Class Action

  • October 07, 2019

    ICE Doesn't Have To Track Detainees' Language In Parole Suit

    A D.C. federal judge said Monday he won't be ordering U.S. immigration officials to record what primary language detainees speak in the monthly reports the government will be handing over to prove it's complying with a federal policy that requires asylum-seekers to be considered for parole.

  • October 07, 2019

    High Court Won't Review Dollar Tree's Pay Stub Trial Win

    The Supreme Court on Monday said it won't take up a case brought by a group of Dollar Tree workers who claimed the discount chain's practice of providing pay stubs on cash register receipts violated a California law requiring employers to provide accessible wage statements.

  • October 07, 2019

    Facebook Cuts $40M Deal To End Suit Over Video Ad Metrics

    Facebook Inc. has agreed to pay $40 million to settle consolidated litigation in California federal court alleging it misled a proposed class of advertisers about how much time users spend watching paid video ads by using inflated video-viewing metrics.

  • October 07, 2019

    Wegmans' Ice Cream Doesn't Use Real Vanilla, Buyers Say

    A pair of ice cream buyers have hit Wegmans with a proposed class action, accusing the supermarket chain of misleading consumers by marketing its ice cream as containing vanilla despite the fact the ingredient is not listed on the product's label.

  • October 07, 2019

    Pomerantz, Wolf Haldenstein Vie To Lead Curaleaf Stock Suit

    Pomerantz LLP and Wolf Haldenstein Adler Freeman & Herz LLP are among half a dozen law firms that sought on Friday to lead a proposed consolidated class action against Curaleaf Holdings Inc. for allegedly causing share prices to fall by improperly marketing its CBD products as drugs.

  • October 07, 2019

    Pa. Atty Fights Landowners' DQ Bid In Gas Royalties Suit

    An attorney accused of filing fraudulent bills while representing a class of landowners who claim Range Resources Corp. shortchanged them on natural gas royalties has pushed back against a suit filed in Pennsylvania federal court by a dissident group of plaintiffs who want the lawyer disqualified.

  • October 07, 2019

    Crypto Redditors Must Face Some Claims Over Missing $170M

    Cryptocurrency developers who hyped their product Nano on Reddit.com will continue to face fraud and negligence claims from their investors over the disappearance of roughly $170 million worth of their digital currency, a California federal judge said.

  • October 07, 2019

    Refiner Says 'False' Price-Fixing Claims Warrant Sanctions

    Alon USA Energy Inc. has urged a California federal judge to jettison it from parallel, proposed price-fixing class actions against BP, Exxon and other oil companies, arguing it's still in the case because fuel buyers have repeated "false allegations" about the closure of one of its refineries — falsities that warrant sanctions.

  • October 07, 2019

    Justices Won't Hear Citizens Bank Overdraft Fee Suit

    The U.S. Supreme Court on Monday refused to review a split First Circuit decision affirming the dismissal of a proposed class action alleging Citizens Bank NA’s flat overdraft fees violate usury laws, declining a request to clarify what constitutes “interest” under the National Bank Act.

  • October 07, 2019

    Justices Won't Hear Firms' Fee Dispute In $10B VW Settlement

    Nagel Rice LLP and a dozen other firms that claim they were unfairly cut out of the $175 million awarded to class counsel in the $10 billion Volkswagen AG emissions cheating settlement have hit the end of the line, after the U.S. Supreme Court declined to take up their case.

  • October 07, 2019

    Ill. Biometric Privacy Law Is 'Sound,' Albertson's Worker Says

    Illinois' biometric privacy law is "a poster child of constitutionally sound legislation" that regulates companies' collection of sensitive personal information within reasonable guidelines and exceptions, a former Albertson's employee has said in urging a state court not to toss his proposed class action against the chain.

  • October 07, 2019

    Supreme Court Won't Hear SD Tribes' Child Welfare Case

    The U.S. Supreme Court on Monday declined to take up a petition from two tribes challenging South Dakota temporary custody proceedings involving Native American children that were described as unconstitutional.

  • October 07, 2019

    UPMC Says 60K Employees Lack Standing In Data Breach Suit

    About 60,000 University of Pittsburgh Medical Center employees whose personal data was hacked have no standing to sue the hospital network in a proposed class action because no one has actually used or abused their stolen data, an attorney for UPMC argued in Pennsylvania state court Monday.

  • October 07, 2019

    Tax Prep Co. Gets Final OK For $3M Data Breach Settlement

    An Illinois federal judge on Monday granted final approval to a $3 million settlement in a consolidated class action alleging cloud-based tax preparation company ComplyRight Inc. failed to prevent a data breach, saying relief would be “substantial” for its customers.

  • October 07, 2019

    High Court Sends TCPA Junk Fax Dispute Back To 6th Circ.

    The U.S. Supreme Court on Monday ordered the Sixth Circuit to revisit its split decision that faxes seeking contact information verification qualify as advertisements under junk fax rules, in light of an earlier high court ruling on the validity of federal agencies' interpretation of federal law.

  • October 07, 2019

    Aluminum Case Can't Save Bond Price-Fix Suit Versus Banks

    Barclays, Citigroup and other big banks escaped investors' bond price-fixing claims, with a federal judge saying the Second Circuit’s recent finding that antitrust claims could be brought by players in more than one market applied here too, but the investors hadn't shown they were hurt by the alleged bond-rigging.

  • October 04, 2019

    Plaintiffs Firms Follow Easy Merger Money To Federal Court

    A handful of law firms have seized an opportunity to profit from merger challenges in federal court with little scrutiny from judges, a development critics say amounts to a shakedown with little benefit beyond lining attorneys' pockets. 

  • October 04, 2019

    'Counsel Owe An Explanation,' Alsup Warns In Logitech Row

    U.S. District Judge William Alsup has chastised counsel representing the parties in a proposed class action alleging Logitech falsely advertised its Z200 speakers, saying they owe him an explanation for why it took so long to discover that the lead plaintiff is a convicted felon.

  • October 04, 2019

    Judge Says $40M GM Settlement Must Be 'More Robust'

    A Florida federal judge held off Friday on approving a roughly $40 million deal to settle claims of defective engines in two General Motors SUV models, asking for a "more robust" proposed order stating explicitly that the deal covers costly engine replacements in the face of concerns from objectors.

  • October 04, 2019

    Facebook Users Press 9th Circ. To Skip Privacy Row Review

    Facebook users suing the social media giant over its face-scanning practices are urging the full Ninth Circuit to refrain from reconsidering a panel decision reviving their class claims, arguing that controlling precedent offers no support for Facebook's "misguided attempt" to overturn the ruling.

  • October 04, 2019

    McAfee Investors Get $11.7M Deal Over Sale To Intel Approved

    A California judge approved an $11.7 million deal on Friday resolving allegations by McAfee Inc. investors that the cybersecurity software company and its former CEO breached their fiduciary duties in pushing for Intel Corp.'s $7.7 billion acquisition of McAfee in 2010.

  • October 04, 2019

    Mortality Table Ruling Needs Redo, Cigna Workers Say

    A class of Cigna workers pointed a Connecticut federal judge's attention to 10 ERISA lawsuits challenging the use of "outdated" interest rates and mortality tables, urging her to reconsider a decision they say lets the insurer short them on retirement benefits.

  • October 04, 2019

    Pomerantz Named Lead Counsel In Bribery Stock Drop Suit

    Pomerantz LLP has been appointed lead counsel in a proposed class action in California federal court by two investors in ChinaCache International Holdings Ltd. who say the Beijing-based company misled investors about risks to the company for more than four years.

  • October 04, 2019

    Retailers Win Fight Over How To Carve Loestrin Antitrust Trial

    Retailers who bought the hormonal birth control pill Loestrin have won a contentious fight over how to slice up an approaching multidistrict litigation trial over whether two pharmaceutical companies worked together to keep generic versions of the pill off the market.

  • October 04, 2019

    Insurer Tells 7th Circ. It’s Not Liable For $50M Pollution Award

    Westfield Insurance Co. asked the Seventh Circuit to uphold a ruling that it had no obligation to defend a recycling plant that had been hit with a $50 million default judgment in a pollution class action.

Expert Analysis

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

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    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • Pa. Justices Could Shift State's Consumer Litigation

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    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • FLSA Overtime Deal Highlights Worker Classification Priorities

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    A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

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    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • Durational Disconnect Between Cartel Pleas And Class Certs.

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    Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

  • 3rd Circ. Decision Limits Liability Of Board Observers

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    The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Justices Could Shape Fiduciary Conduct In 2 ERISA Cases

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    Although two Employee Retirement Income Security Act cases recently accepted by the U.S. Supreme Court involve different claims for breach of fiduciary duty, they both demonstrate how procedural decisions can have a substantive effect, says Jason Lacey at Foulston Siefkin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • 5 Insurance Coverage Questions Raised By Opioid Litigation

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    A look at the early footprints left by current opioid litigation reveals two insurance coverage issues in their infancy — whether alleged opioid damages were because of bodily injury or caused by an occurrence — and another three issues likely to be litigated soon, say attorneys at Wargo & French.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

  • Evaluating The Efficacy Of FCC's New Foreign Robocall Rules

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    While there is some evidence that the federal government can effectively target unwanted robocalls from bad actors overseas, the Federal Communications Commission's new international authority may be not be enough to deter international callers, say Robert Gastner and Horace Payne at Eckert Seamans.

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