Class Action

  • July 16, 2019

    8th Circ. Says $1.6B In Robocall Damages Rightly Cut To $32M

    The Eighth Circuit on Tuesday refused to put marketing company ccAdvertising on the hook for more than $1.6 billion in statutory damages for making millions of illegal robocalls in violation of the Telephone Consumer Protection Act, finding that the lower court was right to reduce the "shockingly large" sum to $32.4 million. 

  • July 16, 2019

    Workers Sue Yale Over Wellness Program's Fines

    A trio of Yale University workers sued the school in Connecticut federal court Tuesday over its employee wellness program’s $1,300 per year fine for nonparticipants, saying the penalty places the program in violation of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

  • July 16, 2019

    Centra Tech Slams Investors For 'Backpedaling' In ICO Suit

    Centra Tech challenged investors claiming that an arbitration agreement never existed, telling a Florida federal court Monday that investors were backpedaling in their suit accusing the now-defunct cryptocurrency company of fraudulently raising $32 million in its initial coin offering.

  • July 16, 2019

    Retired Justice John Paul Stevens, Hero To Left, Dead At 99

    Retired Justice John Paul Stevens, a World War II veteran who became a liberal icon during his more than three decades on the U.S. Supreme Court, died Tuesday at 99, the Supreme Court said.

  • July 16, 2019

    Kraft, SuperValu Can't Fully Escape Parmesan Cheese MDL

    Kraft Heinz Co. and SuperValu Inc. still have to face some claims in a multidistrict litigation alleging the companies put too much cellulose into grated cheese as filler after an Illinois federal judge dismissed most of the allegations made in the case on Tuesday.

  • July 16, 2019

    Wells Fargo Denies Auto Loans To DACA Residents, Suit Says

    An Illinois man hit Wells Fargo Bank NA with a proposed discrimination class action in California federal court Tuesday, claiming the bank denies auto loan applications from U.S. residents who hold Deferred Action for Childhood Arrivals status simply based on their immigration status.

  • July 16, 2019

    Class Set In Aruba Airline 'Exit Fee' Suit Despite Obstacles

    A Florida man won class certification Tuesday in his lawsuit accusing Dutch Caribbean airline Insel Air of charging passengers illegal, mandatory exit fees before boarding flights from Miami International Airport, although a federal judge noted the bankrupt airline's lack of participation in the case presents obstacles.

  • July 16, 2019

    No New Judge For IPhone Users In App Store Case

    The Ninth Circuit on Tuesday refused to reassign a proposed class action from consumers alleging Apple Inc. monopolizes the App Store market as the case returns from a trip to the U.S. Supreme Court.

  • July 16, 2019

    Chiquita Should Face Farmers' Pesticide Suit, Judge Says

    A Delaware magistrate judge recommended Tuesday that the federal court deny a bid by Chiquita Brands International Inc. affiliates to be freed from a suit alleging they and other companies exposed banana farm workers in Ecuador to harmful pesticides.

  • July 16, 2019

    USC Workers Seek OK For Massive Class In ERISA Suit

    A group of current and former University of Southern California workers who accuse the school of mismanaging their retirement savings urged a federal judge to certify a class of at least 40,000 members in a case USC unsuccessfully tried to have booted out of court and into individual arbitration. 

  • July 16, 2019

    FCC Asked To Rescind TCPA Waiver In $925M Robocall Suit

    Health supplement maker ViSalus wasn’t confused about the Federal Communications Commission’s rules when it bombarded would-be customers with millions of illegal robocalls, and it shouldn’t get a retroactive waiver for its actions, the lead plaintiff in a robocall suit against the company said this week.

  • July 16, 2019

    Toll Operators Seek Quick Exit From Drivers' Privacy Suit

    Orange County, California, toll operators told a federal judge they didn’t flout state privacy regulations to collect unpaid tolls and assess fines, defending their bid to dismantle a certified class action claiming they’ve misused drivers’ personal information.

  • July 16, 2019

    Pa. Atty Appointed To Oversee Handling Of NFL Fraud Probe

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Monday appointed a Philadelphia-based criminal defense attorney to serve as a new special master to protect the rights of participants in an investigation launched in December into potential fraudulent settlement claims.

  • July 16, 2019

    Florida DOE Accused Of Shorting Teachers On Bonuses

    A teacher hit Florida's Department of Education with a proposed class action Tuesday claiming the agency violated state law by skimping on bonuses owed to high-performing educators. 

  • July 16, 2019

    Snapchat Investors Slam Bids To Block Cert. In IPO Suit

    Investors alleging Snapchat parent Snap Inc. misrepresented user growth and engagement in documents related to its initial public offering told a California federal judge Monday that letting state-court plaintiffs intervene and split claims from the federal case would undermine the very reasons class actions exist.

  • July 16, 2019

    4th Circ. Tosses Uber Driver's Challenge To $1.3M FLSA Deal

    The Fourth Circuit on Tuesday tossed a driver's challenge to a $1.3 million misclassification collective action settlement with Uber, saying his claims that class counsel colluded with the ride-share giant to ram the deal through before anyone could object were baseless.

  • July 16, 2019

    Exchanges Lose Bid To Appeal Survival Of 'Flash Boys' Suit

    A New York federal judge said Tuesday that a group of major U.S. stock exchanges cannot ask the Second Circuit to weigh in on litigation inspired by the high-frequency trading exposé “Flash Boys” until his court is finished with the case.

  • July 16, 2019

    Loestrin Buyers Seek Approval Of $1M Lupin Deal

    Loestrin end payors on Monday moved for preliminary approval of their $1 million settlement with Lupin Pharmaceuticals to resolve their portion of litigation accusing the company of working with another pharmaceutical duo to sideline generic alternatives to the widely used birth control drug.

  • July 16, 2019

    7 Automakers Sued Over Alleged Air Bag Defect In 12M Cars

    Seven automakers, including Kia and Hyundai, and an air bag systems supplier knew for years about a defect in the air bag deployment systems of more than 12 million cars but failed to warn customers of the danger, a group of car owners allege in a California federal lawsuit.

  • July 16, 2019

    Investors Fight MoviePass Owner's Bid To Nix Stock-Drop Suit

    Investors in the parent company of the currently nonoperational MoviePass app said Monday that their claims of misrepresentations about the cinema subscription service's viability are too detailed to be dismissed.

  • July 16, 2019

    MIT Defends Management Of 401(k) Plan In ERISA Suit

    The Massachusetts Institute of Technology has asked a Massachusetts federal judge to toss an Employee Retirement Income Security Act class action accusing the school of mismanaging its retirement plan, saying the "undisputed record" demonstrated the school had acted reasonably when making decisions about the plan.

  • July 16, 2019

    Homebuilders Have Claims Sanded Down In Price-Fixing MDL

    Six homebuilders had their claims for damages trimmed in a Pennsylvania-based multidistrict litigation over allegedly inflated drywall prices after a federal judge found Monday that they lacked standing to seek damages for purchases made by subsidiaries that did not have claims assigned to them.

  • 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.

Expert Analysis

  • 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.

  • 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.

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