Class Action

  • September 27, 2019

    Lewis Brisbois Brings Litigation Pro To Atlanta Office

    Lewis Brisbois is bolstering its Atlanta office with experienced litigation attorney Daniel C. Norris, who will join the firm’s complex business and commercial litigation practice as a partner, the firm announced in a statement Thursday.

  • September 27, 2019

    7th Circ. Questions Facebook's Arbitration Claims In OT Row

    The Seventh Circuit on Friday pressed Facebook Inc. to explain why it should take the social media giant at its word when it said more than half of a conditionally certified class of employees seeking unpaid overtime would be barred from joining the action because of arbitration agreements.

  • September 27, 2019

    Samsung Reaches $2.8M Deal In Galaxy Device Speed Suit

    Samsung agreed Thursday to pay $2.8 million to settle a California lawsuit alleging it misled consumers by rigging the Galaxy S4 to run faster in presale speed tests.

  • September 27, 2019

    DoorDash Tip Policy Picks Drivers' Pockets, Consumers Claim

    DoorDash is deceptively using tips that customers give food delivery drivers to offset minimum payments the company owes those drivers, according to a proposed class action filed in California federal court.   

  • September 27, 2019

    Wells Fargo Gets Claims In Overdraft MDL Sent To Arbitration

    After the Eleventh Circuit backed its arguments, Wells Fargo NA won its bid to send unnamed class members’ claims into arbitration in five suits in multidistrict litigation accusing banks of deceptive practices regarding overdraft fees.

  • September 27, 2019

    Homebuilder Workers' Suit Over Stock Sale Is Pared Down

    An Illinois federal judge has narrowed an Employee Retirement Income Security Act suit brought by former workers at Missouri-based homebuilder McBride & Son who claim their employee stock ownership plan was forced to sell off its shares too cheaply.

  • September 27, 2019

    RedBox Parent Sued Anew In Del. Over $1.6B Apollo Merger

    An Outerwall Inc. investor who withdrew a federal class challenge to the company's $1.6 billion sale to Apollo Global Management in late 2017 sued over the same deal in Delaware Chancery Court late Thursday, alleging disclosure failures and seeking a compensatory "quasi-appraisal" award.

  • September 27, 2019

    Robbins Geller To Lead Reckitt Stock-Drop Suit

    A New Jersey federal judge has named Robbins Geller Rudman & Dowd LLP as lead counsel and its client as lead plaintiff in a proposed securities class action against British pharmaceutical company Reckitt Benckiser Group PLC over claims the business misled investors about the safety of its opioid addiction medication.

  • September 27, 2019

    7th Circ. Says Opt-Outs Can't Undo $24M JP Morgan Bias Deal

    The Seventh Circuit has shot down a challenge to a $24 million settlement in a suit accusing JP Morgan Chase Bank NA of bias against its African American financial advisers, saying the workers who opted out of the pact and appealed hadn't shown they were harmed.

  • September 27, 2019

    Huntington Bancshares Must Face Bulk Of ERISA Suit

    An Ohio federal judge has trimmed a proposed class action challenging Huntington Bancshares Inc.'s decision to make allegedly underperforming company-owned mutual funds the centerpiece of its 401(k) plan, but refused to toss claims that it failed to look out for plan participants' best interests and saddled the plan with excessive fees.

  • September 26, 2019

    J&J Launches Appeal Of $572M Okla. Opioid Judgment

    Johnson & Johnson kicked off its promised appeal of a $572 million judgment in Oklahoma's first-in-the-nation trial over drugmaker liability for the opioid crisis, calling the ruling profoundly flawed and warning of "grave implications" for large swaths of the private sector.

  • September 26, 2019

    VW Must Face Bondholder's Emissions Fraud Suit

    Volkswagen AG must face proposed class claims it duped a pension fund into buying overpriced bonds by failing to disclose the German automaker's 2015 diesel emissions scandal in bond offering documents, a California federal judge said Thursday.

  • September 26, 2019

    'Negotiation Class' In Opioid MDL Is Unlawful, 6th Circ. Told

    A first-of-its-kind "negotiation class" designed to seek nationwide settlements in the multidistrict opioid litigation flouts federal law and improperly entices plaintiffs attorneys to cut deals, a group of cities has told the Sixth Circuit.

  • September 26, 2019

    Ex-Bartender Hits Miami Beach Restaurant With Wage Suit

    A former bartender at a Miami Beach restaurant sued the eatery Thursday claiming she was fired after complaining that management illegally calculated her overtime based on direct cash wages rather than the higher total minimum pay for tipped workers 

  • September 26, 2019

    Hyatt Must Face Workers' Biometric Privacy Suit, Judge Says

    A Cook County judge on Thursday denied Hyatt Corp.'s bid to dodge a proposed class action accusing it of violating Illinois' biometric privacy law, saying the hotel chain's arguments that the named plaintiff didn't suffer an injury-in-fact would render the statute "meaningless."

  • September 26, 2019

    House Panel's Kramer Levin Hire Brings Heat To Trump Probe

    The House Judiciary Committee has a secret weapon in its impeachment inquiry: a veteran trial lawyer from Kramer Levin who has been working mostly behind the scenes since February. But an appearance in a recent hearing and evidence from past investigations suggest that outside counsel likely will be a powerful asset to House Democrats on the road ahead.

  • September 26, 2019

    7th Circ. Says Ill. Miners Faced Temporary, Not Mass, Layoff

    The Seventh Circuit ruled Thursday an Illinois coal mine didn't violate federal labor law by failing to give 158 full-time miners proper notice about their layoffs, saying the workers failed to show the reduction in force was a permanent mass layoff.

  • September 26, 2019

    Teva Can't Escape Investors' Price-Fixing Claims, Judge Says

    Teva Pharmaceutical Industries Ltd. will continue to face investors' proposed class claims that it misled them by telling them its revenue was increasing because of efficiency and good management while the company was fixing prices for generic drugs, a Connecticut federal judge ruled Wednesday.

  • September 26, 2019

    Charter Wants OT, Rest Break Suit Moved To Federal Court

    Charter Communications LLC is attempting to transfer to federal court a proposed class action in California accusing the cable giant of numerous employment law violations, including withholding overtime pay and refusing to let workers take breaks.

  • September 26, 2019

    Qualcomm Tells 9th Circ. 250M Buyer Class Too Big To Work

    Qualcomm blasted a lower court's "certify first, ask questions later" strategy for managing a class action that could cover 250 million U.S. phone buyers, telling the Ninth Circuit on Wednesday that the decision to certify so many consumers "is indefensible and must be reversed."

  • September 26, 2019

    Two Essure Users Fight Uphill To Keep Injury Claims Alive

    Attorneys representing an Oregon woman and a Pennsylvania woman who claim they were harmed by Bayer HealthCare's Essure birth control urged a California judge Thursday to change her mind and keep alive their negligence and duty-to-warn claims, arguing that the claims are not preempted by federal law.

  • September 26, 2019

    Argent Fights Bid To Revive Suit Over $198M Stock Buy

    Argent Trust Co. asked a federal judge not to rethink his decision tossing a Choate Construction Co. employee's proposed class action that claimed Argent failed to properly vet her company benefits plan's $198 million purchase of allegedly overvalued stock, saying she is trying to "rehash" arguments the court already rejected.

  • September 26, 2019

    Chicago Wins Appeal Bid To Tax Fannie, Freddie Transfers

    Chicago can assess real property transfer tax on transfers to and from Fannie Mae and Freddie Mac, an Illinois appeals court ruled Thursday in a class action, saying the transfers aren’t exempt because the enterprises are not government bodies.

  • September 26, 2019

    DOJ Antitrust Deputy Blasts Supreme Court's Apple Ruling

    A deputy in the U.S. Department of Justice's Antitrust Division offered a stark rebuke of the U.S. Supreme Court's recent decision forcing Apple to face a lawsuit from app store customers, saying the majority undermined the direct purchaser precedent it affirmed.

  • September 26, 2019

    Invesco Off The Hook In 401(k) Plan Dispute, For Now

    A Georgia federal judge has tossed a proposed ERISA class action accusing the investment management company Invesco of wrongly lining its pockets by filling its 401(k) plan with its own products, but gave the ex-worker behind the suit 20 days to bring his claims up to snuff.

Expert Analysis

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • The 'Newly Acquired Information' Shift In Pharma Litigation

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    Before 2015, most failure-to-warn cases against pharmaceutical companies generally hinged on the adequacy of warnings given to prescribing physicians. But a survey of recent cases reveals that many now turn on whether there is “newly acquired information” permitting the manufacturer to change its labeling, says Richard Dean of Tucker Ellis.

  • Class Action Takeaways From 9th Circ.'s New Hyundai Ruling

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    The Ninth Circuit's latest opinion in the Hyundai and Kia Fuel Economy Litigation addresses how class action settlements should be evaluated. But the importance of the decision goes beyond what it means for class settlements — it reaffirms core principles of litigated motions for class certification, says William Stern of Covington.

  • Why Bellwethers Matter In The Opioid MDL

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    The prescription opioid multidistrict litigation pending before U.S. District Judge Dan Polster in Ohio demonstrates both how hard selecting bellwethers is, and why they must be selected so carefully, say Sarah Angelino and Stephen Copenhaver of Schiff Hardin.

  • Perspectives

    Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • Much-Needed 3rd Circ. Insights On TCPA Fax Issues

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    In two decisions issued in consolidated cases, the Third Circuit recently offered additional substantive guidance on what is and isn't an advertisement under the Telephone Consumer Protection Act, and provided businesses issuing customer surveys through faxes with a safe harbor from TCPA liability, say Samantha Southall and Patrick Doran at Buchanan Ingersoll.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Anticipating Potential Updates To Ill. Biometric Privacy Law

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    Bills introduced in the Illinois Legislature would amend the Biometric Information Privacy Act to remove the private right of action and expand its definition of “biometric identifier." Attorneys at Quarles & Brady discuss the amendments' potential implications and other BIPA issues that could soon be resolved.

  • The Aftermath Of High Court's Class Action Removal Opinion

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    In Home Depot v. Jackson, the U.S. Supreme Court held last week that a third party named as a defendant in a class action counterclaim cannot remove the case to federal court under the Class Action Fairness Act, which will likely lead to many more class actions filed as counterclaims in state court, say attorneys at Mayer Brown.

  • Calif. Employer Strategies For Retrospective Data Collection

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    The Ninth Circuit's recent decision in Vazquez v. Jan-Pro Franchising — allowing the California Supreme Court’s worker classification opinion in Dynamex to be applied retroactively — may result in employers seeking ways to collect retrospective workforce data. There are several techniques to accomplish this, says Elizabeth Arnold of Berkeley Research Group.

  • Class Action Insights From Justices' App Store Opinion

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    The U.S. Supreme Court's recent decision in Apple v. Pepper exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms, and offers an early glimpse into the antitrust approach of Justice Brett Kavanaugh, say Leiv Blad and Rachel Maimin at Lowenstein Sandler.

  • Perspectives

    NLRB Case Hinders Workers' Path To Justice

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    A little-noticed National Labor Relations Board filing has taken the U.S. Supreme Court's 2018 class action waiver decision and turned it into a justification for further limiting workers’ access to courts, says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

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