Class Action

  • October 07, 2019

    UPMC Says 60K Employees Lack Standing In Data Breach Suit

    About 60,000 University of Pittsburgh Medical Center employees whose personal data was hacked have no standing to sue the hospital network in a proposed class action because no one has actually used or abused their stolen data, an attorney for UPMC argued in Pennsylvania state court Monday.

  • October 07, 2019

    Tax Prep Co. Gets Final OK For $3M Data Breach Settlement

    An Illinois federal judge on Monday granted final approval to a $3 million settlement in a consolidated class action alleging cloud-based tax preparation company ComplyRight Inc. failed to prevent a data breach, saying relief would be “substantial” for its customers.

  • October 07, 2019

    High Court Sends TCPA Junk Fax Dispute Back To 6th Circ.

    The U.S. Supreme Court on Monday ordered the Sixth Circuit to revisit its split decision that faxes seeking contact information verification qualify as advertisements under junk fax rules, in light of an earlier high court ruling on the validity of federal agencies' interpretation of federal law.

  • October 07, 2019

    Aluminum Case Can't Save Bond Price-Fix Suit Versus Banks

    Barclays, Citigroup and other big banks escaped investors' bond price-fixing claims, with a federal judge saying the Second Circuit’s recent finding that antitrust claims could be brought by players in more than one market applied here too, but the investors hadn't shown they were hurt by the alleged bond-rigging.

  • October 04, 2019

    Plaintiffs Firms Follow Easy Merger Money To Federal Court

    A handful of law firms have seized an opportunity to profit from merger challenges in federal court with little scrutiny from judges, a development critics say amounts to a shakedown with little benefit beyond lining attorneys' pockets. 

  • October 04, 2019

    'Counsel Owe An Explanation,' Alsup Warns In Logitech Row

    U.S. District Judge William Alsup has chastised counsel representing the parties in a proposed class action alleging Logitech falsely advertised its Z200 speakers, saying they owe him an explanation for why it took so long to discover that the lead plaintiff is a convicted felon.

  • October 04, 2019

    Judge Says $40M GM Settlement Must Be 'More Robust'

    A Florida federal judge held off Friday on approving a roughly $40 million deal to settle claims of defective engines in two General Motors SUV models, asking for a "more robust" proposed order stating explicitly that the deal covers costly engine replacements in the face of concerns from objectors.

  • October 04, 2019

    Facebook Users Press 9th Circ. To Skip Privacy Row Review

    Facebook users suing the social media giant over its face-scanning practices are urging the full Ninth Circuit to refrain from reconsidering a panel decision reviving their class claims, arguing that controlling precedent offers no support for Facebook's "misguided attempt" to overturn the ruling.

  • October 04, 2019

    McAfee Investors Get $11.7M Deal Over Sale To Intel Approved

    A California judge approved an $11.7 million deal on Friday resolving allegations by McAfee Inc. investors that the cybersecurity software company and its former CEO breached their fiduciary duties in pushing for Intel Corp.'s $7.7 billion acquisition of McAfee in 2010.

  • October 04, 2019

    Mortality Table Ruling Needs Redo, Cigna Workers Say

    A class of Cigna workers pointed a Connecticut federal judge's attention to 10 ERISA lawsuits challenging the use of "outdated" interest rates and mortality tables, urging her to reconsider a decision they say lets the insurer short them on retirement benefits.

  • October 04, 2019

    Pomerantz Named Lead Counsel In Bribery Stock Drop Suit

    Pomerantz LLP has been appointed lead counsel in a proposed class action in California federal court by two investors in ChinaCache International Holdings Ltd. who say the Beijing-based company misled investors about risks to the company for more than four years.

  • October 04, 2019

    Retailers Win Fight Over How To Carve Loestrin Antitrust Trial

    Retailers who bought the hormonal birth control pill Loestrin have won a contentious fight over how to slice up an approaching multidistrict litigation trial over whether two pharmaceutical companies worked together to keep generic versions of the pill off the market.

  • October 04, 2019

    Insurer Tells 7th Circ. It’s Not Liable For $50M Pollution Award

    Westfield Insurance Co. asked the Seventh Circuit to uphold a ruling that it had no obligation to defend a recycling plant that had been hit with a $50 million default judgment in a pollution class action.

  • October 04, 2019

    Cooley Says Theranos Founder Holmes Not Paying Legal Bills

    Theranos Inc. founder Elizabeth Holmes hasn't been paying her legal bills and likely never will, Cooley LLP attorneys have told an Arizona federal judge in a motion seeking permission to stop representing the embattled former CEO in consolidated civil litigation accusing her and her defunct blood-testing startup of fraud.

  • October 04, 2019

    5th Circ. Won't Revive $220M Cobalt Insurer Fight In Fed Court

    A dispute over whether two insurers must pay for Cobalt International Energy Inc.'s $220 million securities class action settlement will have to play out in state court, the Fifth Circuit ruled Thursday.

  • October 04, 2019

    ERISA Trio Gives Justices A Chance To Curb Benefits Suits

    With three ERISA cases on its docket this year, the U.S. Supreme Court has a chance to significantly restrict workers and retirees' ability to pursue class actions under the federal benefits statute.

  • October 04, 2019

    Pilgrim's Pride Investor Suit In Chancery Settles For $42.5M

    A $42.5 million settlement is in place to end a minority stockholder derivative suit in Delaware Chancery Court against the controlling shareholder of chicken producer Pilgrim’s Pride Corp. over the $1.3 billion acquisition of an affiliated company, according to documents filed Friday.

  • October 04, 2019

    Shutterfly Says Ill. Biometric Law Doesn't Cover Online Photos

    Shutterfly Inc. urged an Illinois federal judge Thursday to toss out a lawsuit claiming its facial recognition technology violates the state's biometric privacy law, arguing the statute excludes liability over information derived from online photographs.

  • October 04, 2019

    Tech Co. Impinj, Execs Must Face Suit Over Platform Problems

    Technology company Impinj Inc. and two of its top executives can’t escape a securities fraud suit that claims they lied to investors about problems with the platform’s functionality, a Washington federal court ruled Friday, though claims against a third executive were trimmed from the suit.

  • October 04, 2019

    Bacardi, Winn-Dixie Want Out Of 'Grains Of Paradise' Suit

    Bacardi USA Inc. and Winn-Dixie Supermarkets Inc. urged a Florida federal court on Friday to toss a suit claiming they sold a brand of gin "adulterated" with an ingredient called "Grains of Paradise," saying federal regulators explicitly categorize the spice as safe for consumption.

  • October 04, 2019

    Match's Phony Love Ads Hurt Co.'s Stock, Investors Say

    A proposed class of Match Group investors sued the online dating giant in Texas federal court, saying a Federal Trade Commission complaint over the company's alleged use of fake advertisements led to the company's stock price dropping by 2%.

  • October 04, 2019

    Tax Law Win Hurts Marriott In Data Breach MDL, Chicago Says

    The city of Chicago says a recent ruling upholding a tax the city imposes on streaming entertainment services supports its argument that Marriott can't escape the city's suit over a massive data breach the company allegedly hid.

  • October 04, 2019

    Wolf Haldenstein Nabs Lead In Molson Coors Stock-Drop Suit

    Wolf Haldenstein Adler Freeman & Herz LLP will lead a newly consolidated proposed class action accusing Molson Coors Brewing Co. of causing a stock drop when it disclosed it had severely underreported its taxes, beating out Pomerantz LLP for the top spot in Colorado federal court Thursday.

  • October 04, 2019

    Unilever Deodorant Causes Stains It Claims To Stop, Suit Says

    A proposed class of deodorant buyers is suing Unilever, the makers of Degree deodorant, alleging in a suit removed to Missouri federal court on Friday that a women's antiperspirant marketed as preventing white and yellow marks instead contains an ingredient that causes those marks.

  • October 03, 2019

    James Franco's Film School Sexually Exploited Women: Suit

    Movie and television star James Franco's now-shuttered acting and film school dangled film and TV opportunities in front of female students — many of whom were teenagers — in exchange for explicit nudity and sex, according to a proposed class action filed by two women Thursday.

Expert Analysis

  • '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.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

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