Class Action

  • October 23, 2019

    Nerve Repair Co. Says Derivative Suit Lacks Demand Futility

    Specialty medical product manufacturer Axogen Inc. sought dismissal of a derivative suit Tuesday, saying the investor behind it has not shown why it would have been futile to take concerns about a damaging short seller’s report to the company's board before filing suit.

  • October 22, 2019

    Fair Credit Reporting Act Suits Have Soared Over Last Decade

    Lawsuits alleging violations of the federal Fair Credit Reporting Act have more than doubled in the last decade as privacy and accuracy concerns grow over the credit reports and background checks companies increasingly rely on, a new report shows.

  • October 22, 2019

    Asbestos Slipped Into J&J's Talc Supply, LA Jury Hears

    A California woman began her mesothelioma trial against Johnson & Johnson on Tuesday with claims that the baby powder maker let dangerous, out-of-spec materials sneak into its talc supply, while J&J blamed the woman's cancer on her childhood in asbestos-ridden Hong Kong.

  • October 22, 2019

    Flyer Says American Airlines Hid 50% Take On Trip Insurance

    An air traveler urged a Florida federal magistrate Tuesday to back certification of his proposed class action against American Airlines, arguing the carrier made “common misrepresentations to the entire class” by allegedly receiving illegal kickbacks of a much as 50% for the sale of trip insurance on its website.

  • October 22, 2019

    Takeda Unit's Workers Get OK On $4.8M Deal In Wage Suit

    A Los Angeles judge on Tuesday gave a thumbs-up to a $4.8 million deal to resolve class claims that workers at Takeda-owned biopharma maker Baxalta Inc. weren't paid all wages and overtime owed.

  • October 22, 2019

    Cannabis Co. Investors Sue Insurer To Block Board's Defense

    A shareholder revolt at a collapsing cannabis company has spilled into federal court in California, where a bloc of Cultivation Technologies Inc. investors is trying to prevent an insurer from defending the company's board in a derivative suit that alleges the board members secured their positions illegally and looted the company.

  • October 22, 2019

    Ex-Super Bowl Winner Drops NFL Concussion Claims

    Former Chicago Bears and San Diego Chargers defensive back Shaun Gayle became the latest of the former NFL players who opted out of the league’s landmark concussion class settlement to drop his claims, according to a filing Tuesday in the Pennsylvania federal court overseeing the massive litigation.

  • October 22, 2019

    Papa John's Can't Escape Proposed Class' No-Poach Suit

    A Kentucky federal judge granted Papa John’s bid to arbitrate one worker’s claims over no-poach provisions in its franchise agreements, but refused to dismiss proposed class allegations over the contract terms.

  • October 22, 2019

    Del. Justices Affirm $20M Damages Over Tech Firm Takeover

    The Delaware Supreme Court on Tuesday upheld a decision that slapped an investor and his fund with $20.3 million in damage sanctions for what a vice chancellor ruled was a bad faith and self-interested campaign to gain control of a tech company that was eventually left in ruin.

  • October 22, 2019

    Security Workers' Attys Get $43M For Deal In Rest Break Case

    Attorneys for the workers in a long-running suit alleging security services provider Wackenhut Corp. denied thousands of California workers meal and rest breaks will collect more than $43 million in costs and fees after a Los Angeles state judge signed off on a $100 million-plus deal resolving the case.

  • October 22, 2019

    9th Circ. Mulls If Asylum Seekers Must Get Bond Hearings

    A trio of Ninth Circuit judges on Tuesday appeared split on whether a lower court judge can legally hand down an order requiring prompt bond hearings for all detained asylum seekers who cleared early screenings.

  • October 22, 2019

    Broadcasters Want TV Deals Kept Sealed In NCAA Appeal

    Four TV networks including ESPN and TBS have asked the Ninth Circuit to keep the terms of their multibillion-dollar contracts with the NCAA confidential as the appeals court hears yet another landmark case over whether college athletes can earn money playing sports.

  • October 22, 2019

    Kellogg's To Pay $20M For Touting Sugary Cereal As Healthy

    The Kellogg’s food company has agreed to change its marketing and pay about $20 million to resolve consumer claims it falsely advertised several cereals as healthy when they're loaded with sugar, according to documents filed in California federal court.

  • October 22, 2019

    Amazon Tells 9th Circ. Its Drivers Aren't Transpo Workers

    Amazon has told the Ninth Circuit that delivery drivers do not qualify as transportation workers who are exempt from the Federal Arbitration Act, saying the plain meaning of “interstate commerce” excludes the drivers suing to gain employee status.

  • October 22, 2019

    5th Circ. Says Bar Exam Prep Debt Can Be Discharged In Ch. 7

    The Fifth Circuit has said a private loan for bar exam preparation could be discharged through a Chapter 7 bankruptcy, rejecting an argument from lender Navient Solutions LLC that it counted as student loan debt exempt from bankruptcy.

  • October 22, 2019

    Momenta, Sandoz Can't Pause Blood-Clot Drug Antitrust Suit

    A Tennessee federal judge refused Monday to pause a lawsuit that accuses Momenta and Sandoz of conspiring to monopolize the blood-clot drug Lovenox and its generic version while they appeal the certification of a class of thousands of drug buyers, prompting the companies to seek emergency Sixth Circuit intervention Tuesday.

  • October 22, 2019

    Crypto Co. Investors Defend Renewed Cert. Bid In ICO Suit

    Investors in the now-defunct cryptocurrency company Centra Tech defended their renewed class certification bid in Florida federal court Tuesday, arguing their motion was filed on time and that their proposed class definition fulfills all of the requirements.

  • October 22, 2019

    Schwab Says 9th Circ. Right To Kick ERISA Suit To Arbitration

    Charles Schwab Corp. told the Ninth Circuit that a former employee mischaracterized a panel’s decision to send his suit accusing the company of inappropriately profiting from its retirement plan to arbitration, calling his rehearing bid "alarmist and inaccurate." 

  • October 22, 2019

    'Mootness Fees' Are Beyond Court's Purview, 7th Circ. Hears

    In what appears to be a first, plaintiffs attorneys are asking a federal appellate court to allow a controversial practice in which they file merger objections that result in a few extra disclosures for investors and privately negotiated "mootness fees" for the lawyers, which they say are out of the lower courts' reach. 

  • October 22, 2019

    Sirius XM To Settle Chancery Stock Buyback Suit For $8.3M

    Attorneys for Sirius XM Holdings' former minority stockholders reported agreement late Monday on an $8.25 million settlement to end a 4-year-old Delaware Chancery Court derivative suit accusing company directors of paying too much in a $500 million stock buyback from Liberty Media Corp.

  • October 22, 2019

    NY Commuters Seek Class Status In Row Over Fine Notices

    A group of commuters claiming the New York City Transit Authority violated their rights by issuing default judgments for alleged violations and sometimes seizing tax returns without adequate notice has asked a federal court to grant it class status.

  • October 22, 2019

    Mass. AG Sues Trump Administration Over College Debt Relief

    Massachusetts' attorney general and more than 7,200 students who attended a school run by the "notorious" for-profit Corinthian Colleges Inc. sued the Trump administration Tuesday, seeking millions of dollars in debt relief tied to the now-bankrupt company.

  • October 22, 2019

    Tivity Board Slips Derivative Suit Over UnitedHealthcare Deal

    Fitness and wellness program provider Tivity Health's board of directors permanently escaped a shareholder derivative suit accusing it of misrepresenting contract negotiations with UnitedHealthcare after a Tennessee federal judge found Monday that the investors couldn't prove the board was biased in its decision-making.

  • October 22, 2019

    UnitedHealth Drops Push For High Court Input On Plan Offsets

    UnitedHealth Group Inc. has dropped its request for the U.S. Supreme Court to decide whether the Eighth Circuit overstepped when it ruled that UnitedHealth couldn't withhold payments to medical providers for treatments rendered under one health plan to offset overpayments for services provided under another plan. 

  • October 22, 2019

    Judge's Recusal Delay Sinks Cert. In Tainted Water Suit

    A local judge who stood to personally gain from a case that alleges individuals in a West Virginia county were exposed to carcinogenic water should not have ruled on certifying the litigation as a class action, the state's highest court has ruled.

Expert Analysis

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • Clinical Trials And Specific Jurisdiction After Bristol-Myers

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    In the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California, state and federal courts have viewed the location of clinical activities as largely immaterial to specific jurisdiction analysis in standard product liability actions, say Matthew Saxon and Rand Brothers of Winston & Strawn.

  • Fla. Class Actions Show Why Correct COBRA Notices Matter

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    Class actions alleging that employers failed to provide proper notice of the right to continued health coverage under the Consolidated Omnibus Budget Reconciliation Act have seen an uptick in Florida federal courts, illustrating why companies should sweat the details when issuing such notices, say Megan Mardy and Julie McConnell at McDermott.

  • What Do Market Overreactions Mean For Securities Litigation?

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    The possible overreaction of stock prices to public company corrective disclosures could have implications on securities fraud litigation when it comes to proving reliance on that information, applying the fraud-on-the-market doctrine, and relying on market efficiency, say David Marshall and Roland Eisenhuth at Epsilon Economics.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • The Circuit Split On ERISA's Actual Knowledge Standard

    Excerpt from Lexis Practice Advisor
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    For cases alleging a breach of fiduciary duty, federal courts of appeals are split on the so-called actual knowledge standard for the Employee Retirement Income Security Act's statute of limitations, but the U.S. Supreme Court’s review of Intel v. Sulyma may soon bridge the divide, say attorneys at Ropes & Gray.

  • Ill. Biometric Law Ruling Will Bring Insurance Coverage Issues

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    In Patel v. Facebook, the Ninth Circuit held that Illinois Facebook users may bring privacy claims under the state's Biometric Information Privacy Act, which may give rise to insurance coverage questions similar to those that Illinois courts have encountered with Telephone Consumer Protection Act claims, say Siobhan Murphy and Vincent Tomkiewicz of Lewis Brisbois.

  • Will PCAOB's New Audit Rule Trigger Shareholder Litigation?

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    Shareholder litigation risk from the Public Company Accounting Oversight Board's new audit disclosure requirements hinges on whether critical audit matter reporting can cause a stock price decline, and whether the U.S. Supreme Court's Lorenzo opinion spurs more critical audit matter claims, say analysts at Cornerstone Research.

  • A Data Analysis Road Map For Wage-And-Hour Mediation

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    Estimating damages and penalties to bring into wage-and-hour settlement negotiations may involve challenges such as handwritten records or large volumes of data, but a few practical steps can help simplify the process, says Melissa Daniel at Econ One Research.

  • More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead

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    Following the U.S. Supreme Court’s decision last week not to hear Robles v. Domino’s, cases alleging Americans with Disabilities Act violations against mobile apps are likely to increase and remediation plans will be needed to limit exposure, says Nicole Smith at Rumberger Kirk.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • A Weak Link In Consumers' FDA Test Claims

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    As class action plaintiffs scrutinize more consumer product labels, they increasingly allege that their own U.S. Food and Drug Administration-compliant testing has obtained results contrary to what the product says, presenting defendants with an opportunity to scrutinize claims at the threshold, say Joshua Fougere and Jacquelyn Fradette at Sidley.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

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    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.