Class Action

  • August 10, 2020

    Philly Restaurant Fights Insurer's Bid To Ax COVID-19 Suit

    A Philadelphia bar and music venue is firing back against its insurer's bid to throw out a suit seeking coverage for losses resulting from government orders to shut down business over COVID-19, saying findings in the Pennsylvania courts and the Third Circuit support a finding that a virus can cause a "physical loss" to property.

  • August 10, 2020

    Huntington Bancshares Settles ERISA Suit For $10.5M

    Huntington Bancshares Inc. has struck a $10.5 million deal to settle a proposed class action that challenges its decision to make allegedly underperforming company-owned mutual funds the centerpiece of its 401(k) plan.

  • August 07, 2020

    Drivers Seek Sanctions Against BMW In Defective Engine Suit

    Five BMW drivers who opted out of a nationwide class action lawsuit told a Massachusetts federal court the automaker should face sanctions for repeatedly refusing to hand over discovery, despite the fact that the court has previously ruled that the type of document requested is relevant.

  • August 07, 2020

    9th Circ. Won't Pause Facebook Wiretap Order For High Court

    Facebook can't pause a Ninth Circuit decision reviving claims that it unlawfully intercepted logged-out users' browsing histories while the social media giant appeals the issue to the U.S. Supreme Court, the federal appellate court ruled Friday.

  • August 07, 2020

    Calif. Judge Scolds Feds Over Stalled Release Of Migrant Kids

    A California federal judge scolded U.S. Immigration and Customs Enforcement on Friday for "squandering" the month she gave to release migrant children from detention, saying the government's legal team is acting like they don't "understand how litigation works."

  • August 07, 2020

    Macy's Hit With Ill. Privacy Suit For Using Clearview Database

    Macy's Retail Holdings Inc. is facing a proposed class action in Illinois federal court accusing it of violating the state's biometric privacy law by partnering with embattled tech company Clearview AI to use facial recognition software to identify shoppers on the retailer's security cameras.

  • August 07, 2020

    White Castle Can't Dodge Manager's Biometric Privacy Claims

    White Castle lost another bid to dodge a manager's proposed class action alleging the fast-food giant repeatedly violated Illinois' biometric privacy laws when an Illinois federal judge ruled Friday that the claims were not time-barred.

  • August 07, 2020

    Crypto Execs' Availability Disputed In Securities Suit

    Counsel in a proposed securities class action claiming Status Research engaged in an unregistered securities offering are at loggerheads over providing alternative service to the company's allegedly untraceable executives, with the parties disagreeing on whether a deal had been reached on service and accusing each other of making false assertions.

  • August 07, 2020

    Google Home Users Say Gadgets Record Without Permission

    Google was hit with a class action on Friday in California federal court accusing the tech giant of configuring its voice-activated Google Home devices to deliberately record conversations and audio events throughout users' homes, despite its promises to the contrary.

  • August 07, 2020

    JPMorgan Fights Class Cert. Bid In Interest Rate Swaps Suit

    JPMorgan Chase & Co. in a letter Friday pointed to two recent decisions in New York federal court and the Third Circuit that it says support the rejection of a class certification bid in an antitrust suit over interest rate swaps trading.

  • August 07, 2020

    JPML Consolidates Profemur Hip Implant Suits In Ark.

    The Judicial Panel on Multidistrict Litigation sent nearly four dozen suits alleging Wright Medical Technology Inc. and MicroPort Orthopedics Inc. sold defective hip implants to Arkansas federal court over the objections of the companies.

  • August 07, 2020

    Pot Co. Wants Case Paused Until Justices' Autodial Decision

    A California cannabis hydroponics supplier has asked a federal judge to stay a proposed class action accusing it of spamming customers with texts because the Supreme Court's forthcoming ruling in Facebook v. Duguid may have bearing on the case, to which the plaintiff has shot back in opposition.

  • August 07, 2020

    Tile Shop Inks $12M Deal To End Suit Over Takeover 'Scheme'

    Tile Shop Holdings Inc. has struck a $12 million settlement to bring an end to a consolidated derivative suit filed by investors seeking to thwart what they said was an unfair takeover attempt led by the company's former CEO, according to Delaware Chancery Court filings Friday.

  • August 07, 2020

    4th Circ. Sends TCPA Claims Against DirecTV To Arbitration

    The Fourth Circuit said Friday that a West Virginia woman must arbitrate claims that DirecTV violated the Telephone Consumer Protection Act because she is bound by a contract she signed with AT&T before it acquired the satellite TV provider.

  • August 07, 2020

    Attys Request $20.8M After Chase Servicemembers Settlement

    A three-firm team of attorneys who reached a $62 million settlement with Chase bank on behalf of a class of servicemembers on Thursday asked a North Carolina federal judge to approve a $20.8 million sum to cover the class counsel's fees and costs in the matter.

  • August 07, 2020

    Stamps.com Tells Chancery Reseller Deals Were Legit

    Stamps.com urged the Delaware Chancery Court on Friday to toss an investor's claims that the company's so-called "back-end" deals with postage resellers bilked the U.S. Postal Service out of millions of dollars and crushed the company's stock, arguing that the deals were legitimate business arrangements that actually benefited shareholders.

  • August 07, 2020

    DACA Advocates Say New Program Changes Are Unlawful

    A coalition of advocates who fought to resurrect the Deferred Action for Childhood Arrivals program announced plans to update their complaint in response to new changes that they say violate administrative and constitutional law.

  • August 07, 2020

    Judge Hems In WilmerHale U. Mich. Abuse Investigation

    The University of Michigan may continue its investigation into sexual assault allegations against a former sports doctor but must receive court approval for any communications with potential victims, a federal judge ruled Thursday after plaintiffs raised concerns about the WilmerHale-led review.

  • August 07, 2020

    Soldier Can't Sue Over Car Financing, Court Told

    Car financing company United Auto Credit Corp. urged a California federal court to permanently toss a soldier's Military Lending Act claims that it failed to properly disclose certain costs and fees, arguing Thursday the financing contract is not subject to the law.

  • August 07, 2020

    Class Of 250,000 Workers Gets OK In AT&T 401(k) Fee Suit

    An ERISA suit accusing AT&T Services Inc. of wasting its workers' retirement savings on unreasonable fees and engaging in prohibited transactions will move forward as a class action after a California federal judge gave her blessing to a nearly 250,000-member class.

  • August 07, 2020

    Immigrants Denied Asylum Access Can Proceed As Class

    A California federal judge has determined that immigrants who were denied the chance to seek asylum can proceed as a class, finding that the individual circumstances in which they were denied asylum access don't defeat the commonality of their claims.

  • August 07, 2020

    Migrant H-2A Farmworkers Say Co. Underpaid Thousands

    Migrant farmworkers filed a proposed class action against a farm labor contractor in Arkansas federal court Thursday, alleging they came to the U.S. on temporary work visas from Mexico only to be the victims of pervasive wage theft while planting sugar cane throughout Louisiana.

  • August 07, 2020

    Fiat Chrysler Drivers' Jeep Engine Defect Suits Joined In Mich.

    A Michigan federal court has consolidated nine proposed consumer class actions accusing Fiat Chrysler of knowingly selling Jeep vehicles with dangerously defective engines that sucked up excessive amounts of oil, resulting in premature wear and catastrophic engine failure.

  • August 07, 2020

    WWE Can't Dodge Stock-Drop Suit Over Saudi Relationship

    World Wrestling Entertainment Inc. can't avoid a proposed investor class action, because investors have been persuasive in alleging that the company misled them about its souring relationship with Saudi Arabia, a New York federal judge has ruled.

  • August 07, 2020

    Ulta Beats Certification Bid In Shoppers' Used-Makeup Suit

    An Illinois federal judge has refused to certify 15 statewide classes over accusations that Ulta Beauty Inc. unlawfully sold used, repackaged products, saying managers implemented the company's damaged goods reduction policy too differently to create a common question over their claims.

Expert Analysis

  • What High Court Ruling Means For TCPA's Future

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    The U.S. Supreme Court’s ruling in Barr v. American Association of Political Consultants — striking down the Telephone Consumer Protection Act’s exemption for calls made to collect debts to the government — means that businesses will need to look to other vehicles to disrupt the continuing wave of lawyer-driven TCPA litigation, say attorneys at Cozen O'Connor.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

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    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

  • Versatile Defense Strategy Is Best For Privacy Class Actions

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    Recent federal court decisions reveal that an immediate, aggressive and multifaceted response to increasingly frequent consumer class actions under Illinois' and California's privacy laws should resolve the controversy before costly and time-consuming litigation, say attorneys at Squire Patton.

  • 9th Circ.'s VW Ruling Promotes Patchwork Auto Regs

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    The Ninth Circuit's recent ruling in the Volkswagen multidistrict litigation that the Clean Air Act does not preempt state and local anti-tampering laws for post-sale vehicles raises significant concerns about patchwork regulation of vehicle maintenance, recalls and field fixes, say attorneys at Sidley.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Indirect Purchaser Antitrust Standing Heads In New Direction

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    The applicability of the U.S. Supreme Court's 1983 Associated General Contractors indirect purchaser price-fixing decision to antitrust standing under state law continues to evolve, with some decisions that may portend diminished application, say Chris Micheletti and James Dugan at Zelle.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • 2 Takeaways From Ill. Biometric Class Action Insurance Ruling

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    An Illinois appellate court's recent decision in West Bend v. Krishna provides clarity into the legal definition of publication in insurance contexts and highlights the importance of policy language in Biometric Information Privacy Act lawsuits, say Deepthika Appuhamy and Brian Scarbrough at Jenner & Block.

  • Cert. Denial In Televisa May Embroil 3rd-Party Asset Managers

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    A New York federal court's recent refusal to grant class certification to investors in Grupo Televisa in a FIFA scandal stock-drop case may lead to additional discovery burdens for asset managers performing third-party management services for pooled investment vehicles, say attorneys at Ropes & Gray.

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