Class Action

  • October 03, 2019

    Momenta, Sandoz Try To Pause Blood-Clot Drug Antitrust Suit

    Momenta and Sandoz have urged a Tennessee federal judge to pause a lawsuit accusing them of conspiring to monopolize blood-clot drug Lovenox and its generic version while they appeal the certification of a class of thousands of drug buyers.

  • October 03, 2019

    Lyft Drivers Don't Want New Mass. Judge In Classification Suit

    Lyft Inc. drivers bringing a misclassification suit against the ride-sharing giant argued Wednesday the case should be heard by the Massachusetts federal judge to which it was assigned and not another Bay State judge who steered a previous, similar case to arbitration.

  • October 03, 2019

    Retirement Savers Seek Cert. In Principal Global ERISA Suit

    Retirement savers with investments in certain funds managed by Principal Global Investors Trust are looking to certify a class of "hundreds of thousands" of retirement plan participants in their suit accusing the asset manager of using their savings to line its own pockets.

  • October 03, 2019

    DuPont Lined Its Pockets With Forfeited Benefits, Retiree Says

    A retiree slapped DuPont with a proposed class action in Delaware federal court on Wednesday, accusing the chemical giant of failing to let pensioners know when they became eligible for benefits due to "disloyalty" and a desire to hold onto cash that could have gone to its ex-workers. 

  • October 03, 2019

    'Boilerplate' Mednax Stock Drop Suit Dismissed

    Health care administration company Mednax and its executives on Thursday escaped for now a proposed class action brought by investors when a Florida federal judge decided the company did not mislead with its upbeat assessments of its prospects for continuing to scoop up anesthesiology businesses.

  • October 03, 2019

    Drivers Rip GM's $40M Settlement Over Oil-Guzzling Engines

    A Florida federal judge was urged Wednesday to deny final approval of a $40 million deal General Motors reached to settle claims of defective engines in two SUV models, as three owners argued the proposal does not benefit all class members, among other issues.

  • October 03, 2019

    Calif. Phone Co. Hit With Class Action Over Unwanted Calls

    A California man hit the Southern California Telephone Co. with a proposed class action Wednesday, accusing the company of violating the Telephone Consumer Protection Act by calling him repeatedly despite his number being on the National Do Not Call Registry.

  • October 03, 2019

    Molson Coors Stock-Drop Suits Over Tax Reporting Combined

    Two securities fraud suits accusing Molson Coors Brewing Co. of underreporting its tax liability by nearly $248 million following its 2016 acquisition of MillerCoors LLC have been consolidated into one case in Colorado federal court.

  • October 03, 2019

    Trevena Says Investors' Key Doc Contradicts Fraud Claims

    Trevena Inc. said in a dismissal bid Wednesday that the investors accusing it of misleading them about interactions with regulators have “seriously misapprehen[ded]” the main document underlying their claims.

  • October 03, 2019

    SmileDirectClub Hit With Investor Suit Over $1.3B IPO

    SmileDirectClub was hit with a putative class action in Michigan federal court Wednesday alleging the maker of direct-to-consumer 3D-printed teeth alignment products misled investors ahead of its $1.3 billion initial public offering in September.

  • October 03, 2019

    MGM To Pay Up To $800M To End Las Vegas Shooting Suits

    MGM Resorts International said Thursday it will pay up to $800 million to settle lawsuits stemming from the 2017 mass shooting in Las Vegas that killed 58 people.

  • October 02, 2019

    Former Clyde & Co Partners Launch 35-Atty Atheria Law

    A group of ex-Clyde & Co LLP insurance and reinsurance attorneys have announced the launch of Atheria Law, their new San Francisco-based firm with 35 attorneys practicing in the Bay Area as well as in Los Angeles, Atlanta and New York.

  • October 02, 2019

    Chicago Escapes SWAT Officers' Wage Suit Over Gun Storage

    Chicago's SWAT officers are not entitled to compensation for time spent transporting and storing their firearm gear between their vehicles and homes because that activity is not integral to their primary duties, an Illinois federal judge said Tuesday.

  • October 02, 2019

    ABB Slips Workers' Suit Over Health Plan Data Breach

    A North Carolina federal judge has tossed a proposed class action claiming ABB Inc. sat on its hands while personal data from thousands of employees' health plans was compromised in a 2017 breach, saying the workers failed to show they were at risk of identity theft.

  • October 02, 2019

    NY Judge Inks $21.7M Judgment For Private Equity Investors

    An investor in a MapleWood Partners LP fund won a $21.7 million judgment in New York trial court against the private equity firm and its directors after they were found to have breached their fiduciary duty to the fund.

  • October 02, 2019

    Centra Tech Investors Fight Judge's Cert. Denial In ICO Suit

    Investors in the defunct cryptocurrency company Centra Tech disputed a Florida federal judge's denial of their class certification bid for being "untimely," saying Tuesday that the judge himself never set a deadline.

  • October 02, 2019

    3rd Circ. Doubts Merck's Arbitration Bid In Vaccine Suit

    The Third Circuit appeared skeptical of Merck Sharp & Dohme Corp.'s bid for more time to build its case for keeping antitrust claims over vaccine prices out of court, suggesting Wednesday that the work should've been done before the pharmaceutical powerhouse sought to force arbitration.

  • October 02, 2019

    Citing SEC Settlement, Crypto Investors Fight Dismissal Bids

    Investors in biotech company-turned-cryptocurrency enterprise Riot Blockchain Inc. fired back late Tuesday at a flurry of requests to end their consolidated class action made by those they accused of taking over the company in service of a pump-and-dump stock manipulation scheme.

  • October 02, 2019

    Ford Must Face Shattering Sunroof Suit, Say Wash. Drivers

    Drivers told a Washington federal judge Tuesday that Ford must face a proposed class action accusing it of knowingly selling vehicles with sunroofs that spontaneously shattered, saying they can prove Ford duped consumers into paying a premium for a defective product.

  • October 02, 2019

    Justices Urged To Use IBM Case To Set Trial Courts Straight

    The U.S. Supreme Court should use a legal battle over IBM's management of its employee stock ownership plan to rein in the misapplication of the high court's 2014 Dudenhoeffer decision on ERISA pleading standards, a plaintiffs lawyers' group and a public interest law firm have told the justices. 

  • October 02, 2019

    JPML Sends Juul Marketing Suits To Calif.

    The Judicial Panel on Multidistrict Litigation on Wednesday sent lawsuits alleging that Juul marketed its e-cigarettes to teens and downplayed the risks of nicotine addiction to California federal court, shooting down a proposal to create two MDLs.

  • October 02, 2019

    Par Settlement Gets OK In Zetia Generic Delay Case

    A Virginia magistrate judge has recommended approval of a settlement between several drug purchasers and Par Pharmaceuticals in a case alleging the company, along with Merck & Co. Inc. and Glenmark Pharmaceuticals Inc., conspired to delay a generic version of the cholesterol drug Zetia.

  • October 02, 2019

    Experian Must Face Delinquent Payday Loan Suit Again

    Reversing his previous ruling after a successful appeal, a California federal judge certified a class of more than 100,000 payday loan customers who claim consumer-reporting giant Experian "jeopardized" their credit history by reporting debts on disputed loans.

  • October 02, 2019

    Home Improvement Chain Should Have Settled, Insurer Says

    An excess insurer told an Illinois federal court Tuesday that it’s not on the hook for any portion of the $6 million that home improvement store chain Menard Inc. owes for a personal injury lawsuit after the store blew a chance to settle the case for less than $2 million.

  • October 02, 2019

    Investors Say Curo's Bid To Nix Their Suit Misses The Point

    Investors on Tuesday said their stock-drop suit against online lender Curo is about misrepresentations regarding a transition away from its most profitable product, not a simple failure to meet financial goals, as the company suggests.

Expert Analysis

  • Opinion

    Time To Resolve Post-Cyan Securities Class Action Confusion

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    Following the U.S. Supreme Court's 2018 Cyan opinion, Securities Act claims that are litigated in a state forum inhibit transparency in the securities class action arena, and congressional intervention is duly warranted to clear the fog for business leaders and their investors, says Nessim Mezrahi of SAR.

  • Opinion

    Securities Litigation Should Not Be Based On Junk Science

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    Federal securities litigation should reject the junk science of the so-called Cammer factors — none of which truly help establish whether the market for a security at issue is efficient — and return to the commonsense approach of the earliest fraud-on-the-market cases, says researcher J.B. Heaton.

  • E-Discovery Experts Could Increase Fed. Court Efficiency

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    As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Opinion

    NY Credit Card Securitization Class Action Misuses Madden

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    In Cohen v. Capital One Funding in New York federal court, the plaintiffs' argument — that special purpose trusts charged and collected interest rates in excess of New York's usury limits — relies on a flawed understanding of the Second Circuit's decision in Madden v. Midland Funding, which was itself erroneous and harmful to credit markets, says Walter Zalenski of Buckley.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • NY Laws May Prompt Uptick In Pay Equity Claims

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    New York recently signed into law a statewide prohibition on salary history inquiries and amended its equal pay law. Attorneys at Morgan Lewis explain the laws’ key provisions and discuss the important takeaways for employers.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • Verifying Confidence Intervals In The Wage-And-Hour Context

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    Using the example of a random sample of wage-and-hour class members, Brian Kriegler at Econ One Research explains how to overcome data challenges that seemingly impede the calculation of reliable confidence intervals for identifying data characteristics of a defined population.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • When FCPA Violations Turn Into Private Securities Cases

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    In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

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