Class Action

  • July 12, 2019

    Chamber Backs Facebook In 7th Circ. OT Arbitration Bid

    The U.S. Chamber of Commerce urged the Seventh Circuit Friday to back Facebook Inc. in its effort to individually arbitrate claims that it failed to pay employees proper overtime, saying a lower court's conditional class certification defies the Federal Arbitration Act.

  • July 12, 2019

    Showa Strikes $14M Deal With Consumers In Auto Parts MDL

    Consumers struck a $14 million settlement Thursday with auto parts maker Showa Corp. over allegations involving its part in a long-running scheme to fix the prices of powered steering assemblies and shock absorbers.

  • July 12, 2019

    DOJ Granted Deposition Delay In Forex-Rigging Suit

    A New York federal judge overseeing a foreign exchange market rigging suit against several big banks is allowing the U.S. Department of Justice to delay deposition for three months, defying protests from investors who argue that the agency has been seeking extension requests to stall prosecution of their case.

  • July 12, 2019

    Attys Get $4.9M In Fees In Citigroup Exchange Rate Suit

    The attorneys for a class of Citigroup Inc.-sponsored American depositary receipt holders will receive nearly $5 million in fees after securing a $14.75 million settlement in a suit alleging the bank manipulated the foreign exchange rate when providing dividends to ADR holders.

  • July 12, 2019

    Bank Of America, Morgan Stanley Again Accused Of Spoofing

    Morgan Stanley & Co. LLC, Bank of America Corp. and its subsidiary Merrill Lynch Commodities Inc. engaged in spoofing in an effort to manipulate precious metals futures, according to a proposed class action filed Friday in New York federal court.

  • July 12, 2019

    LaCroix's 'Outraged' Sanctions Bid In 'Natural' Suit Falls Flat

    An "outraged" yet "repetitive" sanctions bid by LaCroix accusing a proposed class of consumers of its sparkling water of "financial terrorism" over their false labeling suit fails to back up its arguments with evidence, an Illinois federal judge has said.

  • July 12, 2019

    SF Nurses Get Conditional Cert. In OT Collective Action

    A California federal judge Friday conditionally certified a Fair Labor Standards Act collective action brought by nurses who claim their employer, the city of San Francisco, classifies them as per diem workers in order to avoid paying them proper overtime wages.

  • July 12, 2019

    SunEdison Settles With Investors For $74M

    SunEdison Inc. investors inked a $74 million cash deal to end their class action suit accusing the renewable energy company of maintaining faulty internal controls and filing inaccurate financial statements, they told a New York federal judge Friday.

  • July 12, 2019

    Honda Is Hiding Acura RDX 'Infotainment' Glitch, Owners Say

    Owners of brand new Acura RDX vehicles filed a proposed class action in California federal court Thursday alleging Honda knowingly sold vehicles with defective technology consoles that could distract drivers and become a safety hazard.

  • July 12, 2019

    CDK Cuts Deal With Cox In Auto Data Antitrust Case

    Software company CDK Global and Cox Automotive have settled their beef amid the sprawling antitrust litigation lodged by car dealers, software vendors and others alleging that CDK and a rival monopolized the market for crucial auto dealer data.

  • July 12, 2019

    Signet: Investor Cert. Needs Clarification. Judge: WRONG

    A New York federal judge refused Thursday to clarify an order certifying a class of investors suing over Signet's alleged culture of sexual harassment, calling the retailer's interpretation "completely, totally and utterly WRONG" and setting the stage for an appeal.

  • July 12, 2019

    11th Circ. Urged To Revive Robocall Suit Against Hilton

    A consumer pushed the Eleventh Circuit on Thursday to reverse the axing of her proposed class action accusing Hilton Grand Vacations of violating the Telephone Consumer Protection Act by assailing consumers with unwanted robocalls, saying it was clear the calls were automated.

  • July 12, 2019

    Merck Says Zetia Buyers Can't Expand Pay-For-Delay Suit

    Merck & Co. Inc. has asked a Virginia federal judge not to expand multidistrict litigation alleging it conspired with Glenmark Pharmaceuticals Inc. to keep cholesterol drug Zetia off the market using a pay-for-delay agreement, saying buyers can't rope in a distributor and seek new wide-ranging damages.

  • July 12, 2019

    Disabled Fans Slam 49ers' Arguments In Stadium ADA Case

    Disabled sports fans suing the San Francisco 49ers and the city of Santa Clara, California, in a class action over a "disability access nightmare" at Levi's Stadium have pushed back against the defendants' attempt to shut down the suit, calling their arguments "premised on profound misunderstandings" of the Americans with Disabilities Act.

  • July 12, 2019

    L’Oreal Dodges Claims Over Misleading Cosmetics Bottles

    A New York federal judge has dismissed a suit alleging that L’Oreal USA Inc.’s cosmetics labels mislead customers, saying reasonable customers would not expect to get all of a viscous fluid out of the bottle with the pumps used in L’Oreal’s products.

  • July 12, 2019

    RBC Capital Exits Investors' Contract Breach Suit

    Brokerage firm RBC Capital Markets LLC wiggled out of a proposed class action accusing it of breaching its contract with investors in how it sold risky, complex securities known as reverse convertible notes when a Minnesota federal judge found that RBC did not break promises to its clients.

  • July 12, 2019

    Boston Scientific Asks Judge To Toss Robocall Suit

    Boston Scientific asked a federal judge to toss a proposed class action accusing it of repeatedly calling a Texas man with automated invitations to sales events, saying in a motion Thursday the laws the man is trying to back his claim with do not match the facts in this case.

  • July 12, 2019

    UnitedHealthcare Hit With Substance Use Coverage Suit

    UnitedHealthcare has been hit with a proposed class action accusing the insurer of putting barriers between patients and substance abuse treatment in the midst of an opioid epidemic, even when patients had Employee Retirement Income Security Act plans promising access to such coverage.

  • July 12, 2019

    Investor Who Filed $4B Crypto Ponzi Suit Cut From Lead

    A New York federal judge has denied two investors' bid to jointly lead a $4 billion lawsuit over an alleged cryptocurrency Ponzi scheme, handing the lead to the investor claiming greater losses rather than the one who filed the suit, saying the "unrelated" pair won't "function cohesively." 

  • July 11, 2019

    2 Firms May Seek $9M Fee In $30M Handy & Harman Deal

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP, class counsel for Handy & Harman Ltd. shareholders who have tentatively reached a $30 million deal to end a Delaware Chancery Court lawsuit over the industrial manufacturer's merger with Steel Partners Holdings LP, may seek up to $9 million of that amount for attorney fees.

  • July 11, 2019

    Class Suit Calls Allianz's Travel Insurance A Sham

    Allianz and Jefferson Insurance Co. were hit Wednesday with class action claims alleging their denial of a Florida woman's travel insurance claim on the grounds that the cancellation of her flight two days before Hurricane Irma hit South Florida in 2017 was “foreseeable” shows they are selling sham policies.

  • July 11, 2019

    Loestrin Buyers Fight To Advance Antitrust Case To Trial

    Loestrin purchasers accusing Warner Chilcott and Watson Pharmaceuticals of sidelining generic alternatives to the widely used birth control drug have shot back at the drugmakers’ efforts to slip their antitrust lawsuit, as the buyers insisted there are still too many questions unanswered to stop the case now.

  • July 11, 2019

    Southwest, Boeing Duped Public On 737 Max Safety, Suit Says

    Southwest Airlines helped Boeing shore up public confidence in the aircraft maker's defective 737 Max jets to protect a longstanding relationship that prioritized profits ahead of passenger safety, according to a proposed racketeering class action filed in Texas federal court Thursday.

  • July 11, 2019

    Brazilian Retailer Escapes Suit Over Pre-IPO Disclosures

    A New York State Supreme Court judge dismissed Thursday an investor's proposed class action alleging a retailer made misleading statements ahead of its initial public offering, finding a number of the statements at issue were opinions that aren't actionable under the U.S. Supreme Court's Omnicare ruling.

  • July 11, 2019

    Realogy Accused Of Hiding Antitrust Conduct From Investors

    Realogy Holdings Corp. was slapped Thursday with a proposed securities class action in New Jersey federal court claiming the company failed to disclose its purportedly anti-competitive conduct regarding commissions paid to real estate brokers, leading investors to pay “artificially inflated and distorted” stock prices.

Expert Analysis

  • 2 Key 10th Circ. Holdings In Western Union Derivative Suit

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    The Tenth Circuit’s recent opinion in City of Cambridge Retirement System v. Ersek — concerning shareholders’ allegations against officers and directors of Western Union — was a little-noticed decision, but it has broad implications for shareholder derivative actions, say Chris McCall and Luke Ritchie of Moye White.

  • What 9th Circ.'s Take On Dynamex Means For Calif. Employers

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    In Vazquez v. Jan-Pro, the Ninth Circuit ruled that the California Supreme Court’s Dynamex decision should be applied retroactively, reminding employers of the hurdles presented by Dynamex’s so-called ABC test for worker classification, and of the potential exposure for employee misclassification, says Grant Alexander of Alston & Bird.

  • The Precarious State Of Public Injunction Waivers In Calif.

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    Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

  • Key Takeaways From Roundup Verdicts So Far

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    On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Examining The Evidence On VIX Manipulation

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    An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

  • Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

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    Regardless of the fate of recently proposed amendments to the California Consumer Privacy Act's private right of action, e-commerce businesses serving customers in California must remain vigilant in preparing for the likely tide of CCPA litigation, says Alexis Buese of Sidley Austin.

  • High Court Clarifies Standards For Antitrust Claims

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    The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

  • New Questions Over Corporate Officers' Legal Duties

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    Recent litigation between Hertz and its former executives raises novel questions about whether corporate leaders have a legally cognizable responsibility to set the right “tone at the top,” and the consequences if they fail to do so, say attorneys at Cleary.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

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    The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.

  • What's At Stake In Battle Over TCPA Constitutionality

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    As courts across the country grapple with whether the Telephone Consumer Protection Act passes First Amendment scrutiny, the eventual outcome is likely to permanently shift the contours of free speech jurisprudence, one way or another, say Eric Troutman and Petrina McDaniel of Squire Patton Boggs.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • How 9th Circ. May Rule In Google Privacy Case

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    After the U.S. Supreme Court's recent remand of Frank v. Gaos, the Ninth Circuit will determine whether adequate standing was alleged by the class plaintiffs in their Stored Communications Act case against Google. The Ninth Circuit's 2017 opinion in Spokeo v. Robins may indicate the outcome, says Steven Malin of Chen Malin.

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