Class Action

  • July 16, 2019

    Judge OKs Release Of National Opioid Sales Data

    The Ohio federal judge overseeing multidistrict litigation over the opioid crisis said that national data on opioid sales before December 2012 should be publicly available.

  • July 16, 2019

    Duane Morris Wants Out Of Suit Over Debt Collection Tactics

    Duane Morris LLP has urged a Florida federal court to toss a proposed class action that alleges it violates federal and Florida consumer protection laws through the language it uses in collection letters for mortgage debt, arguing it complied with the law in the example cited in the case.

  • July 16, 2019

    Pharmacy Benefit Cos. Improved Opioid Policies, Judge Says

    The nation’s biggest pharmacy benefit management companies have voluntarily implemented policies to help clamp down on painkiller prescriptions, according to an Ohio federal judge overseeing multidistrict litigation over the opioid addiction epidemic.

  • July 16, 2019

    $8M Deal In Allied Power OT Row Needs Work, Judge Says

    Workers accusing Allied Power Services LLC of failing to pay overtime to certain employees have reached an $8 million settlement with the Illinois power company, but an Illinois federal judge said Tuesday that it needs some adjustments before he can grant preliminary approval.

  • July 16, 2019

    Friendly's Vanilla Ice Cream Not Vanilla Enough, Suit Says

    An irate ice cream lover from New York has hit Friendly’s with a putative class action, claiming the ice cream maker misleads consumers by spiking its vanilla ice cream with artificial flavors and inaccurately labeling them as “natural flavors.”

  • July 16, 2019

    New Boston-Area Casino Cheating At Blackjack, Suit Claims

    The recently opened Encore Boston Harbor is cheating at blackjack by not paying winners what it should, "stealing" $85,000 from gamblers each day and $30 million per year, according to a putative class action filed Monday in Middlesex Superior Court.

  • July 15, 2019

    J&J Can't Quit Deception Playbook, Okla. Says In Closings

    The state of Oklahoma said Monday in closing arguments for a landmark trial that pharma giant Johnson & Johnson carried out a "calculated plan" to deceive the medical community and the public about the safety of opioids, and then followed the same strategy of withholding information right through the seven-week trial.

  • July 15, 2019

    Reckitt Hit With Stock Drop Suit Over $1.4B Opioid Probe Deal

    British pharmaceutical company Reckitt Benckiser Group PLC was hit with a stock drop suit Monday in New Jersey federal court, shortly after announcing it will pay U.S. authorities up to $1.4 billion to settle an investigation into an opioid addiction medication.

  • July 15, 2019

    Feds Defend TCPA From Latest Constitutional Attack

    The U.S. government is urging a Missouri federal court to reject a group of sports bars' argument that the Telephone Consumer Protection Act's autodialer restriction doesn't pass constitutional muster, contending that a pair of recent appellate court rulings striking down a portion of this provision were wrong. 

  • July 15, 2019

    Mass. Judge 'Troubled' By $3M Uber Settlement, $1M Atty Fee

    A Massachusetts federal judge on Monday said he was “troubled” by certain aspects of a $3 million settlement between Uber and a class of riders who say they were overcharged for airport rides, asking attorneys connected with the case to spell out why they deserve a nearly $1 million fee.

  • July 15, 2019

    Philip Morris Looks To Stub Out Suit Over E-Cig Sales, Studies

    Philip Morris International asked a New York federal judge to dismiss claims that it misled investors about the sales of its flagship electronic cigarette and the device's likelihood of getting regulatory approval to be sold in the U.S.

  • July 15, 2019

    Judge Sour On Class Bid In See's Candies Break Suit

    A California state judge declined to certify a proposed class action accusing chocolatier See’s Candies of effectively denying workers their meal and rest breaks by making them run stores solo, saying it’s too hard to tell whether the employees actually worked alone.

  • July 15, 2019

    J&J Slams 'Gross Mischaracterization' Of Talc Ruling

    Consumers alleging Johnson & Johnson’s talcum powder causes cancer have “grossly” mischaracterized a California state appellate court’s finding in one woman’s case by stating that the court overturned a ruling on general causation, the pharmaceutical giant fumed Monday in a filing in the ongoing multidistrict litigation.

  • July 15, 2019

    Lender Can't Push Wage Suit To Arbitration, 8th Circ. Says

    The Eighth Circuit ruled Monday that mortgage lender PrimeLending can't arbitrate a proposed collective action accusing it of stiffing workers on overtime pay, finding there wasn't enough evidence that the lead plaintiff agreed to be bound by an arbitration clause in the company's electronic employee handbook.

  • July 15, 2019

    $80M Roundup Verdict Slashed To $25M By Calif. Judge

    A California federal judge on Monday reduced an $80 million verdict against Monsanto to $25 million, calling the company's failure to warn about the dangers of its Roundup weedkiller "reprehensible" but finding the punitive damages awarded to a man who claims Roundup caused his cancer unreasonably high.

  • July 15, 2019

    'Dukes' Veterans Must Press Wal-Mart Pay Bias Claims Alone

    Dozens of women who were part of the class dissolved by the U.S. Supreme Court's landmark Dukes decision were dealt another setback in their long-running quest to pursue pay discrimination claims against Wal-Mart when a Florida federal judge ordered them to refile a pair of group lawsuits as 79 individual cases.

  • July 15, 2019

    Cemex Escapes Investor Suit Over Bribery, For Now

    Global building materials company Cemex succeeded in dodging a proposed securities class action accusing it of covering up a bribery scheme when a New York federal judge found that the investors' allegations were unconvincing and vague.

  • July 15, 2019

    Au Pair Co. Sued For Double-Charging Clients

    A company that matches U.S. families with au pairs from abroad is consistently defrauding host families and live-in nannies by requiring both parties to simultaneously and redundantly pay for the au pair's international round-trip airfare, according to a proposed class action launched in Massachusetts federal court Friday.

  • July 15, 2019

    Gov't Can't Duck Review Of PACER Fee Use, Fed. Circ. Told

    A certified class of PACER users has urged the Federal Circuit to find that the judiciary can review whether the government improperly spent more than $200 million it collected from fees, saying the government can’t rebut their claims and has resorted to making a “novel” jurisdictional argument that has no weight.

  • July 15, 2019

    Digital Printing Firm Investor Seeks $1.7B Tie-Up Records

    An Electronics for Imaging Inc. investor has filed suit in Delaware Chancery Court seeking access to the digital printing company's records to investigate potential wrongdoing in connection with its planned $1.7 billion sale to an affiliate of private equity firm Siris Capital Group LLC.

  • July 15, 2019

    Banks Can't Duck Robocall Liability With Earlier TCPA Deal

    An Illinois federal judge has freed three banks from direct liability claims over their loan servicer's illegal mortgage loan collection robocalls, but said the banks can't use an earlier settlement between borrowers and the loan servicer in the Telephone Consumer Protection Act case to avoid vicarious liability claims.

  • July 15, 2019

    Florida Hotel Calls Automatic Gratuities Suit A 'Set-Up'

    A South Beach hotel has told a Florida federal judge that a proposed class action accusing it of deceptively charging automatic gratuities and overbilling at its restaurants and bars is a "set-up," saying the plaintiff's menu and bill photos prove he knew of the discrepancies but willingly paid anyway.

  • July 15, 2019

    GWU Closes Book On ERISA Class Action

    A Washington, D.C., federal judge threw out a proposed class action Monday that accused The George Washington University of mismanaging workers' retirement savings, concluding that the person who filed the case gave up her right to sue as part of a 2016 settlement in a separate suit.

  • July 15, 2019

    Snapchat Fights Class Cert. Bid In Investors' IPO Suit

    Snap Inc., the parent company of social media giant Snapchat, urged a California federal judge Friday to reject a certification bid by a proposed shareholder class accusing the company of conducting a fraudulent initial public offering, arguing that the investors’ claims were lodged too late and the class definition is “overbroad.”

  • July 12, 2019

    Investors Say Sales Potential Of Hair Transplant Robot Inflated

    Restoration Robotics investors slapped the medical technology company with a putative securities class action in California federal court Thursday, alleging executives inflated the sales potential of a robotic machine the company was developing to assist physicians in hair restoration surgery.

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 On '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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