Class Action

  • July 10, 2019

    Advocacy Groups Say AT&T TCPA Win Is Bad For Consumers

    A pair of consumer advocacy organizations want the Seventh Circuit to overturn a ruling that let AT&T Inc. off the hook in a Telephone Consumer Protection Act suit, as they argued that the decision opens the floodgates for solicitors to pester Americans while dodging liability.

  • July 10, 2019

    Disciplinary Action Omission Prompts Atty Admission Redo

    The normally mundane process of admitting outside attorneys to participate in specific litigation in a jurisdiction to which they are not admitted got complicated for a prominent antitrust plaintiff's bar attorney who initially failed to report years-old disciplinary actions in his application to participate in a New Jersey case.

  • July 10, 2019

    Immigrant Teens' Class Cert. Upheld In ICE Detention Suit

    A D.C. federal judge has rebuffed the U.S. government's attempt to decertify a class of immigrant teenagers accusing the government of violating anti-trafficking laws by detaining them in adult facilities upon turning 18 without first considering less restrictive options.

  • July 10, 2019

    Credit Union Regulator Blocked From Exiting Libor Class

    The National Credit Union Administration can't be excluded from the investor class bringing antitrust actions against several big banks over alleged Libor rigging because it failed to opt out before the deadline, a New York federal judge ruled Wednesday.

  • July 10, 2019

    GSK Gets 2nd Chance To Argue Preemption In Zofran MDL

    A Massachusetts federal judge on Wednesday said GlaxoSmithKline will get another chance to argue that claims its anti-nausea drug Zofran caused birth defects are federally preempted, adding he will seek guidance from the FDA after a landmark high court ruling put the preemption question in his hands.

  • July 10, 2019

    Investors' $1.95M Deal Over Merger Disclosures Gets OK

    A Nebraska federal judge has preliminarily approved a $1.95 million settlement after the Eighth Circuit had revived a proposed investor class action alleging that a biotechnology company excluded important information from pre-merger documents.

  • July 10, 2019

    Deloitte, Sidley Austin, Others Settle Ponzi Claims For $234.6M

    Investors in the now-defunct Aequitas Management LLC have reached more than $234.6 million in settlements with Sidley Austin, Deloitte and others accused of aiding the investment firm's $350 million Ponzi scheme.

  • July 10, 2019

    Kraft Heinz To Fork Over $3M To Settle Workers' Wage Suit

    Kraft Heinz Foods Co. has agreed to pay $3 million to settle a class action on behalf of some 4,000 California workers who claim the food giant violated California labor laws by underpaying them and failing to provide overtime compensation for the better part of a decade.

  • July 10, 2019

    Retailers Retry For Cert. In Visa, AmEx Chip Fraud Risk Suit

    Merchants suing Visa, American Express and other major card networks for allegedly conspiring to dump credit card fraud risk on retailers took their second swipe at class certification, insisting they've tightened up the definitions that a New York federal judge found lacking.

  • July 10, 2019

    Mass. Judge Rejects 6-Month Rule For Immigrant Detention

    A Massachusetts federal judge on Tuesday held that detaining noncitizens without a bond hearing violates due process when that detention is "unreasonably prolonged," but declined a class of immigrants' request to impose a bright-line definition at six months.

  • July 10, 2019

    Online Lending Startup Tries To Push Usury Suit To Arbitration

    Online lending startup MoneyLion told a North Carolina federal court Tuesday that a suit over alleged unlicensed payday lending belongs in arbitration, arguing the proposed class of borrowers had signed valid arbitration agreements when taking out their loans.

  • July 10, 2019

    Ford Ditches Warranty Claims In Defective-Brake Suit

    A Michigan federal judge on Wednesday dismissed half the claims in a proposed class action accusing Ford Motor Co. of selling trucks with defective brakes, finding that replacing a defective part with the same part is not a breach of the company's warranty.

  • July 10, 2019

    Pension Plan Trustees Escape $73M Underfunding Suit

    An Oregon federal judge has agreed to toss a union member's proposed Employee Retirement Income Security Act class action blaming the trustees of his pension plan for a purported $73 million underfunding, but gave him a chance to amend his suit.

  • July 10, 2019

    3M Says Patient Attys' Sanctions Bid Over Docs Retaliatory

    3M Co. urged a Minnesota federal court Wednesday to deny a sanctions bid by lead attorneys representing patients in multidistrict litigation over the company's post-surgery patient warming device, saying the move amounts to retaliation against 3M’s own attempt to hold them in contempt for revealing sealed documents.

  • July 9, 2019

    Delta Fliers' Insurance Kickback Suit Survives Trims

    A Florida federal judge kept alive part of a proposed class action Tuesday alleging Delta Air Lines conspired with an insurer to take kickbacks in exchange for selling trip insurance to ticket buyers.

  • July 9, 2019

    Plaintiff Says Attys Didn't Spur Juror Letter To Roundup Judge

    A man with non-Hodgkin lymphoma pushed back against Monsanto's argument that a biased jury led to its $80 million trial loss in multidistrict litigation over claims its Roundup herbicide causes cancer, arguing that his counsel never told a juror to write a letter urging the judge to preserve the award.

  • July 9, 2019

    RBS, SocGen Can Stay Out Of Forex-Rigging Suit

    A New York federal judge has rejected a bid by investors seeking to restore Royal Bank of Scotland PLC and Societe Generale to the list of foreign exchange dealers tied to a proposed class action accusing the banks of participating in a scheme to rig foreign exchange markets.

  • July 9, 2019

    Passengers' Attys Draw Judge's Ire In Royal Caribbean Case

    Lawyers for passengers suing Royal Caribbean over a 2016 cruise that got caught in a hurricane-strength storm drew some harsh winds themselves from the bench during a hearing Tuesday as a result of shaky facts backing up their claims of misconduct by the cruise line in the litigation.

  • July 9, 2019

    Investors Can't Add Card Transactions To Forex-Rigging Suit

    A New York federal judge ruled Tuesday that it is too late for investors accusing several big banks of rigging the foreign exchange market to add claims based on foreign credit, debit and ATM card transactions.

  • July 9, 2019

    Asus Inks Overheating Laptop Deal Worth Up To $12M

    A group of Asus customers asked a California federal judge to sign off on a combination warranty extension and credit certificate deal worth up to $11.97 million to resolve allegations the company deceptively advertised laptops with power defects that cause them to drain batteries and overheat.

  • July 9, 2019

    BioScrip Investor Wants Option Care Merger Vote Halted

    A BioScrip Inc. investor asked the Delaware Chancery Court on Tuesday for speedy consideration of his request that a shareholder vote on proposals to finalize a merger with another home infusion care provider be halted until more information is provided.

  • July 9, 2019

    NJ Appeals Court Revives Truckers' Wage Deduction Suit

    The New Jersey state appeals court revived a proposed wage class action against a Newark-based trucking company Tuesday, ruling that a lower court prematurely found that the company legally made insurance deductions from the paychecks of two truck drivers.

  • July 9, 2019

    Whirlpool Inks Faulty-Fridge Deal Worth Estimated $21M

    Whirlpool Corp. has hammered out a deal worth an estimated $21 million that aims to resolve a proposed class action over allegedly defective refrigerators, according to filings Monday in California federal court.

  • July 9, 2019

    VW, Audi, Bosch Must Face RICO Action, Salespersons Say

    Salespersons who claim they suffered major financial losses when Volkswagen's emissions cheating scandal blew up in 2015 have urged a California federal judge to keep alive their consolidated racketeering and fraud class action, insisting Volkswagen's global settlement with consumers and regulators doesn't extinguish their claims.

  • July 9, 2019

    TIAA Can't Use Prior Discovery To Skirt Testifying In Yale Case

    Teachers Insurance and Annuity Association of America will have to testify in a suit from Yale University workers accusing the school of mismanaging their retirement savings after a Connecticut federal judge ruled it would be unfair to use testimony from similar Employee Retirement Income Security Act suits instead.

Expert Analysis

  • 'Big Food' Takes Its Turn In The Price-Fixing Spotlight

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    The recent conspiracy suit filed against manufacturers of beef and farm-raised salmon is part of a trend that is likely only the beginning of antitrust attention in the food business, say Scott Wagner and Lori Lustrin of Bilzin Sumberg.

  • The Latest Trends In Multiforum Securities Litigation

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    The intent and purpose of the Private Securities Litigation Reform Act of 1995 and the Securities Litigation Uniform Standards Act of 1998 continue to be eroded as plaintiffs exert pressure on defendants by filing parallel securities actions in both federal and state courts, often simultaneously, say attorneys at Troutman Sanders.

  • Will Calif. High Court Settle TCPA Insurance Question?

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    In Yahoo v. National Union Fire Insurance Co. of Pittsburgh, the Ninth Circuit certified to the California Supreme Court a key question involving personal injury insurance for Telephone Consumer Protection Act allegations. However, the state court could resolve this issue by rejecting the conclusion seemingly invited by the Ninth Circuit, say Laura Brady and Reka Bala of Coughlin Duffy.

  • Filing For Bankruptcy To Manage Opioid Suits Is No Magic Pill

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    Purdue Pharma, one of the prominent defendants in the pending nationwide opioid litigation, recently suggested that it is evaluating filing for bankruptcy. However, it remains unclear how effective Chapter 11 would be in protecting any particular company’s assets or limiting its exposure to this litigation, say attorneys at Cleary.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • Class Arbitration Is Almost Dead

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    The U.S. Supreme Court's recent decision in Lamps Plus v. Varela virtually forecloses a court’s ability to order parties to class arbitration — but one trapdoor remains, say Jay Bogan and Allen Garrett of Kilpatrick Townsend.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • Emulex Highlights Greater Scrutiny Of Issues At High Court

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    A brief review of the procedural history of Emulex v. Varjabedian, and the circumstances giving rise to the U.S. Supreme Court’s abrupt dismissal of the case Tuesday, may provide useful insights for future petitioners seeking the court’s review, say attorneys with Labaton Sucharow.

  • The M&A Aftermath Of High Court's Emulex Punt

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    The U.S. Supreme Court's decision Tuesday to dismiss Emulex v. Varjabedian leaves behind a great deal of confusion in the federal securities laws governing corporate mergers and acquisitions, and there are at least three important consequences, says Lyle Roberts of Shearman & Sterling.

  • Illinois Courts Will Continue To Interpret BIPA Broadly

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    Against the backdrop of the Illinois Supreme Court's Biometric Information Privacy Act opinion in Rosenbach v. Six Flags, an Illinois appellate court's recent decision in Liu v. Four Seasons reinforces that companies must carefully design and implement stringent BIPA policies to protect against class actions and related liability, say attorneys with Eversheds Sutherland.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • ADA May Not Require Compliance Management Policies

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    As demonstrated by a Pennsylvania federal court's recent decision in Mielo v. Steak 'n Shake, it soon may no longer be possible to bring Americans with Disabilities Act claims against a company for failure to enact a policy that requires finding and removing potential physical barriers, say attorneys at Squire Patton Boggs.

  • Are Calif. Real Estate Agents Still Independent Contractors?

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    The California Supreme Court's Dynamex decision makes it very difficult for real estate brokerage firms to continue treating their agents as independent contractors, but there are some glimmers of hope for firms, say Mary Watson Fisher and Anna Greenstin Kudla of Walsworth.

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