Class Action

  • January 21, 2022

    Investor Claims Robinhood Concealed Downturn Before IPO

    Trading app Robinhood failed to tell investors that its revenues were dropping when it launched its $2.1 billion initial public offering last year, a shareholder has told a Delaware federal court.

  • January 21, 2022

    Calif. Ends Price-Fixing Fight With Japanese Auto Parts Co.

    California's beef with Japanese auto parts maker KYB Corp. over its role in a scheme to fix the price of shock absorbers quietly ended Thursday when the state's attorney general dropped its suit, declaring the matter fully settled.

  • January 21, 2022

    DHL Beats Claim It Overcharged Garden State Residents

    A New Jersey federal judge dismissed a proposed class action against DHL on Thursday that accused the package delivery corporation of adding a $17 fee for Garden State residents by claiming that the fee represented import duties, ruling the breach of contract claim doesn't apply.

  • January 21, 2022

    Roundup Buyers Seek Up To $45M Economic Loss Settlement

    A proposed class of consumers who bought Monsanto's weedkiller Roundup on Thursday asked a California federal judge to sign off on a settlement of up to $45 million to end their claims that they lost money buying the weedkiller, which has been accused of causing cancer.

  • January 21, 2022

    $26B Deal Keeps Opioid Files Of J&J, Distributors Out Of View

    Document disclosure obligations that attorneys have touted as crucial elements of opioid litigation settlements are absent from a $26 billion resolution that Johnson & Johnson and large drug distributors are close to finalizing, hindering the deal's goal of preventing narcotic abuse, experts say.

  • January 21, 2022

    Eatery Fights Zurich's Bid To Escape $1.75M FLSA Settlement

    A Tex-Mex restaurant chain urged a Kansas federal court on Friday to let its promissory estoppel and intentional emotional distress claims against Zurich American Insurance Co. survive, after the insurer tried twice to evade the chain's claims.

  • January 21, 2022

    Google Says States' Ad Antitrust Suit Stifles 'Market Forces'

    Google accused antitrust watchdogs of bridling the free market on Friday as the data giant asked a New York federal judge to dismiss the bulk of 17 attorneys generals' claims that it monopolizes online display advertising.

  • January 21, 2022

    NYU Trims COVID Suit But Can't Ditch Campus Fees Claims

    A federal judge has trimmed a proposed class action against New York University over its March 2020 COVID-19 closure, cutting claims related to tuition but denying NYU's bid to slash similar claims in connection to fees paid by students for access to campus amenities including health services and university facilities.

  • January 21, 2022

    'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told

    Antitrust advocacy groups want the Third Circuit to reverse a Pennsylvania federal judge's decision refusing to certify a class of end-payors alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals delaying generic forms of cholesterol drug Niaspan, arguing there's ample data to identify class members.

  • January 21, 2022

    Drivers Say Courier Co. Withholds OT, Steals Tips

    Courier service Same Day Delivery Inc. does not pay its drivers for overtime and unlawfully takes a cut of their tips while committing multiple additional violations of state and federal wage law, according to a proposed class action by five of the firm's workers.

  • January 21, 2022

    DISH Network Sued Over 401(k) Fees, Investment Lineup

    DISH Network was hit with a proposed class action in Colorado federal court by ex-workers who say the cable company violated federal benefits law by saddling their $841 million retirement plan with excessive administrative costs and offering expensive investment options that didn't perform well.

  • January 21, 2022

    J2 Class Attys Get $2M For Saving $25M On Insider Deal

    Two firms representing digital media business J2 Global Inc. investors have nabbed $1.95 million in connection with a settlement ending a Delaware Chancery Court suit that challenged an investment contract worth millions made to a fund chaired by J2's chairman.

  • January 21, 2022

    Atty In Mask Suit To Seek Ethics Opinion Over Fronting Fees

    The attorney for dozens of shoppers challenging a Pennsylvania grocery chain's mask mandate can seek ethics experts' opinions on whether his firm can front two plaintiffs' sanctions over discovery delays, a federal judge has ruled.

  • January 20, 2022

    Judge In Citigroup Bond-Rigging Case Says He Held Co. Stock

    The New York federal judge who presided over sprawling investor litigation involving Citigroup held stock in the company while overseeing the bond-rigging allegations, a court clerk informed the parties in the case on Thursday.

  • January 20, 2022

    Geico Gets Pandemic Insurance Refund Suit Cut, For Now

    A California federal judge on Thursday trimmed a proposed class action accusing Geico of refusing to pay back overcharged premiums when fewer people drove on the roads and submitted car accident claims during the pandemic.

  • January 20, 2022

    Health Co. Gets ERISA Suit Booted To Arbitration

    A Florida federal court on Thursday granted a health care company's push to send a proposed class action challenging allegedly excessive retirement plan fees to arbitration, backing the validity of the plan's arbitration agreement with its participants.

  • January 20, 2022

    Sutter Judge 'Optimistic' Virus Won't Further Delay Jury Trial

    A California federal magistrate judge expressed optimism Thursday that the jury trial in a decade-old $489 million class action alleging Sutter Health engaged in anti-competitive practices can begin Feb. 9 after being derailed by the COVID-19 pandemic, saying she'll require 100% masking and allow some witnesses to appear remotely.

  • January 20, 2022

    Green Dot Investors Can't Get Lead Plaintiff Pick Revised

    A California federal judge won't reconsider whether a group of three institutional investors should collectively be named lead plaintiff in a proposed securities class action accusing fintech company Green Dot of "self-sabotaging" with its business strategy.

  • January 20, 2022

    Facebook Tells 9th Circ. App Developers Lack Standing

    Facebook has told the Ninth Circuit that developers accusing it of violating antitrust law through acquisitions and by cutting off access to its network were not injured by the alleged activity and thus have no right to sue, while the developers insist the moves completely or partially destroyed their businesses.

  • January 20, 2022

    McDonald's Workers Get Preliminary OK Of $2M Pay Stub Deal

    A California federal judge Thursday preliminarily approved a $2 million settlement and conditionally certified a class of 5,500 workers in a suit accusing McDonald's Restaurants of California Inc. of issuing inaccurate wage statements.

  • January 20, 2022

    Honda Secures $2.9M Deal To End Acura Touch-Screen Suit

    A California federal judge has finalized a nearly $2.9 million settlement ending a class action filed by Honda drivers who claim the automaker installed glitchy touch-screen consoles in certain Acuras.

  • January 20, 2022

    9th Circ. Rejects Pre-Scandal VW Car Owners' Damages Fight

    The Ninth Circuit said Thursday that drivers who sold their Volkswagen cars before the company's emissions-cheating scandal became public cannot sue for damages by claiming they overpaid for vehicles that weren't as environmentally friendly as promised, finding that the drivers' purported out-of-pocket losses weren't quantifiable.

  • January 20, 2022

    DraftKings Settles Claims By Gamblers' Spouses In MDL

    DraftKings has agreed to donate $325,000 to charity and adopt a process for dealing with families of problem gamblers in nearly a dozen states to exit sprawling and contentious multidistrict litigation alleging the online sports betting operator violated consumer protection and anti-gambling laws.

  • January 20, 2022

    Alsup Mulls $113M Atty Fees In $454M Glumetza Antitrust Deal

    U.S. District Judge William H. Alsup said on Thursday he will grant final approval to $454 million in settlements resolving direct Glumetza buyers' class claims that drugmakers plotted to delay the generic version of the blockbuster diabetes drug, but said he's still weighing attorneys' $112.8 million fee bid.

  • January 20, 2022

    Investors Say Biotech Co. Altered Alzheimer Drug Data

    Texas-based biotechnology company Cassava Sciences Inc. has oversold to the public and the U.S. Food and Drug Administration the efficacy of its two products that can allegedly detect signs of Alzheimer's disease and treat it, according to a slew of class actions filed in the Lone Star State.

Expert Analysis

  • Humana FLSA Case Shows Risks Of Nurse Misclassification

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    The recent settlement in O'Leary v. Humana Insurance, a Wisconsin federal court case over the Fair Labor Standards Act employment status of 200 registered nurses, demonstrates the potential long-term and unexpected costs of erroneously classifying employees, says John Dudrey at Stoel Rives.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Coca-Cola Plaintiffs' Decert. Highlights Class Claim Problems

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    The Ninth Circuit's recent decertification of a class of plaintiffs suing Coca-Cola over labeling claims illustrates a common class action issue: failure or reversal of class certification due to negligible or subjective harm, but only after a defendant has racked up extensive legal costs, say attorneys at Skadden.

  • Why Slack Decision Struck A Nerve With Corporate America

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    This week's petition to rehear Pirani v. Slack en banc signals corporate interest groups' alarm over the Ninth Circuit's ruling, which upheld investors' standing to pursue claims in connection to direct listing initial public offerings, carrying significant impacts for investor rights and the scope of the Securities Act, say John Browne and Lauren Ormsbee at Bernstein Litowitz.

  • Rebuttal

    Making Arbitration More Efficient Won't Make It More Just

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    A recent Law360 guest article advocates restoring efficiency to the arbitration system, but disregards imbalances that favor companies over individuals, and ignores the fundamental precept that disputes should be resolved accurately and fairly — not simply at the least cost to corporate defendants, say Kelsey Constantin and Spencer Pahlke at Walkup Melodia.

  • 4 Important Class Cert. Issues From 2 Data Breach Cases

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    David Topol and Pamela Signorello at Wiley Rein discuss key issues from two federal courts' opposite class certification determinations in similar data breach cases involving Driveline Retail and Chili's parent company, and argue that how a court credits expert testimony on damages calculations may be a critical driver behind class certification decisions to come.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Series

    Embracing ESG: Cognizant Counsel, CSO Talk Collaboration

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    Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.

  • BGC-Cantor Suit Highlights Independent Directorship Issue

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    The Delaware Chancery Court recently sent breach of fiduciary duties claims to trial in the disputed merger between BGC and a unit of Cantor Fitzgerald, highlighting both the legal benefits of seeking out directors that meet the court's criteria of independence from the controller, and the significant, negative impacts when they are not, say attorneys at Fried Frank.

  • Walmart Deal Could Signal New Wave Of Military Leave Claims

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    While commercial airlines have faced the brunt of paid leave claims under the Uniformed Services Employment and Reemployment Rights Act, Walmart’s recent $10 million class action settlement may represent the beginning of a second wave of military leave lawsuits against nonairline companies with certain risk factors, says Joe Skinner at Husch Blackwell.

  • Ruling Casts Doubt On Ga. Wastewater Treatment Permitting

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    By implicating the Clean Water Act, the Northern District of Georgia's recent decision in Johnson v. 3M upends the state's land application system permitting process, and could entail a complete overhaul of its wastewater treatment regulations, say attorneys at Kazmarek Mowrey.

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • What Enron Scandal Means To Investors 20 Years Later

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    With two decades of hindsight, the legacy of the Enron scandal has proven to be heightened investor awareness of shareholder class action settlements as a critically important tool for recovering losses in the wake of corporate fraud allegations, says Jeffrey Lubitz at ISS Securities Class Action Services.

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