Class Action

  • September 12, 2019

    Alsup's Settlement Rules Survive 9th Circ. Scrutiny

    While the Ninth Circuit questioned the approach U.S. District Judge William Alsup took by issuing a standing order prohibiting Logitech Inc. and a consumer from entering settlement negotiations until after a decision on class certification, the appellate court kept the order intact Thursday, ruling that the judge neither made an error nor violated the First Amendment.

  • September 12, 2019

    11th Circ. Overturns Class Cert. In PIP Reimbursement Row

    The Eleventh Circuit on Thursday reversed an order certifying a class of health care providers and injured drivers in a suit accusing The Progressive Corp. of improperly invoking a cap on personal injury protection policy limits.

  • September 12, 2019

    $1.15M Compass Bank TCPA Deal Gets Final Nod

    An Alabama federal judge on Wednesday signed off on a $1.15 million settlement to resolve a putative class action accusing Compass Bank of flouting the Telephone Consumer Protection Act by blasting non-customers with unsolicited autodialed survey calls.

  • September 12, 2019

    Pradaxa User's $542K Jury Win Upheld, Despite 'Close Call'

    A Connecticut judge on Wednesday rejected Boehringer Ingelheim Pharmaceuticals' bid to escape its first loss in several bellwether trials over its blood thinner Pradaxa, saying that despite it being "a close call," there was sufficient evidence that additional warnings would have made a difference to a man who suffered internal bleeding on the drug.

  • September 12, 2019

    FTC Says Scammer In Belize Fraud Can't Tap Relief Fund

    An alleged mastermind of a Belize real estate scam can't fund his defense or travel expenses from money set aside for victims, the Federal Trade Commission told a Maryland federal court, saying he gets $3,000 a month from a frozen account and isn't looking for a job.

  • September 12, 2019

    200 Affected In Gold King Spill May Get To Jump Line In MDL

    Individual plaintiffs from New Mexico who have waited years to bring their damages claims against polluters in multidistrict litigation over Colorado's Gold King Mine spill may get their shot at a trial in August 2021, according to a recommendation filed Wednesday.

  • September 12, 2019

    3rd Circ. Offers Gig Workers Tool To Blunt Arbitration Pacts

    Gig economy workers who can prove they're engaged in interstate commerce have new leverage to argue they can pursue employment disputes in court, after the Third Circuit held that an arbitration exemption applies to drivers transporting passengers, not just goods.

  • September 12, 2019

    6th Circ. Axes Workers' Fiat Chrysler-UAW Collusion Suit

    The Sixth Circuit on Thursday ruled that Fiat Chrysler workers don't have a right to sue the company and the United Automobile Workers for colluding against their interests during collective bargaining, affirming a lower court's decision that the employees have not demonstrated any breach of their union contract.

  • September 12, 2019

    Taco Bell Late-Night Drive-Thru Violates Civil Rights, Suit Says

    Taco Bell is committing "systemic civil rights violations" against visually impaired people by offering late-night hours when only drive-thru windows remain open and refusing to serve pedestrians, consumers said in a proposed class action filed Thursday in California federal court.

  • September 12, 2019

    Feds Say Dozens Of Migrant Kids In Class Suit Still Separated

    The Trump administration still hasn't reunited more than two dozen migrant children who were separated from their parents in detention, more than a year after a California federal judge ordered the government to reunify the families and stop the practice, according to a joint status report.

  • September 12, 2019

    Gas Industry Drivers Get Partial Cert. In Pa. FLSA Case

    A Pittsburgh federal judge partly granted collective certification to a group of drilling-industry drivers for an Oakdale, Pennsylvania-based logistics company who claimed they were wrongfully classified as contractors and denied overtime, but declined to expand the class nationwide in her ruling Thursday.

  • September 12, 2019

    Class Cert. Scrubbed In Colgate ‘Natural’ False Ad Suit

    A New York federal judge on Thursday denied class certification to buyers of Colgate-Palmolive Co.'s deodorants and toothpastes, saying they failed to account for how differences in state law would affect their proposed nationwide class.

  • September 12, 2019

    Sick Child, Elderly Woman Fight For Expedited Roundup Trials

    The parents of a 13-year-old girl with non-Hodgkin lymphoma and an 87-year-old woman urged a California judge Thursday to expedite trials over their separate claims that Monsanto's popular Roundup weedkiller caused their cancers, with the girl's parents asking for a Jan. 15 trial date.

  • September 12, 2019

    Attys Push For $63M Fee Award In Alibaba Stock-Drop Suit

    Attorneys who secured a tentative $250 million from Alibaba Group Holding Ltd. to resolve investors’ allegations that it failed to disclose regulatory scrutiny ahead of a $25 billion initial public offering asked a New York federal court Wednesday for $62.5 million in fees.

  • September 12, 2019

    Deutsche Bank's $15M Deal Is 1st In Bond Price-Fixing Suit

    Investors alleging major banks conspired to fix prices for bonds issued by Fannie Mae and other government-sponsored enterprises told a New York federal court that they have their first settlement, unveiling a $15 million deal with Deutsche Bank that includes compliance and cooperation provisions.

  • September 12, 2019

    Tire Cos. Say DOJ Docs Are Off-Limits In Antitrust Row

    Bridgestone Corp. and several other major tire companies have told a Michigan federal court that they should not have to release documents tied to a U.S. Department of Justice antitrust probe of the industry until questions about the purchaser plaintiffs are resolved.

  • September 12, 2019

    Users Target Capital One Cards With Madden-Tied Usury Suit

    New Yorkers who've had to pay interest on their Capital One credit cards hit two companies tied to the bank with an amended putative class action on Wednesday, accusing them of breaking the state's usury laws.

  • September 12, 2019

    One Insurer Settles With NFL In Concussion Coverage Dispute

    The NFL has settled with one insurer in a sprawling lawsuit in New York state court over who will pay for the concussion litigation that led to a landmark 2015 settlement expected to pay out more than $1 billion to retired players.

  • September 12, 2019

    Female Doctors' Pay Suit Decertified, But Heading To Trial

    An Iowa federal judge has ruled that a group of female doctors can proceed with claims a physician network paid them less than their male counterparts, but determined they can't proceed to trial as a unified class because too many unique questions about their pay remain.

  • September 12, 2019

    Vanda Pharma Investor Accuses Brass Of Off-Label Marketing

    A Vanda Pharmaceuticals Inc. investor filed a derivative suit in Delaware federal court Wednesday claiming company officers covered up a "widespread" off-label marketing scheme to sell two drugs to patients they were not meant to treat, leading to a drop in the company's stock price when the scheme came to light.

  • September 12, 2019

    Chipotle Wraps Up False Ad Suit With $6.5M Settlement

    Chipotle Mexican Grill Inc. has agreed to pay $6.5 million to settle claims in California federal court that it deceived customers with an ad campaign promising the restaurants used only non-genetically modified foods.

  • September 12, 2019

    US Women's Soccer Team Moves For Cert. In Pay Equity Suit

    The U.S. Soccer Federation's policies are a "textbook example" of gender discrimination, the women's national soccer team told a California federal judge Wednesday, saying the squad's pay equity suit can be resolved "in one fell swoop" and urging him to grant class certification for past, present and future players.

  • September 12, 2019

    Biopharma Co. Investors Allege Voting Rule Fouls In Del. Suit

    BioDelivery Sciences International Inc. stockholders have sued the specialty pharmaceutical company and its board in Delaware's Chancery Court, accusing its directors of enacting charter amendments without proper approval that ended staggered director terms and changed stockholder voting rules.

  • September 12, 2019

    MIT To Settle ERISA Suit On Eve Of Trial

    The Massachusetts Institute of Technology and a class of employees have agreed in principle to settle a lawsuit alleging the university violated the Employee Retirement Income Security Act by mismanaging its 401(k) plan, according to a court filing Thursday.

  • September 12, 2019

    Arconic Tells Judge To Toss Latest Grenfell Fire Stock Suit

    Lawyers for Arconic Inc. said late Wednesday that investors failed in their third attempt to claim the company and its former CEO made false statements about the safety of one of its products and were responsible for plummeting stock values after the product was implicated in London's fatal 2017 Grenfell Tower fire.

Expert Analysis

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Calif. Justices Set Low Bar For Website Bias Claims

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    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

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    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

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    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • Pa. Justices Could Shift State's Consumer Litigation

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    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • FLSA Overtime Deal Highlights Worker Classification Priorities

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    A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

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    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • Durational Disconnect Between Cartel Pleas And Class Certs.

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    Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

  • 3rd Circ. Decision Limits Liability Of Board Observers

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    The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

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