Class Action

  • September 18, 2019

    AAA, Priceline Escape Members' Hotel Booking Suit

    A New York federal judge dismissed a putative class action Wednesday that accused AAA and Priceline of charging hidden fees for hotel bookings, agreeing with a magistrate judge’s finding that the consumer can’t sue for breach of a term that is absent from a contract.

  • September 18, 2019

    Door Makers Can't Shut Out Buyers' Price-Fixing Claims

    Two of the country's largest interior molded door manufacturers cannot escape a consolidated antitrust class action, because direct and indirect purchasers have sufficiently alleged that the companies conspired to jack up prices in the market, a Virginia federal judge ruled Wednesday.

  • September 18, 2019

    Allstate Says Stock Price Proof Ignored In Underwriting Suit

    Allstate Corp. told the Seventh Circuit on Wednesday that a trial court that certified a class of investors in a stock-drop suit wrongly failed to consider evidence that Allstate stock prices were not impacted by allegedly lax underwriting standards it had been accused of hiding.

  • September 18, 2019

    New Lyft Classification Suits Will Avoid Arbitration, Atty Says

    A lawyer for a putative class of Lyft Inc. drivers on Wednesday promised "new arguments" to help avoid being pushed into arbitration by the ride sharing giant a day after filing a suit claiming it misclassified drivers as independent contractors and shortchanged them on wages, expenses and overtime.

  • September 18, 2019

    Fate Of Uber Drivers' WARN Suit Up To Arbitrator: Judge

    A California federal judge ordered Uber and a former driver to let an arbitrator decide whether the driver qualifies as an employee protected under the Worker Adjustment and Retraining Notification Act, but left the possibility open that the law may override the ride-hailing giant’s arbitration pacts.

  • September 18, 2019

    Attys Snag $1M In Fees After $3.5M TCPA Deal With Checkers

    A Florida federal judge on Wednesday awarded class counsel more than $1 million in attorney fees for their work securing a $3.5 million settlement for a nationwide class of consumers who alleged fast-food restaurant chain Checkers kept sending advertising texts after they attempted to unsubscribe.

  • September 18, 2019

    Pa. Judge Questions 'Economics' Of Endo Antitrust Claims

    A Pennsylvania federal judge voiced doubt on Wednesday that antitrust claims by Endo Pharmaceuticals shareholders were suitable for a jury, saying the allegations of parallel price increases among the company and its competitors are contrary to economics.

  • September 18, 2019

    Judge OKs $3M Fee Bid In BNY Mellon Settlement

    A Massachusetts federal judge has approved a $3.33 million attorney fee for class counsel in a $10 million settlement with Bank of New York Mellon Corp. over alleged excessive charges, although it remained unclear whether the lead plaintiff's personal lawyer would get a cut.

  • September 18, 2019

    DC Judge Tells Gov't To Toe Line On Asylum Parole Order

    A D.C. federal judge said Wednesday that he's going to be much "less indulgent" with the government after having to order immigration officials in New Orleans for the second time to stop ignoring a government policy that allows detained asylum-seekers to be paroled.

  • September 18, 2019

    Texas Justices Told Class Arbitration Question Not For Courts

    A property management company accused homeowners of a bait and switch when they added class claims to an ongoing arbitration, and the homeowners accused the company of forum shopping as they dueled before the Texas Supreme Court on Wednesday over whether the courts or an arbitrator could decide their dispute.

  • September 18, 2019

    Retina Drug Co. Can’t End Claims It Misled Investors

    Biopharmaceutical company Ophthotech Corp. must face some, but not all, claims that it misled investors regarding clinical trial phases for a macular degeneration drug, a New York federal judge ruled Wednesday.

  • September 18, 2019

    9th Circ. Slams Samsung's 'Inaptly Titled' Arbitration Notices

    The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.

  • September 18, 2019

    Attys Seek $5M Award In AbbVie $16.7M Inversion Settlement

    An Illinois federal judge has been asked to approve a $5 million payday for attorneys who negotiated a $16.75 million settlement of investors' claims that pharmaceutical company AbbVie hid the risks of its failed $54 billion merger with Shire PLC.

  • September 18, 2019

    Opioid 'Negotiation Class' Justifies DQ Bid, Distributors Say

    Drug distributors and pharmacies continued to press their surprise effort to disqualify the judge overseeing the opioid multidistrict litigation, saying his recent approval of a novel negotiation class merits their last-minute play.

  • September 18, 2019

    New Evidence Can't Save Bond Price-Fixing Suit, Banks Say

    The banks that were bounced from a bond price-fixing lawsuit this month said Tuesday that new evidence the investors gleaned from a settlement with Deutsche Bank does not save the investors' amended claims against them.

  • September 18, 2019

    Bausch & Lomb Inks $10M Deal In Contact Lens Price-Fix Suit

    Contact lens maker Bausch & Lomb has agreed to pay $10 million to exit multidistrict litigation brought by a class of consumers accusing the company of conspiring with others to fix the prices for contacts.

  • September 18, 2019

    Plaintiffs In Tire Plant Suit Sanctioned For Discovery Failures

    An Oklahoma federal judge said a group of property owners and their lawyers who lodged a chemical contamination suit against Michelin North America and B.F. Goodrich Company have “ignored” discovery duties and will be sanctioned.

  • September 18, 2019

    AARP Backs US Bank Retirees In High Court ERISA Battle

    AARP on Wednesday told the U.S. Supreme Court that an Eighth Circuit decision limiting when workers can sue pension plans for Employee Retirement Income Security Act violations would let the people in charge of such plans "gamble away plan assets with impunity," joining two U.S. Bank retirees attempting to overturn the ruling.

  • September 18, 2019

    Travelers Hit With Class Action Alleging Hidden Depreciation

    A South Carolina homeowner filed a proposed class action Tuesday against two Travelers units over the insurer's practice of depreciating labor costs when calculating payments for property damage claims without providing policyholders paperwork authorizing the practice.

  • September 18, 2019

    Rosen, Pomerantz, 2 Others Seek Lead In Fintech Investor Suit

    Four firms fought for the role of lead counsel in New York federal court Tuesday in a proposed securities class action that claims financial technology company Ideanomics Inc. hid infrastructure costs that hurt its financial performance from investors.

  • September 18, 2019

    FedEx Brass Downplayed Cyberattack, Shed Stock, Suit Says

    A shareholder derivative suit filed Wednesday in Delaware federal court claims that FedEx Corp. misled investors by downplaying the impact of the massive 2017 cyberattack known as "NotPetya" on its European subsidiary while executives shed company stock.

  • September 17, 2019

    Cannabis Greenhouse Co. Exec. Hid Old Violations: Investors

    The founder and executives of a bankrupt Colorado marijuana greenhouse lessor and its parent company, Two Rivers Water & Farming Co., hid from investors that the founder had previously violated securities laws and lost his securities license, according to an investor class action filed in Colorado federal court.

  • September 17, 2019

    Apple Buyers Win Class Cert. Over Refurbished iPhone Parts

    A California federal judge on Tuesday granted class certification to Apple customers who accuse the tech giant of improperly replacing their broken iPhones and iPads with refurbished parts under a misleading warranty, denying the company's attempt to secure an early win.

  • September 17, 2019

    Purdue Says 'Lives, Dollars' At Stake In Bankruptcy Case

    Besieged opioid maker Purdue Pharma LP made its first appearance in New York bankruptcy court Tuesday, winning approval to pay almost $2 million to key employees and up to $1.5 million in monthly legal fees, while touting its proposed settlement of opioid litigation as a benefit to America. 

  • September 17, 2019

    House To Vote On Limits To Mandatory Arbitration Clauses

    The U.S. House of Representatives is set to vote this week on a proposal to block companies from making workers, consumers and others sign away their right to sue, targeting the mandatory arbitration agreements that businesses have increasingly used to limit their legal exposure.

Expert Analysis

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • ERISA Arbitration In The Wake Of 9th Circ. Schwab Ruling

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    Employee retirement plan sponsors considering the use of arbitration clauses with class action waivers in plan documents following the Ninth Circuit’s ruling in Dorman v. Charles Schwab should first consider the pros and cons of arbitration in the Employee Retirement Income Security Act context, says Chris Meyer at Sidley Austin.

  • Yale Case Reminds Employers Of Key Wellness Program Risk

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    As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.

  • 9th Circ. Ruling Highlights Evolution Of Calif. Arbitration Law

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    Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • 11th Circ. Ruling May Mark Turning Point For TCPA Litigation

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    The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Mutual Funds Should Stay Out Of Shareholder Litigation

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    A forthcoming article in the University of Chicago Law Review argues that mutual funds should participate more aggressively in shareholder litigation to enhance fund returns, but ignores several practical realities, including that the opportunity costs of pursuing litigation are not always in the best interest of fund shareholders, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • How Railroads Dodged A Bullet In Fuel Surcharge Case

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    The D.C. Circuit recently affirmed the denial of class certification in a case against the four largest U.S. railroads for conspiring to set fuel surcharges, diminishing shippers' time to bring individual antitrust claims, says Sandra Brown of Thompson Hine.

  • Federal Food Label Class Actions Face Growing Headwinds

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    Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.

  • Key Questions The Oklahoma Opioid Verdict Didn't Answer

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    Oklahoma Judge Thad Balkman's landmark verdict against Johnson & Johnson for its role in promoting opioids did not address certain key issues raised by the defendants, including federal preemption, and blurred the distinction between a damage award and an abatement order, says Richard Ausness of the University of Kentucky College of Law.

  • Opinion

    Minor Leaguers' Class Cert. Win Won't Help Baseball Pay

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    A class of approximately 6,000 Minor League Baseball players was recently certified by the Ninth Circuit in a minimum wage case, which is a major victory for the players, but a glimmer in the otherwise dismal labor history and future of Minor League Baseball, says Ronald Katz at GCA Law.

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