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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.