filed driver classification suit should be consolidated with one he already steered to arbitration, accusing a prominent class action attorney of trying to prematurely close the older case to keep it separate from the newer.

  • October 15, 2019

    3rd Circ. Doubts Cert. Can Fly In American Airlines OT Suit

    A Third Circuit panel on Tuesday questioned how overtime claims by American Airlines Inc. workers can fly as a class action, given that a remedy would seem to require individualized inquiries as to how much time the employees toiled off the clock.

  • October 15, 2019

    McGuireWoods Adds Kirkland Litigation Partner To LA Office

    McGuireWoods LLP has added a former Kirkland & Ellis LLP partner to its complex corporate litigation practice in Los Angeles, marking the latest in a string of McGuireWoods hires in Southern California.

  • October 15, 2019

    SemGroup Investors Seek Stay On $5B Energy Transfer Deal

    A SemGroup Corp. shareholder asked a Delaware federal court Tuesday to stop the energy transportation company's proposed $5.1 billion sale to Energy Transfer LP, asserting in a proposed class action that the company issued incomplete and misleading information about the deal.

  • October 15, 2019

    AbbVie Says Humira's Many Patents Is No Antitrust Violation

    AbbVie and several other drugmakers have asked an Illinois federal court to dismiss a sweeping proposed class action accusing the company of illegally shielding its immunosuppressant Humira from competition with a "patent thicket," saying there is no limit to how many patents a company can hold.

  • October 15, 2019

    Northrop Workers Get Green Light For Severance Class Action

    Former Northrop Grumman workers have received an Illinois federal judge's approval for a narrower than hoped for class in their suit claiming the defense contractor violated federal benefits law by only telling certain laid-off workers about cash severance benefits.

  • October 15, 2019

    NJ Atty Accused Of Using False Threat To Collect Debt

    A New Jersey collection attorney was hit with a proposed class action Monday accusing him of violating federal law by duping a woman into thinking her debt was going to be turned over to a credit reporting agency.

  • October 15, 2019

    High Court Won't Hear $2.7M Fees Appeal In BioScrip Deal

    The U.S. Supreme Court on Tuesday declined to pick up an appeal challenging a $2.7 million attorney fee award included as part of a settlement between shareholders and specialty pharmacy BioScrip Inc. over fraud allegations relating to a drug it carried.

  • October 15, 2019

    Honeywell Avoids High Court Review Of Health Benefits Win

    The U.S. Supreme Court on Tuesday turned away a challenge to an Eighth Circuit decision that gave Honeywell International Inc. the go-ahead to cut off health care benefits for a group of early retirees.

Expert Analysis

  • 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.

  • Key Questions The Oklahoma Opioid Verdict Didn't Answer

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    Oklahoma Judge Thad Balkman's landmark verdict against Johnson & Johnson for its role in promoting opioids did not address certain key issues raised by the defendants, including federal preemption, and blurred the distinction between a damage award and an abatement order, says Richard Ausness of the University of Kentucky College of Law.

  • Opinion

    Minor Leaguers' Class Cert. Win Won't Help Baseball Pay

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    A class of approximately 6,000 Minor League Baseball players was recently certified by the Ninth Circuit in a minimum wage case, which is a major victory for the players, but a glimmer in the otherwise dismal labor history and future of Minor League Baseball, says Ronald Katz at GCA Law.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • 4 NY Cases Forge Post-Cyan Securities Litigation Landscape

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    The first wave of New York state court decisions following the U.S. Supreme Court's Cyan opinion — granting state courts concurrent jurisdiction in Securities Act cases — introduces considerations for applying federal securities law precedents and automatic discovery stays that bear further watching, say attorneys at Paul Hastings.

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