Class Action

  • October 09, 2019

    LA Residents Get OK On $32M Gas Bill Overcharge Deal

    A California judge gave final approval Wednesday to a $32.5 million deal that resolves allegations that the City of Los Angeles overcharged 1.3 million residents millions of dollars by illegally including unrelated state fees when calculating the gas user tax added to their natural gas bills.

  • October 09, 2019

    Cleaning Co. Asks 9th Circ. To Look At Dynamex Ruling Again

    A cleaning franchiser is once again asking the Ninth Circuit to rethink its choices, saying the appeals court shouldn’t have ruled on certain aspects of the California Supreme Court's Dynamex decision before the justices clarified whether the landmark ruling applied retroactively.

  • October 09, 2019

    Dynamex Applies To Older Claims, Calif. Panel Says

    A 2018 California Supreme Court decision making it harder for businesses to classify workers as independent contractors under the state's "wage orders" applies retroactively, but only covers Labor Code claims directly tied to these quasi-statutes, a California appeals court said Tuesday.

  • October 09, 2019

    Groupon Photo Suit Shipped Back To District Court

    An Instagram user's putative class action against Groupon is headed back to Illinois federal court after the Seventh Circuit on Wednesday ordered a limited remand, finding Groupon hadn't proved federal jurisdiction when it asked for the case to be removed from state court.

  • October 09, 2019

    Del. Justices Deny Review Of Geico Class PIP Suit

    The Delaware Supreme Court on Tuesday denied Geico's bid for it to reconsider a lower court's August certification of a class action challenging the company's auto insurer caps on personal injury payouts, ruling there are no "exceptional" issues that merit midcase review.

  • October 09, 2019

    Objector Drops Opposition To $300M Fee Award In Forex Case

    Investors who have inked $2.3 billion in settlements with big banks over the alleged rigging of foreign exchange markets told a New York federal court Wednesday that the lone objector to a $300 million attorneys fee award has agreed to drop his opposition.

  • October 09, 2019

    US Women's Soccer Team Says Pay Rate Doesn't Add Up

    Soccer players on the U.S. Women's National Team have told a California federal court that if they had been paid at the same rate as the U.S. Men's National Team, they could have each made $2.5 million more.

  • 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.

Expert Analysis

  • 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.

  • 7 New Remand And Removal Tricks

    Excerpt from Lexis Practice Advisor
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    New and improved strategies based on recent case law can bring good fortune to removal and remand practice, helping land a client's case in the desired state or federal court, says Jim Wagstaffe at Wagstaffe von Loewenfeldt.

  • From Roundup To Oatmeal: New Trends In Glyphosate Suits

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    Over the past year, three juries have rendered multimillion- and even multibillion-dollar verdicts in favor of plaintiffs alleging that exposure to the herbicide glyphosate gave them cancer. But a new wave of claims asserting that food products have failed to disclose trace amounts of glyphosate faces significant challenges in court, say attorneys at Crowell & Moring.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.

  • Dissecting The Inherent Tension In Today's TCPA Landscape

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    Following the D.C. Circuit's 2018 Telephone Consumer Protection Act decision in ACA International, many expected the Federal Communications Commission to step in with guidance on the statute. But almost a year and a half has passed and the TCPA remains in chaos while the industry waits for new direction, say attorneys with Troutman Sanders.

  • Calif. High Court Limits Class 'Ascertainability' Defense

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    The California Supreme Court's recent decision in Noel v. Thrifty Payless that it was not a plaintiff’s burden to prove that class members were administratively ascertainable at the class certification stage will make it more challenging to defend class actions in our nation’s most populous state, say Brian Frontino and Stephen Newman at Stroock.

  • TCPA Fax Class Actions Could Be An Endangered Species

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    Emerging trends and events are likely to significantly limit plaintiffs' ability to successfully bring fax class actions under the Telephone Consumer Protection Act, says Doug Brown of Rumberger Kirk.

  • Calif. High Court Will Likely Apply Dynamex Retroactively

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    The Ninth Circuit's decision to certify to the California Supreme Court the question of whether its test for worker classification established in Dynamex applies retroactively may end up in the dustbin of history, as there are no signs that the California justices will conclude retroactivity was a mistake, say Ben Ebbink and Rich Meneghello at Fisher Phillips.

  • Debunking 3 Myths About Contract Attorneys

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    Although contract attorneys represent a quality source of legal work, inaccurate assumptions cause many legal departments and law firms to hesitate when considering them, say Matthew Weaver and Shannon Murphy of Major Lindsey.

  • 5 Best Practices To Avoid TCPA Wrong-Number Claims

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    As Wells Fargo's recent $17.85 million Telephone Consumer Protection Act settlement illustrates, businesses must ensure that TCPA compliance programs include measures to avoid wrong-number calls. There are several steps that can help accomplish this seemingly impossible task, says Amy Gallegos at Jenner & Block.

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