Class Action

  • August 12, 2020

    Exxon Wants Shareholder's Climate Change Suit Dismissed

    Exxon Mobil Corp. and some of its executives are asking a Texas federal judge to dismiss a consolidated derivative shareholder suit alleging the company misrepresented climate change-related business projections, arguing that its board already looked into the allegations and concluded they were "entirely without merit."

  • August 12, 2020

    Whole Foods 'Twists Facts' On BLM Mask Ban, Workers Say

    Whole Foods Market Inc. "twists facts" by arguing its refusal to let employees wear Black Lives Matter masks is simply a matter of dress code policy and not illegal discrimination, workers suing the grocery chain said Tuesday in a filing in Massachusetts federal court.

  • August 11, 2020

    German Car Cos. Say Buyers' Conspiracy Claims Still Doomed

    German auto giants have asked a California federal judge to snuff out multidistrict litigation alleging they ran a decadelong "no arms race" conspiracy to tightly control vehicle specifications, saying the plaintiffs still haven't spelled out any U.S. antitrust law violations despite retooling their claims.

  • August 11, 2020

    Another CBD Buyer Class Action Awaits Pending FDA Rule

    A Massachusetts federal judge paused a proposed class action over the potency of CBD supplement products Tuesday, following three other federal courts in saying the suit can wait until the U.S. Food and Drug Administration releases long-awaited rules regulating the popular hemp-derived compound.

  • August 11, 2020

    Albertsons Wants To Trim COVID-19 Price-Gouging Suit

    Grocery chain Albertsons urged a California federal judge on Monday to toss a negligence claim in a class action accusing it of exploiting consumers amid the coronavirus pandemic by drastically increasing prices for high-demand items such as toilet paper and medical supplies, saying the claim doesn't allege a statutory violation.

  • August 11, 2020

    Profs Tell 2nd Circ. To Save Non-AmEx Retailers' Steering Suit

    A group of antitrust law professors are backing retailers at the Second Circuit that are looking to revive claims that ​​​​American Express' anti-steering rules have increased the costs they incur when accepting other credit cards.

  • August 11, 2020

    Spectrum Brands Agrees To $39M Stock-Drop Settlement

    Investors in household products company Spectrum Brands Holdings have asked a Wisconsin federal judge to approve a $39 million settlement deal that would end claims that the company misled shareholders about the progress of its efforts to consolidate its facilities.

  • August 11, 2020

    Indiana Univ. Aims To Escape COVID-19 Refund Suit In NJ

    Manchester University, a small liberal arts school in Indiana, called on a New Jersey federal court Tuesday to end a graduate's proposed class action over the cancellation of in-person classes in spring 2020 because of COVID-19, saying the school has no relevant ties to the Garden State.

  • August 11, 2020

    Intuit Can Force TurboTax Row Into Arbitration, 9th Circ. Says

    TurboTax users agreed to arbitration when they signed up for the tax preparation software and can't sue Intuit over allegations they were inappropriately steered away from the free version of the service, the Ninth Circuit said Tuesday.

  • August 11, 2020

    Pot Co. Can't Stop TCPA Suit For High Court Autodialer Ruling

    A California federal judge refused to stop a Telephone Consumer Protection Act suit against a cannabis marketing company to wait for the U.S. Supreme Court to rule on a similar case, saying Tuesday she can't determine whether the cases truly overlap.

  • August 11, 2020

    Zoom Deceived Users About Privacy Protections, Suit Claims

    Advocacy group Consumer Watchdog has hit Zoom Video Communications Inc. with a lawsuit in D.C. Superior Court, claiming the company falsely promised it was using end-to-end encryption to protect its users' communications in an effort to boost its brand amid the COVID-19 pandemic.

  • August 11, 2020

    Drugmakers Say Resellers Trying To Duck Bellwether Status

    A class of indirect resellers accusing a group of generic-drug makers of a price-fixing conspiracy don't want their cases to proceed to trial first in multidistrict litigation, the drugmakers told a Pennsylvania federal court in a Monday filing.

  • August 11, 2020

    Consultant Says Fla. Firm Underpaid For Google Class Action

    A legal consultant who worked on a $22 million advertiser class action against Google Inc. has filed suit alleging that the attorneys who handled the case cheated him out of hundreds of thousands of dollars he was owed for his work on the case.

  • August 11, 2020

    Tesla Directors Still Back SolarCity Deal Despite Settlement

    Despite agreeing to settle a Tesla stockholder merger challenge for $60 million, six directors named in a Delaware Chancery Court suit say they still plan to testify in support of the company's allegedly conflicted, $2.6 billion acquisition of SolarCity if the trial against Elon Musk goes ahead.

  • August 11, 2020

    ICE Is Violating COVID-19 Safety Court Order, Detainees Say

    U.S. Immigration and Customs Enforcement is violating a preliminary injunction at its Adelanto, California, detention center by transferring in detainees from centers with known COVID-19 outbreaks and failing to test detainees with symptoms, a proposed class of detainees argued Monday.

  • August 11, 2020

    Supreme Court Won't Halt NCAA Education Benefits Ruling

    The U.S. Supreme Court on Tuesday refused the NCAA's request to stay a ruling striking down the organization's limits on what education-related benefits schools can provide to athletes.

  • August 11, 2020

    Air Ambulance Co. Beats Paramedic OT Suit

    A Missouri federal judge has thrown out a proposed class action brought by a former flight paramedic who claimed Air Evac EMS Inc. shorted him on overtime, saying he was covered by a $2.95 million settlement in Kentucky.

  • August 11, 2020

    Carnival Wants All COVID-19 Investor Suits Under One Roof

    Carnival Corp. has urged a Florida federal judge to consolidate a proposed investor class action alleging that the cruise company hid COVID-19 infections on its ships with other suits making similar claims, saying they all deal with the same set of facts concerning Carnival's response to the pandemic.

  • August 11, 2020

    Fed. Circ. Asks Amazon, Customers To Answer Rehearing Bid

    The Federal Circuit on Tuesday asked Amazon and customers including BuzzFeed and Dictionary.com to respond to allegations that a June panel ruling in their favor was a "radical reconfiguration" of preclusion law.

  • August 11, 2020

    Fla. Mobile Home Park's Owners Beat RICO Suit

    A federal judge has ruled that mobile home owners cannot pursue a proposed class action accusing the owners of a Florida mobile home park of engaging in a racketeering scheme to dupe individual homeowners and buyers into accepting more expensive land rental terms.

  • August 11, 2020

    Dual Set Of Claims Dooms CareFirst Data Breach Appeal

    The D.C. Circuit tossed an appeal from a CareFirst Inc. policyholders' proposed class action over a 2014 data breach Tuesday, holding that it has no jurisdiction over the class representatives' claims as they are still pending in the district court.

  • August 11, 2020

    REI Pushed Ineffective Hand Sanitizer Amid Virus, Suit Says

    Outdoor gear retailer Recreational Equipment Inc. and a Massachusetts hand sanitizer company sought to capitalize on the COVID-19 pandemic by falsely marketing an alcohol-free product as a "proven alternative to alcohol sanitizers," according to a putative class action filed in federal court Tuesday.

  • August 11, 2020

    Ill. Cafe Workers Want $1M In Atty Fees From Privacy Deal

    A class of Illinois cafe chain employees who've settled biometric privacy claims against their employer asked a federal judge Monday to award their lawyers more than $1 million in fees and costs from their revised $3.2 million deal.

  • August 11, 2020

    Missouri CBD Co. Is The Latest Hit With TCPA Suit Over Texts

    A Missouri-based CBD company has been hit with a proposed Telephone Consumer Protection Act class action in Vermont federal court accusing the company of sending unsolicited text messages, the latest in a string of similar suits against cannabis-related companies.

  • August 11, 2020

    Boeing Rips Southwest Flight Attendants' 737 Max Safety Suit

    Boeing told an Illinois federal judge that Southwest Airlines flight attendants suing to recover lost wages from the 737 Max's global grounding have made far-fetched claims that Boeing overhyped the jets' safety and locked Southwest, one of its most loyal airline customers, into rigid contracts.

Expert Analysis

  • Numerosity Analysis Fix Can Improve Class Cert. Decisions

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    Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

  • College Refund Class Actions Face Damages Hurdles

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    Two common methods to calculate damages in consumer class actions — hedonic regression and conjoint analysis — will be difficult for plaintiffs experts to apply in cases seeking tuition refunds after schools moved in-person classes online because of COVID-19, say Jon Tomlin and Hassan Faghani at Ankura Consulting.

  • And Now A Word From The Panel: MDL Distancing

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    In light of the Judicial Panel on Multidistrict Litigation's conducting socially distanced sessions during the COVID-19 pandemic, it is instructive to consider other types of "distancing," including the panel's selection of trial venues, and its stance on personal jurisdiction in MDL proceedings, says Alan Rothman at Sidley.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • 2nd Circ. Slack-Fill Ruling Makes Injunctive Relief Harder

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    With its recent decision in Berni v. Barilla, the Second Circuit threw up new obstacles for consumer class actions seeking prospective injunctive relief, and created a split with the Ninth Circuit that will have repercussions for some time to come, say attorneys at Hunton.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Telehealth Providers Should Beware ADA Litigation

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    Health providers making the transition to remote care should furnish communication aid and necessary accommodation for individuals with disabilities, or else plaintiffs may assert claims under the Americans with Disabilities Act, say Frank Morris and Shira Blank at Epstein Becker.

  • Opinion

    ALI Consumer Contract Restatement Is Biased Advocacy

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    A recent restatement of law from the American Law Institute attempts to create out of whole cloth a separate area of contract law for consumer agreements, and is the latest example of the organization’s shift toward advocating for policy agendas, says Sherman Joyce at the American Tort Reform Association.

  • Del. Stock Swap Ruling Signals Shift On Biz Judgment Review

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    The Delaware Chancery Court's recent refusal to dismiss stockholder claims in Dell Technologies could portend a more restrictive approach in applying business judgment review of challenged transactions under standards set forth in its previous rulings, say attorneys at Fried Frank.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • Pay-For-Delay May Need More Evidence After 3rd Circ. Ruling

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    The Third Circuit recently denied class certification for direct purchasers in In re: Lamictal, highlighting that average drug prices may not be sufficiently specific evidence to prove pay-for-delay, and may be misleading in cases with individual price negotiations, discounting and strategic pricing, say George Korenko and Tram Nguyen at Edgeworth Economics.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • Opinion

    High Court Must Right FCC's Failure To Define Autodialers

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    The Federal Communications Commission has abdicated its role by failing to meaningfully define autodialers under the Telephone Consumer Protection Act, and now the U.S. Supreme Court must step up as the final arbiter of the issue in Facebook v. Duguid, say attorneys at Eversheds Sutherland.

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