Class Action

  • September 30, 2019

    Rakoff Triples Objector's Atty Fees In $3B Petrobras Deal

    A man who saved a class of investors $46 million in legal fees stemming from their $3 billion settlement with Brazil's state-run oil giant Petrobras won almost $34,000 for his legal counsel, roughly tripling the original award.

  • September 30, 2019

    'Erratic' Overstock.com CEO Punished Short Sellers, Suit Says

    Internet retailer Overstock.com was hit with a proposed class action in Utah federal court Friday by an investor claiming that in the tumultuous months after the company launched a cryptocurrency trading platform, the "erratic" CEO and his top financial deputy manipulated the markets and ultimately knocked half the price off its shares.

  • September 30, 2019

    CBD Cos. Lied About Dosages, Proposed Class Action Says

    A Florida CBD retailer and its parent companies have been hit with a proposed class action claiming their products do not contain the advertised amounts of cannabidiol, and that they are cheating customers with their false and deceptive labels.

  • September 30, 2019

    Hershey, Mars And Nestle Fight Child Labor Suits At 1st Circ.

    Hershey, Mars and Nestle urged the First Circuit on Friday to affirm the dismissal of proposed class actions alleging they violated consumer protection statutes by failing to disclose on chocolate wrappers that they source cocoa beans from farms that use child labor.

  • September 30, 2019

    J&J Beats Investor's Suit Over Talc-Cancer Link

    A New Jersey federal judge has thrown out a shareholder’s derivative suit alleging Johnson & Johnson improperly sold talcum powder despite its purported cancer link, because the investor did not previously call on the company’s board to take action over such claims.

  • September 30, 2019

    Outback Managers' OT Collective Action Falls Short

    A Massachusetts federal judge declined Monday to let Outback Steakhouse front-of-house managers move forward as a nationwide class in a Fair Labor Standards Act suit for overtime pay, while also noting she has “serious concerns” about the ruling’s implications for future collective actions.

  • September 30, 2019

    UnitedHealthcare Dodges Bulk Of Wilderness Therapy Suit

    A Utah federal judge has tossed most of a proposed class action alleging UnitedHealthcare improperly refused to pay for programs that use outdoor activities to treat young people's mental health issues, saying the patients behind the suit did not show they had been hurt. 

  • September 30, 2019

    Samsung's Proposed Deal In Plasma TV Suit 'Unfair': Judge

    A California federal judge has shot down Samsung's attempt to settle a proposed class action claiming it sold defective plasma TVs and failed to make replacement parts available, saying the suit's lack of notice to the class, "onerous" objection requirements and lack of any payout except to the attorneys and named plaintiffs make the deal "unfair" and unreasonable.

  • September 30, 2019

    Xura Investors Settle Ahead Of Del. Trial Over $643M Deal

    A proposed settlement has been reached in an investor suit that alleged misleading proxy materials were released leading up to Siris Capital Group’s $643 million acquisition of software company Xura Inc., according to a Delaware Chancery Court document released Monday.

  • September 27, 2019

    Latest Suit Over $13B TransCanada Sale Is Tossed

    Describing the litigation as “the class’s fourth bite at the apple,” a New York federal judge has dismissed one case in a string of suits that challenged Columbia Pipeline Group’s $13 billion merger with TransCanada in March 2016.

  • September 27, 2019

    Marriott Settles Suit Over English-Only COBRA Notices

    Marriott International Inc. has settled a class action with thousands of former hotel workers over notices it provided about their rights to continued health care coverage under the Consolidated Omnibus Budget Reconciliation Act that were only in English and allegedly incomplete.

  • September 27, 2019

    Walgreens, Vision Direct Ink $12M Contact Lens Antitrust Deal

    Walgreens and Vision Direct have agreed to jointly pay $12 million to settle a class action brought by online contact lens buyers who claim the retailers suppressed competition in the online market for contact lenses, according to a motion for preliminary approval of the deal filed Friday in Utah federal court.

  • September 27, 2019

    2 Classes Certified In Suboxone Product-Hop Suit

    A Pennsylvania federal judge on Friday certified a class of direct purchasers of Suboxone as well as a class of end payors in multidistrict litigation over an alleged product-hopping scheme by Indivior PLC to block generic versions of the opioid treatment drug from coming to market.

  • September 27, 2019

    Concussion Settlement Judge Disputes Lit Funder's Claims

    The federal judge overseeing the NFL concussion settlement has responded to litigation funder Thrivest's claims she's ignoring a Third Circuit ruling that partially overturned an earlier decision of hers, defending her actions but nonetheless directing the claims administrator to look into the episode.

  • September 27, 2019

    Ex-Anheuser-Busch Workers Get $51.7M In Pension Suit

    A Missouri federal judge has awarded $51.7 million to a class of former Anheuser-Busch Co. workers who were denied a company-promised boost in pension payments after the unit they worked for was sold.

  • September 27, 2019

    Sanofi Beats First Bellwether In Chemo Drug Hair Loss MDL

    Sanofi was cleared of liability Thursday in the first bellwether trial in multidistrict litigation against drugmakers over claims that the chemotherapy drug Taxotere causes patients to lose their hair permanently.

  • September 27, 2019

    Hagens Berman Proposed As Apple App Store Class Lead

    A proposed class of developers has asked a California federal judge to name Hagens Berman Sobol Shapiro LLP as the interim lead counsel in their closely watched antitrust challenge targeting Apple's app store practices, saying they have agreed to consolidate the litigation with a similar suit.

  • September 27, 2019

    Abrams & Bayliss, Olshan Frome Seek $22M For Medley Deal

    Abrams & Bayliss LLP and Olshan Frome Wolosky LLP are seeking $22 million in fees for their work brokering a $47 million cash and stock deal on behalf of a putative investor class that challenged Medley Capital Corp.'s proposed complex merger with Sierra Income Corp., according to filings in Delaware Chancery Court.

  • September 27, 2019

    AT&T's Text Message Surveys Violate TCPA, 7th Circ. Hears

    A putative class of consumers told the Seventh Circuit Friday that a lower court too narrowly defined "autodialer" when it found a system AT&T used to send out survey text messages didn't violate the Telephone Consumer Protection Act because it didn't "randomly or sequentially" choose numbers to contact.

  • September 27, 2019

    Eye on ERISA: Q&A With McDermott's Ted Becker

    McDermott Will & Emery LLP partner Ted Becker, co-head of the firm's ERISA litigation practice, has been envisioning a new wave of litigation as he watches the 2020 Democratic presidential debates.

  • September 27, 2019

    Claims Trimmed In USA Taekwondo Sex Abuse Suit

    A Colorado federal judge on Friday dismissed half the remaining claims in a proposed class action accusing USA Taekwondo and the U.S. Olympic Committee of allowing two members of "the 'first family' of taekwondo" to run a scheme forcing athletes to trade sex for opportunities to compete.

  • September 27, 2019

    Rising Star: Quinn Emanuel's Adam Wolfson

    Quinn Emanuel Urquhart & Sullivan LLP partner Adam Wolfson helped lead a group of insurers to a billion dollar victory against the Trump administration after it cut off payments that help them reduce costs for low-income individuals, landing him among the five class action attorneys under 40 honored by Law360 as Rising Stars.

  • September 27, 2019

    Keep Med Supply Pricing Suit Buried, Becton Urges 7th Circ.

    Medical technology company Becton Dickinson & Co. urged a skeptical Seventh Circuit panel Friday not to revive three health care providers' proposed class action claiming it inflated the cost of medical supplies, saying if a conspiracy exists, the providers are part of it.

  • September 27, 2019

    Court Cites Autodialer Disputes In Rejecting $6M TCPA Deal

    A Washington federal court has cited a lack of "clarity" over the scope of an autodialer in rejecting a $6 million deal that would have resolved a class action accusing senior housing referral service A Place For Mom Inc. of breaching the Telephone Consumer Protection Act with illegal robocalls.

  • September 27, 2019

    Lieff Cabraser To Rep Class Suing Riddell In Concussion MDL

    Claims against helmet maker Riddell Sports Group Inc. in connection with the sprawling National Football League concussion case have inched forward after a Pennsylvania federal judge named attorneys from Lieff Cabraser Heimann & Bernstein LLP and The Brad Sohn Law Firm PLLC as lead counsel for those cases.

Expert Analysis

  • Courts Are More Rigorously Scrutinizing Class Settlements

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    Although the hurdles to certification of a settlement class are not as high as they were last year, the difficulties of demonstrating that a class action settlement is fair, reasonable and adequate arguably trend higher, say attorneys at Alston & Bird.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon Reviews 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • The First Deference Ruling Of High Court Term

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    PDR Network v. Carlton & Harris is a Telephone Consumer Protection Act case, but the U.S. Supreme Court's decision last week drew some important battle lines over the broader question of agency deference, say Artin Betpera and David Carter of Womble Bond.

  • 5 Lessons From JPMorgan's Parental Leave Litigation

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    In light of JPMorgan Chase's recent $5 million settlement in a class action alleging sex discrimination in its parental leave policy, employers should proceed with caution when it comes to policies that differentiate between primary and nonprimary caregivers, says Alexandra Harwin of Sanford Heisler.

  • An Analytical Approach To Defending Securities Class Claims

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    A recent analysis indicates that 33 securities class action complaints filed in the last year contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Verifiable absence of indirect price impact can help directors and officers execute a successful defense to negate class treatment, says Nessim Mezrahi of SAR.

  • Threat Of Sales Tax Overcollection Suits Grows Post-Wayfair

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    Although the full effect of last year's South Dakota v. Wayfair U.S. Supreme Court decision is still uncertain, we expect that the trend of consumer sales tax class actions will grow as retailers struggle to keep up with the proliferation of states' Wayfair regulations, say attorneys at Ropes & Gray.

  • Offshore Rig Ruling Checks State Claims At Shore

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    The U.S. Supreme Court's broad ruling in Parker Drilling v. Newton that federal — not state — wage laws apply to offshore oil workers is an important win for companies with operations on the Outer Continental Shelf, say attorneys at Paul Hastings.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

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