Class Action

  • September 13, 2019

    Lyft Rips Driver's Ploy To Dodge Arbitration In FLSA Suit

    Lyft Inc. moved to shut down a California driver's proposed class claims the ride-hailing company flouted state labor laws and the Fair Labor Standards Act, saying his lawyers are pulling "wrongheaded" moves to get around arbitration.

  • September 13, 2019

    UFC, Fighters Trade Blows Ahead Of Class Cert. Decision

    The Ultimate Fighting Championship and fighters suing it over an anti-competitive “scheme” that allegedly keeps their earnings low have just traded some of the most important blows in the potentially multibillion-dollar case, with each side trying to knock out the other’s experts ahead of a class certification decision.

  • September 13, 2019

    Egg Producer Fights 3rd Circ. Appeal After Antitrust Verdict

    The nation's second-largest egg producer urged the Third Circuit on Thursday not to overturn a jury verdict that cleared it of antitrust violations so that egg buyers could apply a stricter standard.

  • September 13, 2019

    Coffee Co. Can't Pick Apart Its $25M False Ad Settlement

    An Illinois federal judge has denied objections by Sturm Foods to how proceeds will be divided from the $25 million it agreed to pay to settle class claims it falsely marketed single-serve coffee pods and told the parties to submit a proposed deal by month's end.

  • September 13, 2019

    Robbins Geller Snags Lead In Suit Over Anheuser-Busch Debt

    Robbins Geller Rudman & Dowd LLP nabbed the role of lead counsel in New York federal court Thursday in a proposed class action accusing Anheuser-Busch of deceiving investors about the beer giant's ability to reduce its "mammoth debt level."

  • September 13, 2019

    Pret A Manger Looks To End $5M Suit Over 'Natural' Label

    Pret A Manger has again asked a New York federal court to toss a $5 million proposed class action that claims the sandwich chain's "natural" label is misleading because its products contain GMOs, saying its customers know that no processed food is completely free of synthetic ingredients.

  • September 13, 2019

    Ex-AT&T Worker Can't Proceed Collectively In Age Bias Suit

    A laid-off AT&T employee can't include other colleagues in her lawsuit claiming the telecommunications giant discriminated against older workers by having them sign an invalid release of claims, a Pennsylvania federal judge has ruled, saying she missed her chance to pursue a collective action.

  • September 13, 2019

    Traders Ask 2nd Circ. To Revisit Energy Co. Antitrust Suit

    Derivatives traders that accused BP PLC and other energy companies of manipulating overseas oil prices asked the Second Circuit to revisit its decision to throw out their claims, arguing that the court made a factual mistake and that the Commodity Exchange Act allegations were wrongly dismissed.

  • September 13, 2019

    Lowey Dannenberg, Scott & Scott To Lead Spoofing Suit

    A New York federal judge on Friday appointed Lowey Dannenberg PC and Scott & Scott Attorneys at Law LLP to lead a consolidated shareholder lawsuit alleging banks including Bank of America Corp. engaged in spoofing in an effort to manipulate precious metals futures.

  • September 13, 2019

    Zappos Data Breach Deal Would Net Shoppers 10% Discount

    A group of Zappos.com customers suing the retailer over a 2012 data breach that affected 24 million shoppers has asked a Nevada federal judge to sign off on a deal that would require Zappos to provide those affected by the incident with a 10% discount on their next order. 

  • September 13, 2019

    Google Slams Worker's 'Unmanageable' PAGA Suit

    Google urged a California judge Friday to pause discovery in an employee’s lawsuit alleging it recruits diverse candidates by misrepresenting the jobs they will perform, arguing discovery will be "inherently unmanageable" if his Private Attorneys General Act claims aren’t narrowed first.

  • September 13, 2019

    Dynamex Drivers Get Cert. In Mass. Misclassification Row

    A driver who delivered packages for Google through a complex scheme run by Dynamex won certification of his employment misclassification class action against the courier service Friday in Massachusetts federal court, but couldn’t notch a quick win under a worker status test like the one California just passed.

  • September 13, 2019

    Google Balks As Judge Mulls Calif. Privacy Law For Outsiders

    Google LLC urged a California judge Friday to throw out claims by out-of-state plaintiffs that the tech giant’s alleged practice of scanning non-Gmail users’ emails for advertising purposes violates the California Invasion of Privacy Act, a request that came after the judge tentatively ruled the claims can proceed.

  • September 13, 2019

    DOJ Asks To Argue In Health Cos.' Syringe Price-Fix Appeal

    The U.S. Department of Justice has asked the Seventh Circuit for permission to participate in oral arguments later this month in support of three health care providers, which seek to reinstate a proposed class suit accusing medical supplier Becton Dickinson & Co. and others of conspiring to inflate syringe and catheter prices.

  • September 13, 2019

    Immigrants Strike Cert. Deal In USCIS Juvenile Policy Suit

    The government and a group of young immigrants have agreed to a class certification order in a New Jersey federal action challenging a U.S. Citizenship and Immigration Services policy that immigrants cannot obtain special protections based on family-court findings issued when they were between 18 and 21, according to a filing Friday.

  • September 13, 2019

    AbbVie Investors Ask To Drop Ill. Humira Kickback Suit

    AbbVie Inc. shareholders have asked an Illinois federal court to dismiss their lawsuit claiming the pharmaceutical giant misled them over a stock buyback program and an alleged kickback scheme involving the popular drug Humira.

  • September 13, 2019

    Racketeering Claim Axed In $9M Hospital Overbilling Suit

    A proposed class of health care facilities has failed to show that alleged racketeering by a Pennsylvania hospital caused them to lose out on $9 million in funding for services to low-income patients, a federal judge has ruled in axing the claims.

  • September 13, 2019

    Centra Tech Can't Dodge Default Or Arbitrate Investor Suit

    A Florida federal judge said Thursday that shuttered cryptocurrency platform Centra Tech Inc. will not be able to arbitrate or set aside a default judgment in a securities suit over its allegedly fraudulent initial coin offering.

  • September 13, 2019

    Leasing Co. Inks $8.7M Deal In TCPA Suit Over Intrusive Texts

    A California federal judge put his stamp of approval on an $8.7 million deal resolving a Telephone Consumer Protection Act class action that alleged a coding error in smartphone financing company Smartpay Leasing's platform prevented customers from opting out of receiving promotional text messages.

  • September 13, 2019

    Liberty Mutual Defeats Pharmacy's Painkiller Cream Suit

    A mail-order pharmacy can't sue Liberty Mutual Insurance Co. for its failure to cover topical pain-relief creams as an alternative to more abuse-prone opioid pills because the dispute belongs before the Pennsylvania Bureau of Workers' Compensation, a Pennsylvania federal judge has ruled.

  • September 13, 2019

    Endo Says Drop Direct Buyers' Cert. Bid In Pay For Delay Row

    Endo Pharmaceuticals has urged an Illinois federal judge to toss a class certification bid by direct buyers of medication in multidistrict litigation who claim they overpaid for the painkiller Opana ER, saying the proposed class is too small to be certified.

  • September 13, 2019

    Meet The Attys Leading The Opioid MDL 'Negotiation Class'

    A team of six top attorneys will now be representing a novel “negotiation class" on behalf of cities and counties in the opioid multidistrict litigation with the hopes of hammering out a global settlement with opioid manufacturers and distributors accused of fueling the devastating epidemic. Here are the six negotiators and some of their biggest cases and notable achievements.

  • September 13, 2019

    Denial Of Autism Care Coverage Violates ERISA, Parents Say

    A union medical plan's refusal to cover applied behavioral analysis to treat autism spectrum disorder is at odds with the plan's terms as well as federal benefits law, the parents behind a class action told a Seattle federal judge.

  • September 13, 2019

    Amazon Driver Gets Green Light To Appeal Arbitration Order

    An Amazon delivery driver can pursue a fast-tracked appeal of an arbitration order in her suit alleging the e-commerce titan shorted her wages, meals and rest periods, a California federal judge said Thursday, adding that the Ninth Circuit should address whether a Federal Arbitration Act exemption covers the driver.

  • September 13, 2019

    Goldman Directors Say Fund Can't Tie Them To 1MDB Fraud

    Current and former directors of Goldman Sachs on Thursday said an amended shareholder derivative suit filed over the bank's involvement in the billion-dollar 1Malaysia Development Berhad fraud scandal is no better than its predecessor.

Expert Analysis

  • 4 Cybersecurity Cases That Are Shaping Phishing Defense

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    The cybersecurity sector has seen fraud rates skyrocket from phishing attacks, and several industries have found themselves at the center of four new precedents over the past year that can guide legal professionals in helping their clients stay up to date on their cybersecurity liabilities and obligations, says Ranjeet Vidwans of Clearedin.

  • Litigation, Regulation Heating Up For E-Cig Manufacturers

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    As manufacturers of electronic nicotine delivery systems confront the U.S. Food and Drug Administration's product review process and a wave of litigation from the plaintiffs bar, they will likely face an uphill battle to establish that the marketing of their products does not pose serious health risks to young people, say Kenneth Murphy and Christian Piccolo of Drinker Biddle.

  • Opinion

    Limits Of Justice System Prevent Scrutiny Of Gender Bias

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    A Jane Doe plaintiff’s recent decision to no longer remain a named plaintiff in a sex discrimination class action against Jones Day, in order to avoid risks of disclosing her identity, speaks volumes about the structural challenges that allow discrimination to persist in some of our country’s most powerful business sectors, says Joseph Abboud at Katz Marshall.

  • Fortnite Suit Highlights Game Cos.' Need For Privacy Vigilance

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    A recent federal data privacy class action against Epic Games, the maker of Fortnite, reveals types of cyberattacks that are particularly damaging to the game industry and shows the need for ensuring that privacy programs and incident response guides reflect the unique challenges of this growing industry, say attorneys at Carlton Fields.

  • Cryptocurrency Presents Puzzle For Unclaimed Property Laws

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    New York recently joined the growing ranks of states proposing to allow escheatment of cryptocurrency assets under state unclaimed property laws, introducing unique challenges for industry participants and unclaimed property administrators, say attorneys at Greenberg Traurig.

  • How Surveys Can Affirm Materiality In Consumer Cases

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    Examples from an ongoing false advertising case, J-B Weld v. Gorilla Glue, illustrate the importance of using surveys to establish whether consumers' perceptions actually made a difference in their purchase decisions in order to determine impact, injury and commonality, say economics consultants at Analysis Group.

  • Biometric Privacy Suits After Facebook Face-Scan Class Cert.

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    The Ninth Circuit’s decision in favor of class certification in Patel v. Facebook takes an expansive view of Article III standing and extraterritoriality under the Illinois Biometric Information Privacy Act, and it could lead to even more aggressive filings of BIPA class actions in both the consumer and employment contexts, say Gregory Abrams and Lauren Steinhaeuser at FaegreBD.

  • NLRB Ruling Clarifies Class Waivers For Employers

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    The National Labor Relations Board’s recent Cordua Restaurants opinion is good news for employers wishing to implement class action waivers in response to employee class claims. However, the decision appears to be limited to the particular facts of the case, say attorneys at Sheppard Mullin.

  • Awaiting Answers On A Post-Bristol-Myers Class Question

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    Appellate courts will soon have an opportunity to weigh in on whether the U.S. Supreme Court's 2017 personal jurisdiction opinion in Bristol-Myers applies to unnamed class members. Consensus on the issue will establish greater predictability for defendants on where they might be called to face class litigation, say attorneys at Skadden.

  • Crafting Motions To Seal After 3rd Circ. Avandia Decision

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    In light of the Third Circuit’s recent precedent-setting decision in the Avandia marketing case, litigants should take four practical steps to avoid being surprised by disclosure of confidential information, say Andrew Erdlen and Jon Cochran of Hangley Aronchick.

  • 'Reasonable' Security Will Be Key In Calif. Data Breach Cases

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    As demonstrated by the class action lawsuit against Capital One for violations of the California Civil Code's “reasonable" security data protection rule — and in light of the upcoming California Consumer Privacy Act — implementing reasonable security measures is of utmost importance to businesses that want to minimize data breach liability, says Russ Fink of Quinn Emanuel.

  • Class Certification Insights From McCormick Slack-Fill Suit

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    A D.C. federal court's recent class certification order in the McCormick marketing and sales practices litigation was largely a win for the defendant. However, it also contained victories for the plaintiffs and some important lessons for those who wish to steer clear of slack-fill class action peril, says Shawn Gebhardt at Ulmer & Berne.

  • 10 ERISA Fiduciary Lessons From 'Game Of Thrones'

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    Many recent Employee Retirement Income Security Act lawsuits alleging a breach of fiduciary duty could have been avoided, or their impact diminished, if plan sponsors had taken basic steps to minimize their fiduciary risks. Some of these measures can be gleaned from an unlikely source: "Game of Thrones," says Jeff Banish at Troutman Sanders.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Class Settlements And The Risks Of Viral Media Attention

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    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

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