Class Action

  • April 29, 2022

    Epic Wants Play Store Changes Blocked To Protect Music App

    Epic Games asked a California federal court to protect its newly acquired online record store app Bandcamp from a coming Google expansion of Android apps required to use its Play Store payment system, warning that Google's mandatory commissions and other policies would badly damage Bandcamp.

  • April 29, 2022

    Ranbaxy Buyers' $485M Deal In Generics MDL Gets Initial Nod

    Ranbaxy Pharmaceuticals drug purchasers nabbed initial approval of a $485 million global settlement struck in March over claims the drugmaker manipulated the U.S. Food and Drug Administration's generic-drug approval process to box out competitors.

  • April 29, 2022

    Whitepages Settles Ill., Ohio Publicity Suits For $4M

    Whitepages Inc. has agreed to pay more than $4 million to settle claims that it violated Illinois and Ohio right to publicity laws by using names and identifying information of proposed class members in free previews advertising their monthly subscription services and background reports.

  • April 29, 2022

    DC Circ. Won't Rethink American U., GWU COVID Tuition Case

    American University and George Washington University on Friday suffered another loss at the D.C. Circuit in their bids to escape proposed class actions over COVID-19 tuition refunds, with the appellate court's full bench refusing to reevaluate a recent revival of breach of contract and unjust enrichment claims against them. 

  • April 29, 2022

    Klarna Hit With Class Action Over Hidden Overdraft Fees

    Financial company Klarna Inc. was hit with a putative class action suit in California federal court on Thursday by a consumer who claims the company misrepresented the risks — including insufficient funds and overdraft fees — associated with its buy now, pay later service.

  • April 29, 2022

    Law Firms Topple J&J Subpoenas For Talc Media Info

    Levy Konigsberg LLP, Hobson & Bradley and The Smith Law Firm PLLC knocked down subpoenas from Johnson & Johnson seeking their communications with media organizations regarding the company's talcum powder products, with a New Jersey federal judge concluding Friday that the material is not relevant to the securities class claims at issue.

  • April 29, 2022

    Klehr Harrison Brings In Litigation Partner From Dechert

    Klehr Harrison Harvey Branzburg LLP expanded its litigation department in Philadelphia with the addition of a former Dechert LLP attorney who specializes in counseling businesses on protecting their interests.

  • April 29, 2022

    Pa. Panel Tosses School Districts' Suit Over Court Fees

    Pennsylvania's Commonwealth Court on Friday rejected two Delaware County school districts' lawsuit against nearly all the county courts in the state that alleges they charge excessive fees.

  • April 29, 2022

    Attys Seek $5M Cut Of Buccaneers Junk Fax Settlement

    The legal team that got the Tampa Bay Buccaneers to settle a decade-old Telephone Consumer Protection Act class action for $19.75 million in March says it rolled the dice on the risky litigation and should be awarded fees and costs totaling more than $5 million.

  • April 28, 2022

    NY Sheriffs Blocked From Enforcing Slashed Debt Rate Law

    A New York federal judge on Thursday blocked Empire State sheriffs from enforcing a new state law that retroactively reduces the statutory interest rate on judgments in consumer debt cases from 9% to 2%, ruling that credit unions challenging the measure have "clearly established irreparable harm."

  • April 28, 2022

    Meta Defeats Facebook Users' Scam Ads Suit, For Now

    Meta beat a putative class action from Facebook users seeking to hold the company liable for money lost to third-party scam ads on the social media platform, as a California federal judge held Wednesday that the suit didn't establish that the company "materially contributed" to the questionable content.

  • April 28, 2022

    BMW Will Pay $1.75M To End Claims Of Pumping Up US Sales

    BMW has agreed to pay $1.75 million to settle class claims that the automaker engaged in deceptive practices that inflated its retail vehicle sales figures in the U.S., the company and investors told a New Jersey federal court Thursday in seeking preliminary approval of the deal.

  • April 28, 2022

    Safety Measures At Crux Of Chancery Pipeline Suit Settlement

    Unitholders of Plains All American Pipeline LP who sued the company and its general partner in 2017 over a 2015 California oil spill told Delaware Court of Chancery on Thursday they will settle the case after reaching an agreement with the company on safety and corporate governance reforms.

  • April 28, 2022

    Big Banks Say 'Odd Lots' Judge Had No Conflict At Dismissal

    Big banks that were freed from a corporate bond-rigging suit by a judge who has since been replaced over a spousal stock ownership conflict have urged the judge's successor to let an appeal of the dismissed case play out in the Second Circuit rather than tee up a do-over.

  • April 28, 2022

    Daikin Wants Ga. Justices To Decide Liability Of PFAS Makers

    Daikin America Inc. wants the Georgia Supreme Court to decide the liability of it and other manufacturers of the toxic per- and polyfluoroalkyl substances in a proposed water pollution class action related to the Peach State's textile industry.

  • April 28, 2022

    Judge Slashes Suit Claiming MabVax Execs Duped Investors

    A New York federal judge has dismissed the majority of the claims in a suit alleging former top executives at biotech company MabVax Therapeutics hid information to dupe investors out of millions as the company headed for bankruptcy.

  • April 28, 2022

    9th Circ. Is Asked To Revive Google Kids' Data Collection Suit

    Plaintiffs in a putative class action against Google, YouTube and channel providers pressed the Ninth Circuit to bring back their claims that those companies violated California's privacy laws after a lower court dismissed the claims last year.

  • April 28, 2022

    Ill. Plasma Donors Can't Pursue Finger Scan Privacy Claims

    Two blood plasma donors cannot move forward with their biometric privacy allegations against three companies that operate donation centers in Illinois, because the donors' suit is too vague to put each business on notice of their claims, a federal judge ruled on Thursday.

  • April 28, 2022

    BNSF Says Biometric Privacy Ruling Risks Its Security Plan

    BNSF Railway has urged an Illinois federal judge to allow the Seventh Circuit to address the legal question of whether a company can be held vicariously liable under Illinois' biometric privacy law for when an external security contractor collects biometric information, saying a recent ruling puts its nationwide security plan at risk.

  • April 28, 2022

    Chancery Keeps Alive Universal Health Stock Options Suit

    A Universal Health Services Inc. stockholder who claimed that directors on a compensation committee took advantage of a pandemic stock price drop to unfairly grant options to the company's officers and directors may continue with a portion of her lawsuit, a Delaware Chancery Court vice chancellor ruled.

  • April 28, 2022

    Prenatal Test Maker Faces Investor Suit Over False Positives

    Biotechnology and women's health company Natera got hit with a proposed shareholder class action after a series of stock drops followed revelations that Natera's prenatal test for genetic disorders allegedly gives inaccurate results for certain conditions.

  • April 28, 2022

    9/11 Judge Tosses 'Duplicative' Suit Over Split Of $3.5B Fund

    A judge overseeing multidistrict litigation over the 9/11 terror attacks has dismissed a related suit filed by several plaintiffs seeking to enforce an "equitable distribution" of $3.5 billion in Afghan funds, saying it is "duplicative" of issues within the MDL.

  • April 28, 2022

    Air Force Officer Can Seek Class Status In Vax Mandate Suit

    A Georgia-based U.S. Air Force officer can transform her individual fight against a COVID-19 vaccine mandate into a proposed class action on behalf of others who, like her, have religious objections, a federal judge has ruled. 

  • April 28, 2022

    Dealers Ask Justices To Take On German Car Antitrust MDL

    U.S. car dealerships want the U.S. Supreme Court to weigh in on the Ninth Circuit's refusal to revive antitrust allegations that German auto manufacturers conspired to control diesel emissions system specifications, arguing that the appellate court pushed pleading standard requirements into dramatic new territory.

  • April 28, 2022

    ER Chief Says Opioid Crisis Feels 'Hopeless' At SF Bellwether

    Zuckerberg San Francisco General Hospital's emergency medicine chief took the stand Thursday in a multibillion-dollar bellwether bench trial accusing Walgreens, Allergan, Teva and Anda of illegally fueling the city's opioid epidemic, testifying that "it sometimes feels very hopeless" dealing with the flood of patient suffering stemming from the powerful painkillers.

Expert Analysis

  • 2nd Circ. Ruling Offers Key Antitrust Takeaways On Standing

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    The Second Circuit's recent rejection of standing for antitrust claims against American Express is grounded in principles of proximate causation and suggests that courts will be particularly skeptical of complicated or attenuated theories of antitrust harm, say attorneys at Paul Weiss.

  • What M&A Activity Looks Like Right Now

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    Attorneys at Fried Frank examine the 2021 M&A environment and ensuing litigation trends, including hostile takeover activity focused on pandemic-hit companies, pressure on special purpose acquisition companies to find new targets, and the shift in the government's stance on competition.

  • Consumer Class Action Trends To Watch As 2021 Ends

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    Targeting automated texting campaigns, biometrics, data security and other legal liabilities, class actions in consumer-interfacing industries have risen in 2021 and will likely remain trendy into the new year, say Alexis Buese and Derek Mountford at Gunster.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

  • How Market Definition Fueled Antitrust Win For Apple

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    A California federal court's recent decision in Coronavirus Reporter v. Apple to dismiss several app developers' antitrust claims against Apple serves as a reminder that defendants should not hesitate to challenge the sufficiency of an antitrust complaint's market definition allegations, says Julie Webb at Locke Lord.

  • Lawyers Must Prepare For Contract Tech Co. Consolidation

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    The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

  • Cordova V. Chicago Could Narrow Fulton Creditor Protection

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    The U.S. Bankruptcy Court for the Northern District of Illinois in Cordova v. Chicago may partially retract the secured creditor shield of the U.S. Supreme Court's 2020 Chicago v. Fulton decision, as that case only addressed potential automatic stay violations of one section of the Bankruptcy Code, say attorneys at Crowell & Moring.

  • Disputing Plaintiff Expert Testimony In Product Liability Cases

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    Several recent decisions have shed light on courts' willingness to dismiss a product liability action where the plaintiff lacks sufficiently reliable evidence of general causation, and defense attorneys can use two related scientific concepts to support their arguments for dismissal, say attorneys at Winston & Strawn.

  • 4th Circ. Ruling Offers Guidance On Scope Of WARN Act

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    A recent ruling from the Fourth Circuit in Pennington v. Fluor clarified how a company may be liable under the Worker Adjustment and Retraining Notification Act, providing key workforce layoff lessons for investors, parent corporations and enterprises that rely on third-party service providers, say attorneys at Ropes & Gray.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

  • Series

    Embracing ESG: Synchrony Counsel Talk Role Of Legal Teams

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    Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

  • Rebuttal

    Arbitration's Advantages Make It A Superior Solution

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    While a recent Law360 guest article criticized arbitration as an inferior method for resolving disputes, arbitral proceedings can provide significant advantages over litigation — including speed, flexibility and lower costs — to companies, consumers and employees alike, says David Singer at SingerADR Neutral Services.

  • Balance Seems To Elude Justices In Northwestern ERISA Case

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    At recent oral arguments before the U.S. Supreme Court in Hughes v. Northwestern University, a major sticking point centered on finding a pleading standard for Employee Retirement Income Security Act excessive fee claims that ensures protection for both plans and participants — but it’s unclear where that middle ground might be, says Dawn Murphy-Johnson at Miller & Chevalier.

  • New 9th Circ. Rulings May Restrict McGill Rule's Scope

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    Attorneys at Buckley explore the McGill rule on arbitrability in light of the Ninth Circuit's recent decisions in Hodges v. Comcast and Cottrell v. AT&T, and explain how the court's approach might limit the rule's application going forward.

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