Class Action

  • October 21, 2019

    Insurance Customers To Try Again On Sutter Damages Class

    Insurance customers will take another stab next month at certifying a damages class against Sutter Health, lawyers for the customers said Monday after a California federal judge granted only partial certification in a decision unsealed late last week.

  • October 21, 2019

    Investors Denied Cert. Rethink In Twitter Stock Fraudster Suit

    A group of investors won't get a rethink of their rejected bid for class certification in a suit against an imprisoned Twitter stock fraudster because they "seem to misunderstand the allocation of burdens" in arguing their securities fraud claims, a New York federal judge said Monday.

  • October 21, 2019

    NFL Deal Objectors Aren't Wedding Crashers, 3rd Circ. Told

    A group of legal scholars urged the Third Circuit on Friday not to think of objectors to the National Football League’s concussion settlement as wedding crashers for having scuttled an initial deal they saw as inadequate, but instead as vital participants whose counsel needed to be justly compensated for helping force a resolution that included additional benefits to ex-players.

  • October 21, 2019

    Disclaimers Can't Aid Merrill In Tax Savings Suit, Investor Says

    Disclaimers in a contract cannot let Merrill Lynch off the hook for allegations that it misled New York investors on the tax savings of investing in a Maine education savings account, an investor has told a Maine federal court.

  • October 21, 2019

    Volkswagen Dealers Defend Cert. Bid In RICO Lost Profits Suit

    Franchised Volkswagen dealerships have defended their bid to certify a California class action accusing auto parts maker Bosch of spearheading the development of the emissions-cheating devices in Volkswagen's "clean diesel" vehicles, saying they were uniformly deprived of future sales and profits after the 2015 scandal broke.

  • October 21, 2019

    Dog Food Co. Reaches Deal In Class Suit Over Sickened Pets

    Evanger’s Dog and Cat Food Co. Inc. has reached a $545,500 settlement in Washington federal court to end claims that products it advertised as "human grade" were dangerous to pets, in a deal that includes refunds for the food and reimbursement for veterinarian bills.

  • October 21, 2019

    Toyota Hit With Putative Class Action Over Repossessed Cars

    A California man whose Toyota was repossessed by the automobile maker’s credit arm while he was purportedly under bankruptcy protection has filed a proposed class action in Texas federal court against the company, seeking to represent other consumers in similar straits.

  • September 03, 2019

    Investors Denied Cert. In Suit Against Twitter Stock Fraudster

    A group of investors was denied certification Tuesday in a suit against an imprisoned Twitter stock fraudster after a New York federal judge found that claims at the "absolute core" of the suit were too individualized to qualify for a class action.

  • October 21, 2019

    National Freight Rips Class Cert. Bid In Employee Status Row

    National Freight Inc. told a New Jersey federal judge that drivers claiming they were denied employee status and shorted on pay shouldn't be certified as a class, insisting there's still an open choice-of-law dispute and the drivers' worker status and wages varied widely.

  • October 21, 2019

    9th Circ. Judge 'Concerned' Over Hagens Berman's $42M Fees

    A Ninth Circuit judge appeared skeptical Monday of keeping intact Hagens Berman Sobol Shapiro LLP's $42 million fee award in multiple price-fixing settlements, saying she's "concerned" the district judge didn't know the extent the fee requests varied from the amount the firm submitted in its lead class counsel bid.

  • October 21, 2019

    Feds Keep Seizing Lawful Hemp Imports, CBD Co. Tells Court

    U.S. Customs and Border Protection will likely continue to seize lawful hemp shipped from foreign countries, a hemp importer said in a brief filed Monday in California federal court, giving renewed urgency to its proposed class action seeking an injunction against federal authorities.

  • October 21, 2019

    McDonald's Pins Blame On Franchisee In Drive-Thru ADA Suit

    McDonald's has asked an Illinois federal court to toss a visually impaired woman's proposed class action claiming her inability to access its restaurants during drive-thru-only hours violates the Americans with Disabilities Act, saying only a franchise operator mentioned in the complaint is liable.

  • October 21, 2019

    State AGs Reach $48B Proposed Deal To End Opioid Cases

    Four attorneys general on Monday unveiled a proposed $48 billion deal with major drug companies — Teva Pharmaceuticals, Johnson & Johnson and the nation's largest drug distributors — to resolve a wave of opioid-crisis lawsuits.

  • October 21, 2019

    Epson Disables Printers With Non-Epson Cartridges, Suit Says

    A proposed class action filed against Epson America Inc. claims the printer maker attempted to suppress competition by designing software that would disable its printers when a person attempted to use a non-Epson ink cartridge.

  • October 21, 2019

    Bernstein Litowitz To Lead Venator Shareholders' Fire Suit

    Bernstein Litowitz was appointed lead counsel in a putative class action in Texas federal court against pigment and additive company Venator, whose shareholders claim downplayed the seriousness of a fire at one of its facilities in the months leading up to its 2017 initial and secondary public offerings.

  • October 21, 2019

    Wells Fargo Must Face Mortgage Suit Over Software Glitch

    Wells Fargo can't fully wiggle out of a proposed consumer class action over a software glitch that led some mortgage borrowers to lose their homes, but a Washington federal judge has eliminated an unjust enrichment claim from the suit.

  • October 21, 2019

    'Natural' Line Of Care Products Uses Synthetics, Court Told

    A line of personal care products advertised as “natural” and in some cases “preservative-free” violates Pennsylvania and federal law because the products actually contain synthetic chemicals and preservatives, according to a proposed class action filed Friday in Pittsburgh federal court.

  • October 21, 2019

    Workers Say J&J Could Have 'Told Truth' On Talcum Powder

    Johnson & Johnson workers have urged a New Jersey federal judge not to toss their suit claiming the company stock into which they sunk their retirement savings was overvalued because J&J covered up the presence of asbestos in its talcum powder, saying the company could "simply have told the truth."

  • October 21, 2019

    ProShares Investors Fight To Keep 'Volpocalypse' Suit Alive

    Investors in a ProShares trust have challenged a bid to dismiss their suit over a volatility flare-up known as the "Volpocalypse" in New York federal court, arguing they were not made aware that the trust’s own rebalancing choices could result in its “near-collapse.”

  • October 21, 2019

    Opioid Trial Halted By Drug Cos.' 11th Hour $260M Deal

    Two Ohio counties on Monday reached a deal worth $260 million with some of the nation's largest drug companies to avoid the first trial in opioid multidistrict litigation.

  • October 18, 2019

    Safeway Gets Nod For $12M PAGA Deal Ending Seating Suit

    A California judge on Friday approved Safeway Inc.’s $12 million deal to end allegations the grocery store chain violated the Golden State's Private Attorneys General Act by failing to provide seats to 30,182 cashiers.

  • October 18, 2019

    BofA, Citizens Bank Defeat Investors' $102M Ponzi Suit

    A New York federal judge on Friday tossed out a suit brought by a proposed class of investors claiming Bank of America and Citizens Bank facilitated a $102 million Ponzi scheme, finding the investors hadn't plausibly alleged the banks knew about the scheme.

  • October 18, 2019

    McKesson Faces Uphill Fight To Toss Investor Price-Fix Suit

    A California federal judge appeared skeptical Friday of McKesson Corp.'s bid to toss investors' claims that they were misled as part of its alleged participation in an industry-wide conspiracy to drive up generic drug prices, saying the proposed class had adequately stated that the drug company's alleged lies caused them harm.

  • October 18, 2019

    Full 9th Circ. Won't Review Facebook Face-Scan Ruling

    The Ninth Circuit on Friday denied Facebook Inc.'s bid for rehearing en banc in a class action challenging its face-scanning practices, despite arguments by the social media giant and business groups that a panel's August decision permitting the biometric privacy claims to proceed to trial could allow for "draconian liability."

  • October 18, 2019

    Ford Super-Duty Truck Design Causes Tire Leaks, Drivers Say

    Two Ford Motor Co. F-350 Super Duty truck owners filed a proposed class action against the automaker in Delaware federal court Friday, claiming their pickups are prone to chronic tire leaks due to the vehicles' defective design.

Expert Analysis

  • 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.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

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    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.