Class Action

  • October 07, 2019

    Attys Get $1.5M For Repping Southwest Reservist Pilots

    Attorneys led by Outten & Golden LLP representing nearly 2,000 Southwest Airlines pilots will get a $1.5 million cut of the $19 million settlement that ended allegations the airline stiffed reservists out of retirement benefits and sick leave, a California federal judge said Friday.

  • October 07, 2019

    Philly Trial May Signal Future Vein Filter Claim Success

    After six juries around the country split 3-3 over alleged defects in vein filters, attorneys say that a case against Rex Medical LP set to start Tuesday in Philadelphia could help shed some much-needed light on the future viability of claims over the devices.

  • October 07, 2019

    DHS Agents Say Force Used In Plant Raid Was Warranted

    Officials from the U.S. Department of Homeland Security accused of unlawfully targeting Latino workers during a raid at a Tennessee meatpacking plant told a federal judge they were justified in pointing guns at workers and restraining them with plastic zip ties.

  • October 07, 2019

    ICE Doesn't Have To Track Detainees' Language In Parole Suit

    A D.C. federal judge said Monday he won't be ordering U.S. immigration officials to record what primary language detainees speak in the monthly reports the government will be handing over to prove it's complying with a federal policy that requires asylum-seekers to be considered for parole.

  • October 07, 2019

    High Court Won't Review Dollar Tree's Pay Stub Trial Win

    The Supreme Court on Monday said it won't take up a case brought by a group of Dollar Tree workers who claimed the discount chain's practice of providing pay stubs on cash register receipts violated a California law requiring employers to provide accessible wage statements.

  • October 07, 2019

    Facebook Cuts $40M Deal To End Suit Over Video Ad Metrics

    Facebook Inc. has agreed to pay $40 million to settle consolidated litigation in California federal court alleging it misled a proposed class of advertisers about how much time users spend watching paid video ads by using inflated video-viewing metrics.

  • October 07, 2019

    Wegmans' Ice Cream Doesn't Use Real Vanilla, Buyers Say

    A pair of ice cream buyers have hit Wegmans with a proposed class action, accusing the supermarket chain of misleading consumers by marketing its ice cream as containing vanilla despite the fact the ingredient is not listed on the product's label.

  • October 07, 2019

    Pomerantz, Wolf Haldenstein Vie To Lead Curaleaf Stock Suit

    Pomerantz LLP and Wolf Haldenstein Adler Freeman & Herz LLP are among half a dozen law firms that sought on Friday to lead a proposed consolidated class action against Curaleaf Holdings Inc. for allegedly causing share prices to fall by improperly marketing its CBD products as drugs.

  • October 07, 2019

    Pa. Atty Fights Landowners' DQ Bid In Gas Royalties Suit

    An attorney accused of filing fraudulent bills while representing a class of landowners who claim Range Resources Corp. shortchanged them on natural gas royalties has pushed back against a suit filed in Pennsylvania federal court by a dissident group of plaintiffs who want the lawyer disqualified.

  • October 07, 2019

    Crypto Redditors Must Face Some Claims Over Missing $170M

    Cryptocurrency developers who hyped their product Nano on Reddit.com will continue to face fraud and negligence claims from their investors over the disappearance of roughly $170 million worth of their digital currency, a California federal judge said.

  • October 07, 2019

    Refiner Says 'False' Price-Fixing Claims Warrant Sanctions

    Alon USA Energy Inc. has urged a California federal judge to jettison it from parallel, proposed price-fixing class actions against BP, Exxon and other oil companies, arguing it's still in the case because fuel buyers have repeated "false allegations" about the closure of one of its refineries — falsities that warrant sanctions.

  • October 07, 2019

    Justices Won't Hear Citizens Bank Overdraft Fee Suit

    The U.S. Supreme Court on Monday refused to review a split First Circuit decision affirming the dismissal of a proposed class action alleging Citizens Bank NA’s flat overdraft fees violate usury laws, declining a request to clarify what constitutes “interest” under the National Bank Act.

  • October 07, 2019

    Justices Won't Hear Firms' Fee Dispute In $10B VW Settlement

    Nagel Rice LLP and a dozen other firms that claim they were unfairly cut out of the $175 million awarded to class counsel in the $10 billion Volkswagen AG emissions cheating settlement have hit the end of the line, after the U.S. Supreme Court declined to take up their case.

  • October 07, 2019

    Ill. Biometric Privacy Law Is 'Sound,' Albertson's Worker Says

    Illinois' biometric privacy law is "a poster child of constitutionally sound legislation" that regulates companies' collection of sensitive personal information within reasonable guidelines and exceptions, a former Albertson's employee has said in urging a state court not to toss his proposed class action against the chain.

  • October 07, 2019

    Supreme Court Won't Hear SD Tribes' Child Welfare Case

    The U.S. Supreme Court on Monday declined to take up a petition from two tribes challenging South Dakota temporary custody proceedings involving Native American children that were described as unconstitutional.

  • October 07, 2019

    UPMC Says 60K Employees Lack Standing In Data Breach Suit

    About 60,000 University of Pittsburgh Medical Center employees whose personal data was hacked have no standing to sue the hospital network in a proposed class action because no one has actually used or abused their stolen data, an attorney for UPMC argued in Pennsylvania state court Monday.

  • October 07, 2019

    Tax Prep Co. Gets Final OK For $3M Data Breach Settlement

    An Illinois federal judge on Monday granted final approval to a $3 million settlement in a consolidated class action alleging cloud-based tax preparation company ComplyRight Inc. failed to prevent a data breach, saying relief would be “substantial” for its customers.

  • October 07, 2019

    High Court Sends TCPA Junk Fax Dispute Back To 6th Circ.

    The U.S. Supreme Court on Monday ordered the Sixth Circuit to revisit its split decision that faxes seeking contact information verification qualify as advertisements under junk fax rules, in light of an earlier high court ruling on the validity of federal agencies' interpretation of federal law.

  • October 07, 2019

    Aluminum Case Can't Save Bond Price-Fix Suit Versus Banks

    Barclays, Citigroup and other big banks escaped investors' bond price-fixing claims, with a federal judge saying the Second Circuit’s recent finding that antitrust claims could be brought by players in more than one market applied here too, but the investors hadn't shown they were hurt by the alleged bond-rigging.

  • October 04, 2019

    Plaintiffs Firms Follow Easy Merger Money To Federal Court

    A handful of law firms have seized an opportunity to profit from merger challenges in federal court with little scrutiny from judges, a development critics say amounts to a shakedown with little benefit beyond lining attorneys' pockets. 

  • October 04, 2019

    'Counsel Owe An Explanation,' Alsup Warns In Logitech Row

    U.S. District Judge William Alsup has chastised counsel representing the parties in a proposed class action alleging Logitech falsely advertised its Z200 speakers, saying they owe him an explanation for why it took so long to discover that the lead plaintiff is a convicted felon.

  • October 04, 2019

    Judge Says $40M GM Settlement Must Be 'More Robust'

    A Florida federal judge held off Friday on approving a roughly $40 million deal to settle claims of defective engines in two General Motors SUV models, asking for a "more robust" proposed order stating explicitly that the deal covers costly engine replacements in the face of concerns from objectors.

  • October 04, 2019

    Facebook Users Press 9th Circ. To Skip Privacy Row Review

    Facebook users suing the social media giant over its face-scanning practices are urging the full Ninth Circuit to refrain from reconsidering a panel decision reviving their class claims, arguing that controlling precedent offers no support for Facebook's "misguided attempt" to overturn the ruling.

  • October 04, 2019

    McAfee Investors Get $11.7M Deal Over Sale To Intel Approved

    A California judge approved an $11.7 million deal on Friday resolving allegations by McAfee Inc. investors that the cybersecurity software company and its former CEO breached their fiduciary duties in pushing for Intel Corp.'s $7.7 billion acquisition of McAfee in 2010.

  • October 04, 2019

    Mortality Table Ruling Needs Redo, Cigna Workers Say

    A class of Cigna workers pointed a Connecticut federal judge's attention to 10 ERISA lawsuits challenging the use of "outdated" interest rates and mortality tables, urging her to reconsider a decision they say lets the insurer short them on retirement benefits.

Expert Analysis

  • Opinion

    Minor Leaguers' Class Cert. Win Won't Help Baseball Pay

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    A class of approximately 6,000 Minor League Baseball players was recently certified by the Ninth Circuit in a minimum wage case, which is a major victory for the players, but a glimmer in the otherwise dismal labor history and future of Minor League Baseball, says Ronald Katz at GCA Law.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • 4 NY Cases Forge Post-Cyan Securities Litigation Landscape

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    The first wave of New York state court decisions following the U.S. Supreme Court's Cyan opinion — granting state courts concurrent jurisdiction in Securities Act cases — introduces considerations for applying federal securities law precedents and automatic discovery stays that bear further watching, say attorneys at Paul Hastings.

  • Changes In Texas Laws Will Shape Workplace Policies

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    The recent conclusion of the 2019 Texas legislative session established for employers new obligations that not only necessitate amendments to company policies, employee handbooks and arbitration agreements, but also may require an evaluation of the long-term plans for their workforces, says Felix Digilov at Fisher Phillips.

  • 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.

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