Class Action

  • September 12, 2019

    Chinese Investors Get Class Cert. In $50M Project Fraud Suit

    An Illinois federal judge on Wednesday granted class certification to a group of Chinese investors who claim they poured about $50 million into a Chicago real estate project as a path to a green card, only to find out nothing was ever built.

  • September 12, 2019

    Uber Hit With Misclassification Suit Invoking Dynamex Bill

    An Uber driver in California slapped the company with a proposed class action alleging she and other drivers were misclassified as independent contractors and shorted on pay, just hours after California lawmakers sent Gov. Gavin Newsom a contentious bill making it harder for businesses to label workers contractors rather than employees.

  • September 12, 2019

    E-Cig Seller Hid SF Ban Ahead Of IPO, Investors Say

    E-cigarette distributor Greenlane Holdings Inc. didn’t tell investors ahead of its $110 million initial public offering that San Francisco — the city where its "key partner," Juul Labs, is headquartered — was planning to ban the vaping devices, according to a proposed class action in Florida federal court Wednesday.

  • September 12, 2019

    Parents Lose Class Cert. Bid In Pop Warner Concussion Suit

    A California federal judge on Wednesday denied class certification to parents accusing Pop Warner of deceiving them about the risks of head injuries their children would face, saying they haven't shown that the organization told all parents the same things.

  • September 11, 2019

    Atty Slams Bid To Remove Judge From BP Oil Spill MDL

    A Louisiana federal court should deny a Florida attorney's motion for a judge to recuse himself from sprawling multidistrict litigation over the 2010 Deepwater Horizon oil spill as the alleged conflicts are minimal at best, irrelevant to present matters and have since been mitigated, a Louisiana lawyer has argued.

  • September 11, 2019

    US Defends Family Separations In Cases With Criminal Past

    The Trump administration defended its practice of separating immigrant children at the border from parents with criminal backgrounds, saying in response to a lawsuit from the American Civil Liberties Union that its authority to do so has already been established.

  • September 11, 2019

    6th Circ. Won't Reinstate DQ'd BakerHostetler In Opioid MDL

    The Sixth Circuit has rejected a bid by two Endo units to order an Ohio federal court to vacate its order disqualifying a former U.S. attorney and her firm BakerHostetler from representing the companies in sprawling Ohio multidistrict litigation involving racketeering and corrupt practices charges against various opioid makers and distributors.

  • September 11, 2019

    Attys Say Farmers In Syngenta Row Waited Too Long To Sue

    Corn farmers waited too long to allege that Watts Guerra LLP and 15 other law firms engaged in fraud and other malpractice-related claims in underlying multidistrict litigation with Syngenta AG, the firms told a Kansas federal court Tuesday.

  • September 11, 2019

    No Class Cert. For Wish-Bone Salad Dressing False Ad Suit

    An Illinois federal judge on Wednesday denied certification to a proposed class of salad eaters alleging that the makers of Wish-Bone brand salad dressing deceived customers about the amount of extra virgin olive oil used in the products, saying the lead plaintiff hasn't established that anyone else shares his complaint.

  • September 11, 2019

    Opioid MDL 'Negotiation Class' Wins Approval

    In a possible turning point for a wave of opioid-crisis lawsuits, an Ohio federal judge on Wednesday approved a novel “negotiation class” that could encompass every U.S. city and county in hopes of striking global settlements with pharmaceutical companies.

  • September 11, 2019

    Japanese Banks OK'd To Announce $71M Libor Settlements

    A Manhattan federal judge on Wednesday preliminarily approved $71 million of settlements for eight Japanese banks accused of fixing global interest rates, greenlighting a notification process for some 100,000 potential claimants in the class action litigation.

  • September 11, 2019

    Purdue To Settle Thousands Of Opioid Suits, File Bankruptcy

    Purdue Pharma LP and its owners, the Sackler family, have reached a tentative deal to settle roughly 2,000 opioid suits brought by local governments, states and tribes, with the Sacklers agreeing to pay $3 billion from their own fortune, a source involved with the negotiations told Law360 on Wednesday.

  • September 11, 2019

    Insurers Must Face Lumber Liquidators' $36M Coverage Battle

    A group of excess insurers must face Lumber Liquidators' claims that they should help cover aspects of the flooring company's $36 million settlement over formaldehyde in its laminate flooring, a Wisconsin state judge said.

  • September 11, 2019

    Schwab ERISA Ruling Created Split In 9th Circ., Worker Says

    A former Charles Schwab worker accusing his ex-employer of keeping poorly performing funds in its retirement plan has urged the Ninth Circuit to reconsider booting his proposed class action to arbitration, arguing the decision didn't mesh with the court's earlier finding in a case against USC.  

  • September 11, 2019

    Rosen Law Firm To Lead Russian Telecom Bribery Suit

    A New York federal magistrate judge on Wednesday selected The Rosen Law Firm PA to lead a putative securities class action against a Russian telecommunications company accused of making $420 million in bribes to officials in Uzbekistan.

  • September 11, 2019

    Investors Say Suit Over Philip Morris E-Cig Sales Must Go On

    Investors in Philip Morris International have told a New York federal judge they've more than adequately pled claims in their proposed class action that the company lied about sales and regulation efforts for its flagship electronic cigarette.

  • September 11, 2019

    CorePower Settles Underpaid Yoga Instructor Suit For $1.5M

    Exercise studio chain CorePower Yoga will pay $1.49 million to end claims it didn't pay its Illinois interns and instructors for mandatory out-of-studio work, under a settlement that received final approval in federal court Wednesday.

  • September 11, 2019

    3rd Circ. Nixes Arbitration In NJ Uber Driver Wage Row

    The Third Circuit said Wednesday that transportation workers who transport passengers, not just goods, might be exempt from arbitration under certain circumstances, signaling that a New Jersey Uber driver could potentially pursue in court his claims that the ride-hailing giant misclassified drivers as independent contractors.

  • September 10, 2019

    Girardi Can't Transfer Settlement Fees Case To Retired Judge

    A California judge Tuesday denied law firm Girardi Keese's bid to throw out a lawsuit seeking an accounting of $120 million in settlements from an oil contamination case, saying it hadn't cited any authority for its request to order the matter decided in private by a retired judge.

  • September 10, 2019

    CVS To Pay $4.4M For Divulging HIV Status Of 6,000 Patients

    CVS Health Corp. has agreed to pay $4.35 million to resolve claims it divulged the protected health information of 6,000 Ohio residents by mailing letters in envelopes with windows that revealed names and references to HIV diagnoses, according to Tuesday federal court filings.

  • September 10, 2019

    Canadian Cannabis Biz Hit With Investor Suit Over $143M IPO

    A Sundial Growers stockholder has launched a proposed class action against the Canadian cannabis producer in New York state court, claiming the company misled investors ahead of its $143 million initial public offering by failing to disclose that a customer had returned more than half a ton of cannabis over quality issues.

  • September 10, 2019

    Software Co. Must Face Securities Suit Over AI Co. Sale

    ​A Chicago futures trading software company and the former executives of an artificial intelligence company it acquired must face a shareholder suit claiming executive mismanagement drove down its sale price, an Illinois federal judge ruled on Monday.

  • September 10, 2019

    DOJ Subpoenas Sanderson Farms In Chicken Price-Fix Probe

    Sanderson Farms, one of the major poultry producers facing a price-fixing conspiracy lawsuit, disclosed Monday that it had received a subpoena from the U.S. Department of Justice as part of the agency’s own investigation into the alleged conspiracy.

  • September 10, 2019

    Cheetah Mobile Officers Seek To Nix 'Click Injection' Suit

    Four current and former officers of phone and PC app developer Cheetah Mobile Inc. on Monday added to their company's request in New York federal court to end proposed class claims that they deceived investors when the company secretly earned revenue by gaming an app-advertising commission system.

  • September 10, 2019

    Spirit Flyers' Bag-Fee Suit Not Preempted, 2nd Circ. Says

    The Second Circuit on Tuesday revived a proposed class action alleging Spirit Airlines duped passengers with extra carry-on bag fees, saying federal law does not preempt the consumers' New York state law breach of contract claim.

Expert Analysis

  • Justices Could Shape Fiduciary Conduct In 2 ERISA Cases

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    Although two Employee Retirement Income Security Act cases recently accepted by the U.S. Supreme Court involve different claims for breach of fiduciary duty, they both demonstrate how procedural decisions can have a substantive effect, says Jason Lacey at Foulston Siefkin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • 5 Insurance Coverage Questions Raised By Opioid Litigation

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    A look at the early footprints left by current opioid litigation reveals two insurance coverage issues in their infancy — whether alleged opioid damages were because of bodily injury or caused by an occurrence — and another three issues likely to be litigated soon, say attorneys at Wargo & French.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

  • Evaluating The Efficacy Of FCC's New Foreign Robocall Rules

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    While there is some evidence that the federal government can effectively target unwanted robocalls from bad actors overseas, the Federal Communications Commission's new international authority may be not be enough to deter international callers, say Robert Gastner and Horace Payne at Eckert Seamans.

  • 7 New Remand And Removal Tricks

    Excerpt from Lexis Practice Advisor
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    New and improved strategies based on recent case law can bring good fortune to removal and remand practice, helping land a client's case in the desired state or federal court, says Jim Wagstaffe at Wagstaffe von Loewenfeldt.

  • From Roundup To Oatmeal: New Trends In Glyphosate Suits

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    Over the past year, three juries have rendered multimillion- and even multibillion-dollar verdicts in favor of plaintiffs alleging that exposure to the herbicide glyphosate gave them cancer. But a new wave of claims asserting that food products have failed to disclose trace amounts of glyphosate faces significant challenges in court, say attorneys at Crowell & Moring.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.

  • Dissecting The Inherent Tension In Today's TCPA Landscape

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    Following the D.C. Circuit's 2018 Telephone Consumer Protection Act decision in ACA International, many expected the Federal Communications Commission to step in with guidance on the statute. But almost a year and a half has passed and the TCPA remains in chaos while the industry waits for new direction, say attorneys with Troutman Sanders.

  • Calif. High Court Limits Class 'Ascertainability' Defense

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    The California Supreme Court's recent decision in Noel v. Thrifty Payless that it was not a plaintiff’s burden to prove that class members were administratively ascertainable at the class certification stage will make it more challenging to defend class actions in our nation’s most populous state, say Brian Frontino and Stephen Newman at Stroock.

  • TCPA Fax Class Actions Could Be An Endangered Species

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    Emerging trends and events are likely to significantly limit plaintiffs' ability to successfully bring fax class actions under the Telephone Consumer Protection Act, says Doug Brown of Rumberger Kirk.

  • Calif. High Court Will Likely Apply Dynamex Retroactively

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    The Ninth Circuit's decision to certify to the California Supreme Court the question of whether its test for worker classification established in Dynamex applies retroactively may end up in the dustbin of history, as there are no signs that the California justices will conclude retroactivity was a mistake, say Ben Ebbink and Rich Meneghello at Fisher Phillips.

  • Debunking 3 Myths About Contract Attorneys

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    Although contract attorneys represent a quality source of legal work, inaccurate assumptions cause many legal departments and law firms to hesitate when considering them, say Matthew Weaver and Shannon Murphy of Major Lindsey.

  • 5 Best Practices To Avoid TCPA Wrong-Number Claims

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    As Wells Fargo's recent $17.85 million Telephone Consumer Protection Act settlement illustrates, businesses must ensure that TCPA compliance programs include measures to avoid wrong-number calls. There are several steps that can help accomplish this seemingly impossible task, says Amy Gallegos at Jenner & Block.

  • 9th Circ. Clarifies Scope Of SLUSA's Federal Preclusion

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    The Ninth Circuit's decision this month in Banks v. Northern Trust Corporation places a common-sense outer guardrail on the Securities Litigation Uniform Standards Act's "in connection" requirement, but the limitation is so narrow that it's unlikely to preclude SLUSA in most state securities claims, say attorneys at Paul Hastings.

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