Class Action

  • August 07, 2020

    Sinclair Investors Get Initial OK For $25M Failed Merger Deal

    A Maryland federal judge has given the initial nod to a deal worth nearly $25 million between Sinclair Broadcast Group Inc. and shareholders that would end allegations the media giant botched a $3.9 billion merger with Tribune Media Co.

  • August 07, 2020

    Ring Can't Force Arbitration In Security Cam False Ad Suit

    A California federal judge won't let Ring LLC send to arbitration a proposed class action alleging it didn't tell consumers that optional features of its security cameras cost more, saying the buyer didn't agree to the arbitration agreement because he never used the products.

  • August 06, 2020

    Chancery Seeks Revlon Check For $1.6B Redbox Parent Sale

    The fate of a Delaware Chancery Court suit targeting the allegedly underpriced, $1.6 billion sale of Redbox owner Outerwall Inc. could hinge in part on when — or if — its directors' conduct should face "enhanced scrutiny" under the state's cornerstone "Revlon" standard, a vice chancellor said Thursday.

  • August 06, 2020

    Ancestry.com Asks To Arbitrate $250M Auto-Renew Suit

    Ancestry.com is seeking to arbitrate a proposed class action accusing the digital family history service of violating California law by automatically renewing memberships without consumers' permission, saying it's not a matter for a San Diego federal court to wade into.

  • August 06, 2020

    Covington Reps Calif. Patients In COVID-19 Outbreak Suit

    Covington & Burling is representing patients at a Southern California psychiatric hospital who seek immediate discharge or transfer due to a coronavirus outbreak that has infected more than 100 patients and caused two deaths, according to a proposed class action filed in California federal court.

  • August 06, 2020

    DEA Beats Discovery Subpoenas In Opioid MDL Bellwether

    The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.

  • August 06, 2020

    7th Circ. Says Class Objectors Must Repay Side Deals

    Three men who made side deals to end their opposition to a class settlement were "falsely flying the class' colors" to extract money from its deal and should be ordered to return their ill-gotten funds, the Seventh Circuit said Thursday.

  • August 06, 2020

    Counsel For 52 Opt-Out VW Drivers Seek $1.5M In Atty Fees

    Lawyers for 52 Volkswagen drivers asked a California federal judge to sign off on $1.5 million in fees and expenses after they negotiated $2.3 million in settlements to avoid another round of trials involving individual consumers seeking damages from the emissions cheating scandal.

  • August 06, 2020

    2nd Circ. Gives Rio Tinto Investor's Fraud Suit Shot To Survive

    The Second Circuit refused Thursday to revive claims from an investor alleging Rio Tinto and former executives concealed problems with a $3.7 billion Mozambican mining project, but did open the door for a claim deemed abandoned to possibly proceed.

  • August 06, 2020

    7th Circ. Revives Continental Premium-Hike Class Suit

    The Seventh Circuit has remanded a lawyer's insurance premium contract suit against Continental Casualty Co., saying it had "many more questions than we can answer" about which law allowed the insurance company to escape the lawsuit.

  • August 06, 2020

    Funko IPO Securities Suit Dismissed In Washington State

    Bobblehead and figurine maker Funko dodged a proposed class action Wednesday when a Washington state judge dismissed with prejudice a lawsuit that alleged the company misled investors during its $116 million initial public offering in 2017, causing its stock price to plummet soon after trading began.

  • August 06, 2020

    Dr Pepper Nears Win In 'Natural' Applesauce False Ad Fight

    A California federal judge said Thursday she's inclined to toss a proposed class action alleging a Dr Pepper subsidiary falsely advertises its Mott's applesauce as "natural" when it contains trace levels of pesticides, saying organic products can contain pesticides and it's "highly unlikely" that the FDA would impose stricter limits.

  • August 06, 2020

    Judge Rips 'Cavalier' Approach To Virus Safety In ICE Facility

    A California federal judge on Thursday ordered U.S. Immigration and Customs Enforcement to conduct weekly, rapid-result coronavirus tests on immigrants in a detention center facing an outbreak, saying the agency approached inmate health in a "cavalier fashion" and no longer had credibility to avoid the measure.

  • August 06, 2020

    Android Users Accuse Google Of Spying To Build Next TikTok

    Google LLC is monitoring Android smartphone users without their knowledge and harvesting their data, which the search giant intends to use to create a competitor to the short-form video app TikTok, according to a putative privacy class action filed in California federal court Wednesday.

  • August 06, 2020

    DoorDash Customer Must Arbitrate Calif. Deceptive Tips Suit

    A California federal judge on Wednesday sent to arbitration a lawsuit accusing DoorDash of deceptively using customers' tips to meet minimum base pay for drivers, saying the app-based food delivery company's terms and conditions for all users included a clear and valid arbitration provision.

  • August 06, 2020

    Disney, Viacom Agree To Limit Data Collection In Kids Apps

    Disney, Viacom, Kiloo and several other companies inked settlements Wednesday with parents who accused them in California federal court of selling information surreptitiously culled from children's video games, with the media companies agreeing to limitations on advertising and information gathering that could impact thousands of apps and games.

  • August 06, 2020

    Retailers Face Uphill Fight For Cert. In Glumetza Price-Fix Suit

    U.S. District Judge William Alsup appeared skeptical on Thursday of a bid to certify a class of retailers who accuse drugmakers of violating antitrust laws by blocking a generic version of the diabetes drug Glumetza, saying he can't "kick the can down the road" and ignore potential proof of harm differences.

  • August 06, 2020

    Pharmacies Can't Dodge Ohio Opioid MDL's 2021 Bellwether

    The Ohio federal judge overseeing opioid multidistrict litigation has refused to toss two Ohio counties' bellwether cases against pharmacies, allowing their public nuisance claims over the dispensing and distribution of opioids to move forward.

  • August 06, 2020

    Too Many Cooks In Kitchen, Scope Co. Says In Price-Fix Row

    Telescope maker Celestron has urged a California federal judge to reject a plan to appoint different firms as co-lead counsel in a proposed class action that accuses the company of working with rivals to hike the price of the stargazing devices.

  • August 06, 2020

    Trump NDA Put Staff At 'Intolerable Risk,' Press Group Says

    Broad nondisclosure agreements leave campaign workers perilously exposed to civil liability, a press freedom group told a Manhattan federal judge Thursday, weighing in on a former Donald Trump campaign worker's challenge to what she calls an unlawful contract signed in 2016.

  • August 06, 2020

    Arkema Tells 5th Circ. To Undo Certification In Explosion Suit

    A Texas federal judge wrongly granted class certification to a group of Houston-area property owners who are suing Arkema Inc. over an explosion and subsequent chemical release that took place during 2017's Hurricane Harvey, the Fifth Circuit was told in oral arguments Thursday.

  • August 06, 2020

    Bond Holders Bid For Cert. Against BofA Over 'Lost' Bonds

    Bank of America bond holders on Wednesday asked a federal judge in Washington state to certify a proposed class of customers, alleging that the bank refused to pay out their bonds because it or its predecessor banks lost or destroyed records.

  • August 06, 2020

    Coronavirus Litigation: The Week In Review

    Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic. 

  • August 06, 2020

    MDL Denied For Suits Against Banks Over PPP Agent Fees

    The Judicial Panel on Multidistrict Litigation said it will not consolidate class actions accusing more than 100 banks of withholding processing fees to agents that helped small businesses apply for federal coronavirus relief loans, ruling centralization would not help resolve the claims.

  • August 06, 2020

    US Must Face Stimulus Check Suit By Spouses Of Immigrants

    The IRS and U.S. Treasury Department must face a suit brought by Americans who lost out on their federal stimulus checks because they are married to immigrants without Social Security numbers, a Maryland federal court said.

Expert Analysis

  • Keeping Data-Breach Reports Confidential After Capital One

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    Despite a Virginia federal court's recent order that Capital One turn over its digital forensics report in the bank's data breach suit, companies that take certain precautions may nevertheless use their current cybersecurity providers to produce privileged post-breach reports, says cybersecurity consultant John Reed Stark.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • A New Antitrust Approach After Humira 'Patent Thicket' Ruling

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    In light of an Illinois federal court's recent holding that AbbVie's Humira "patent thicket" did not violate antitrust laws, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should focus on conduct and look beyond patent obtainment, says Kevin Nelson at Schiff Hardin.

  • 2nd Circ. Affirms High Corporate Scienter Pleading Standards

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    The Second Circuit’s recent decision in Jackson v. Abernathy provides powerful tools for defendants to argue that a securities fraud plaintiff has not adequately pled corporate scienter in the absence of particularized factual allegations, say attorneys at Cleary.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • 4 Tips For Defending Consolidated Cases

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    Consolidation of plaintiffs may be a trend we'll see more of in the aftermath of COVID-19 court closures, with added risks for those defending such cases before a jury, but running a targeted voir dire and incorporating a strong case theme could go a long way, says Christina Marinakis at Litigation Insights.

  • Opinion

    High Court Should Review Goldman's Maintenance Theory

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    Now that the full Second Circuit has denied rehearing in Arkansas Teacher Retirement System v. Goldman Sachs, the U.S. Supreme Court should review the flawed theory that misstatements can affect stock prices simply by maintaining preexisting inflation, say attorneys at Gibson Dunn.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • 5 Takeaways From Capital One Breach Report Dispute

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    The recent debate over a federal magistrate judge's ordering Capital One to produce a forensic data breach report reveals steps companies can take to make abundantly clear that a report was created in anticipation of litigation in order to protect privilege, say attorneys at Squire Patton.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

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