Class Action

  • 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.”

  • October 08, 2019

    Tesla Suit Lead Plaintiff Survives 9th Circ.'s Scrutiny

    U.S. District Judge Edward Chen of California didn't “clearly err” when he appointed an investor as lead plaintiff in a lawsuit over a tweet from Tesla CEO Elon Musk that said he was prepared to take the company private, the Ninth Circuit decided Tuesday.

Expert Analysis

  • Cryptocurrency Presents Puzzle For Unclaimed Property Laws

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    New York recently joined the growing ranks of states proposing to allow escheatment of cryptocurrency assets under state unclaimed property laws, introducing unique challenges for industry participants and unclaimed property administrators, say attorneys at Greenberg Traurig.

  • How Surveys Can Affirm Materiality In Consumer Cases

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    Examples from an ongoing false advertising case, J-B Weld v. Gorilla Glue, illustrate the importance of using surveys to establish whether consumers' perceptions actually made a difference in their purchase decisions in order to determine impact, injury and commonality, say economics consultants at Analysis Group.

  • Biometric Privacy Suits After Facebook Face-Scan Class Cert.

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    The Ninth Circuit’s decision in favor of class certification in Patel v. Facebook takes an expansive view of Article III standing and extraterritoriality under the Illinois Biometric Information Privacy Act, and it could lead to even more aggressive filings of BIPA class actions in both the consumer and employment contexts, say Gregory Abrams and Lauren Steinhaeuser at FaegreBD.

  • NLRB Ruling Clarifies Class Waivers For Employers

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    The National Labor Relations Board’s recent Cordua Restaurants opinion is good news for employers wishing to implement class action waivers in response to employee class claims. However, the decision appears to be limited to the particular facts of the case, say attorneys at Sheppard Mullin.

  • Awaiting Answers On A Post-Bristol-Myers Class Question

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    Appellate courts will soon have an opportunity to weigh in on whether the U.S. Supreme Court's 2017 personal jurisdiction opinion in Bristol-Myers applies to unnamed class members. Consensus on the issue will establish greater predictability for defendants on where they might be called to face class litigation, say attorneys at Skadden.

  • Crafting Motions To Seal After 3rd Circ. Avandia Decision

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    In light of the Third Circuit’s recent precedent-setting decision in the Avandia marketing case, litigants should take four practical steps to avoid being surprised by disclosure of confidential information, say Andrew Erdlen and Jon Cochran of Hangley Aronchick.

  • 'Reasonable' Security Will Be Key In Calif. Data Breach Cases

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    As demonstrated by the class action lawsuit against Capital One for violations of the California Civil Code's “reasonable" security data protection rule — and in light of the upcoming California Consumer Privacy Act — implementing reasonable security measures is of utmost importance to businesses that want to minimize data breach liability, says Russ Fink of Quinn Emanuel.

  • Class Certification Insights From McCormick Slack-Fill Suit

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    A D.C. federal court's recent class certification order in the McCormick marketing and sales practices litigation was largely a win for the defendant. However, it also contained victories for the plaintiffs and some important lessons for those who wish to steer clear of slack-fill class action peril, says Shawn Gebhardt at Ulmer & Berne.

  • 10 ERISA Fiduciary Lessons From 'Game Of Thrones'

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    Many recent Employee Retirement Income Security Act lawsuits alleging a breach of fiduciary duty could have been avoided, or their impact diminished, if plan sponsors had taken basic steps to minimize their fiduciary risks. Some of these measures can be gleaned from an unlikely source: "Game of Thrones," says Jeff Banish at Troutman Sanders.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Class Settlements And The Risks Of Viral Media Attention

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    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Calif. Justices Set Low Bar For Website Bias Claims

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    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

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    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

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