Class Action

  • September 10, 2019

    Chinese Tech Co. Beats Illegal Coin Offering Claims

    Chinese technology company Xunlei Ltd. escaped a proposed shareholder class action in New York federal court Tuesday, dodging allegations that its cryptocurrency rewards program operated like an initial coin offering and flouted Chinese law.

  • September 10, 2019

    Moms Retry Class Cert. In UnitedHealth Breastfeeding Suit

    A group of mothers accusing UnitedHealth Group of failing to cover breastfeeding services in violation of federal benefits and health care laws has renewed its plea to a California federal judge for class certification after tailoring the classes to address the judge’s previous concerns.

  • September 10, 2019

    Bondholder Can't Claim Fraud From Unseen Docs, VW Says

    A bondholder couldn't have been duped into buying allegedly overpriced Volkswagen bonds if it never saw — much less read — offering documents it claimed concealed the automaker's emissions-cheating scandal, Volkswagen told a California federal court Monday.

  • September 10, 2019

    Stem Cell Biz Facing Fraud Claims Declares Bankruptcy

    A medical group facing a certified class action for its alleged fraudulent marketing of stem cell treatments has told a California federal court that it has filed for bankruptcy and will liquidate the business.

  • September 10, 2019

    Workers' Challenge Of 401(k) Fees Time-Barred, BTG Says

    BTG International Inc. told a Pennsylvania federal judge that its former workers waited too long to bring a proposed class action accusing the health care company of violating the Employee Retirement Income Security Act by letting its 401(k) plan pay excessive fees to John Hancock USA.

  • September 10, 2019

    More Firms Pile Onto Seeger Weiss In Concussion Fee Fight

    Zimmerman Reed LLP and Kreindler & Kreindler LLP have added their voices to the growing chorus of attorneys claiming Seeger Weiss LLP shortchanged them for their work on the landmark NFL concussion settlement, in a contentious fee fight in the Third Circuit.

  • September 10, 2019

    Fatburger Parent Co. Tries Again To Escape IPO Suit

    The parent company of fast-food chain Fatburger asked a California federal court to dump its investors' proposed class action over alleged omissions ahead of its $20 million initial public offering, arguing that the third iteration of the suit still fails to plead securities fraud.

  • September 10, 2019

    Raytheon Says Mortality Table Talk Is 'Irrelevant' In ERISA Suit

    Raytheon Co. has urged a Massachusetts federal judge to toss a proposed class action alleging that it used outdated mortality rates to shortchange retirees on benefits, arguing the rates used to calculate alternatives to single life annuity benefits were reasonable.

  • September 10, 2019

    Cookware Co. Takes Heat Over Faulty Nonstick Pans

    A cookware manufacturer is under fire in Illinois federal court as a putative class of buyers allege that its signature nonstick cooking pans fail to live up to the company’s promises of a lifetime guarantee.

  • September 10, 2019

    MoFo Bias Accuser Pans Subpoena To Her New Firm

    A female lawyer who claims Morrison & Foerster LLP sabotaged her efforts to find work after she accused the firm of putting pregnant women on a "mommy track" says MoFo's "wildly overbroad" subpoena for employment records from her new firm is a fishing expedition. 

  • September 10, 2019

    Buca Di Beppo Owner Says No Customers Hurt In Data Breach

    The owner of several restaurant chains including Italian eatery Buca di Beppo has asked a Florida federal court to throw out a suit over a data breach that supposedly involved more than 2 million credit cards, saying there's no evidence that consumers were harmed by the incident.

  • September 10, 2019

    Debt Collector On Hook For $267M In Robocall Damages

    A California federal judge has entered a $267 million judgment against a debt collection agency that a jury had found liable for blasting consumers with more than 534,000 unsolicited robocalls.

  • September 10, 2019

    Purdue, Opioid Distributors Can't Dodge RICO Claims In MDL

    Purdue Pharma and other opioid makers and distributors can't avoid racketeering and corrupt practices charges in sprawling Ohio multidistrict litigation because the suing cities and Native nations have plausibly alleged the companies "associated together for the common purpose of expanding the prescription opioid market," a federal judge ruled Tuesday.

  • September 09, 2019

    Hagens Berman, Cohen Milstein Fee Bid Slammed By Judge

    No client would stand for the “insufficient” way that Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC explained their billing in a $10 million attorney fee bid that followed a deal in an electronics price-fixing proposed class action, a California federal judge said in a fiery order.

  • September 09, 2019

    Facebook Can't Shake Most Of User Data Harvesting MDL

    A California federal judge on Monday kept alive most of multidistrict litigation stemming from Facebook's involvement in the Cambridge Analytica data harvesting scandal, finding that the company's argument that social media users can't expect their information to remain private "could not be more wrong."

  • September 09, 2019

    2 Firms Seek $12M Award For $33M Chemical Price-Fix Deal

    Miller Law LLC and Stearns Weaver Miller Weissler Alhadeff & Sitterson PA are seeking $12 million for striking an “unprecedented” $33 million deal on behalf of a class of water treatment chemical buyers who lodged price-fixing and bid-rigging claims, according to a Friday filing in New Jersey federal court.

  • September 09, 2019

    MIT Epstein Letter Shows Pres. Should Testify, Workers Say

    A letter from MIT’s president addressing donations the school received from the convicted sex offender Jeffrey Epstein demonstrates why he should testify in a trial challenging $23 million in donations MIT allegedly solicited from Fidelity using faculty members’ retirement savings, a class of MIT workers said Monday.

  • September 09, 2019

    Investors Challenge MSG Networks Tender Offer In Chancery

    MSG Networks Inc. investors opened a class suit to block a proposed $250 million common stock self-tender late Friday, alleging company failures to disclose benefits to the controlling Dolan family's media and entertainment empire.

  • September 09, 2019

    Wells Fargo Fights Mortgage Class Action In Calif.

    Wells Fargo & Co. on Monday rejected various claims brought by 15 current and former mortgage borrowers seeking class certifications who alleged the bank should be held liable for denying mortgage aid to hundreds of eligible homeowners, raising more than two dozen affirmative defenses in its answer.

  • September 09, 2019

    AmTrust Escapes Investors' Suit Over Financial Restatements

    A New York federal court on Monday dismissed a proposed class action alleging AmTrust Financial Services Inc. made a series of misstatements about its finances dating back to 2012 that required the insurer to restate its financials and ultimately sunk the company’s stock.

  • September 09, 2019

    Allegiant Air Can't Ground Safety Lapse Stock-Drop Suit

    Allegiant Air must face a trimmed securities class action alleging the low-cost airline hid its poor safety record and lied to investors about maintenance lapses and dangerous incidents, a Nevada federal judge ruled Monday, finding that at least some of the company's disclosures might've misled investors.

  • September 09, 2019

    1st Circ. Skeptical Of F-Squared SEC Disgorgement Clawback

    A First Circuit panel was skeptical Monday that the liquidation trustee for F-Squared Investment Management LLC's bankruptcy estate can claw back a $30 million disgorgement from the SEC, given that F-Squared waived judicial review when it agreed to the payment.

  • September 09, 2019

    Greystar Seeks To Ax Suit Challenging 401(k) Plan Fees

    A unit of real estate management company Greystar Real Estate Partners has asked a Texas federal judge to toss a former employee's proposed class action accusing the company of mismanaging workers' retirement savings, saying an arbitration pact she agreed to dooms her suit.

  • September 09, 2019

    Law Firm Aims To Sink DirecTV Customer's RICO Suit

    A New York law firm wants out of a lawsuit accusing it of helping DirecTV extort unlawful collections from customers, telling a New Jersey federal judge that even after discovery, there's no evidence it was part of a criminal organization.

  • September 09, 2019

    Public Face In FTC's Belize Fraud Case Can't Escape Suit

    A Maryland federal judge has denied a bid by the alleged public face of a Belize real estate enterprise to exit a Federal Trade Commission sales fraud suit, saying the agency has sufficiently shown he’s breaking the law now and may plan to do so in the future.

Expert Analysis

  • Key Defense Strategies For Sports Head Trauma Lawsuits

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    Athletes who claim sports caused brain trauma are increasingly suing teams, leagues, schools and equipment manufacturers — sometimes years after leaving the playing field. And plaintiffs’ lawsuits are making it past dispositive motions, requiring defendants to mount creative defenses against these claims, say Jason Meyer and Robert Olson of Gordon Rees.

  • A Litigator’s Reflections From The Arbitrator’s Chair

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    The U.S. Supreme Court's opinions this term in Henry Schein and Lamps Plus remind us of the fundamental difference between arbitration and litigation. Yet, as a commercial litigator who serves as a neutral arbitrator, I have observed that experienced litigators often fail to adapt their approach in arbitration, says Paula Litt at Honigman.

  • Meeting Calif. Privacy Law's 'Reasonable' Security Standard

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    While the definition of “reasonable” security measures under the California Consumer Privacy Act’s private right of action remains unclear, companies can take certain steps to proactively minimize their data breach risk while also building a defensible security program that can withstand the scrutiny of class action claims, says David Oberly at Blank Rome.

  • 5 Hard Phrases Lawyers Should Master

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    While Kelly Corrigan's popular book, "Tell Me More: Stories About the 12 Hardest Things I’m Learning to Say," focuses on simple words or phrases that individuals can use to improve their personal lives, attorneys can utilize Corrigan's advice for professional benefit, says Karen Ross of Tucker Ellis.

  • And Now A Word From The Panel: 4 MDL Lessons At 40

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    Over the course of this column's 40 installments, the number of individual actions pending in multidistrict litigation proceedings has increased. The MDL process appears to have a magnetic pull to attract new cases at a rapid pace — including cases filed without proper vetting, says Alan Rothman of Arnold & Porter.

  • Opinion

    Time To Resolve Post-Cyan Securities Class Action Confusion

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    Following the U.S. Supreme Court's 2018 Cyan opinion, Securities Act claims that are litigated in a state forum inhibit transparency in the securities class action arena, and congressional intervention is duly warranted to clear the fog for business leaders and their investors, says Nessim Mezrahi of SAR.

  • Opinion

    Securities Litigation Should Not Be Based On Junk Science

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    Federal securities litigation should reject the junk science of the so-called Cammer factors — none of which truly help establish whether the market for a security at issue is efficient — and return to the commonsense approach of the earliest fraud-on-the-market cases, says researcher J.B. Heaton.

  • E-Discovery Experts Could Increase Fed. Court Efficiency

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    As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Opinion

    NY Credit Card Securitization Class Action Misuses Madden

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    In Cohen v. Capital One Funding in New York federal court, the plaintiffs' argument — that special purpose trusts charged and collected interest rates in excess of New York's usury limits — relies on a flawed understanding of the Second Circuit's decision in Madden v. Midland Funding, which was itself erroneous and harmful to credit markets, says Walter Zalenski of Buckley.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • NY Laws May Prompt Uptick In Pay Equity Claims

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    New York recently signed into law a statewide prohibition on salary history inquiries and amended its equal pay law. Attorneys at Morgan Lewis explain the laws’ key provisions and discuss the important takeaways for employers.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • Verifying Confidence Intervals In The Wage-And-Hour Context

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    Using the example of a random sample of wage-and-hour class members, Brian Kriegler at Econ One Research explains how to overcome data challenges that seemingly impede the calculation of reliable confidence intervals for identifying data characteristics of a defined population.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

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