Class Action

  • 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.

  • July 12, 2019

    Privacy And Cybersecurity Cases To Watch In 2nd Half Of 2019

    The fallout from U.S. Supreme Court rulings about how much weight to give regulatory decisions and what harm plaintiffs need to allege in privacy litigation will continue to inspire conflicting results in the second half of 2019 in the U.S., while a key data transfer case is on tap in Europe, experts told Law360. Here are the cases that privacy and cybersecurity attorneys said they will be watching in the next six months.

  • July 12, 2019

    Chancery Trims Suit Over $643M Xura Merger With Siris

    The Delaware Chancery court threw out part of an investor suit Friday that alleges Siris Capital Group aided software company Xura Inc.'s release of misleading proxy materials as part of a $643 million merger, finding that the allegations were lacking in the exact same ways as those in an earlier shareholder suit.

  • July 12, 2019

    Huntington Ingalls Workers Slam Move To Toss Benefits Suit

    A proposed class of Huntington Ingalls Industries Inc. retirees have gone to bat against their former employer's argument that their pension lawsuit doesn't hold up, telling a Virginia federal judge that the shipbuilding company contradicts itself in its bid to dismiss the litigation.

Expert Analysis

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • App Store Opinion Returns Antitrust Enforcement To Its Roots

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    In Apple v. Pepper, the U.S. Supreme Court recently reined in the decades-old "direct purchaser" rule for antitrust claims and reinforced the importance of private antitrust enforcement in the process. But the ruling did not go as far as it could have, says Lauren Weinstein at MoloLamken.

  • Latest Mastercard Ruling Is A Milestone For UK Class Actions

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    A London appeals court recently revived a £14 billion proposed class action against Mastercard for charging high credit card fees, which represents a fillip for consumers in the ultimate David vs. Goliath contest but is not a slingshot to success just yet, say attorneys at FaegreBD.

  • Tracking Developments In The Law Of Privilege

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    Three recent federal court cases offer insights on important attorney-client privilege issues: how the common interest doctrine protects disclosures to a third party, the right to compel work product based on “substantial need,” and the privilege questions raised by in-house counsel depositions, say attorneys at Paul Weiss.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • TCPA Presents Ongoing Compliance Challenges For Insurers

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    As major insurance companies are continually drawn into costly Telephone Consumer Protection Act class actions, there are several common TCPA issues that should be on every insurance company’s radar, say attorneys with Eversheds Sutherland.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • New Views On Statistical Significance Affect Expert Testimony

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    In light of recent criticism concerning the use of statistical significance in scientific inquiry and expert witness practice, researchers and legal practitioners should recognize statistical significance as just one factor among many that guide the analysis of scientific data and confidence in tested hypotheses, say attorneys at Alston & Bird.

  • Mass. Data Privacy Bill Poses Potential Class Action Risks

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    Massachusetts is considering a consumer data privacy bill with a private right of action that could become the broadest in the country, creating the potential for a surge of data privacy class actions in courts across the state, say attorneys with Pierce Atwood.

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

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    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Calif. Businesses Avoid Privacy Class Action Explosion

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    If the bill creating a broad private right of action under the California Consumer Privacy Act had passed, we would have seen a sweeping wave of class actions clog the California courts in January, claiming all manner of technical violations against businesses struggling to understand the law, say attorneys at Akin Gump.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

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