Class Action

  • August 06, 2020

    Airbus Investors Say $4B Corruption Deal Crushed Stock

    Defense contractor Airbus SE was hit with a proposed class action Thursday alleging company executives misled investors about corruption probes and a subsequent $4 billion settlement that led to multiple stock drops over a four-year period.

  • August 06, 2020

    American Air Beats Ex-Workers' 401(k) Investment Option Suit

    American Airlines has defeated an ERISA suit alleging its 401(k) plan offered an investment option that benefited the company more than workers, with a Texas federal judge quashing claims that American failed to look out for workers' best interests. 

  • August 06, 2020

    Fed. Circ. Says Judiciary Misspent PACER Fees

    A Federal Circuit panel on Thursday unanimously found the judiciary improperly spent almost $200 million in PACER system fees for unrelated court technology projects, affirming a 2018 D.C. federal district court ruling.

  • August 05, 2020

    Berger Montague Touts Experience In Bid To Lead Fraud Case

    A fight for control of several proposed class action lawsuits accusing invention marketer InventHelp of fraud on Wednesday pitted Berger Montague's years of experience on consumer class actions against Oxman Law Group's extra year of experience on building and filing the first cases against the company.

  • August 05, 2020

    Kraft Heinz Sued Over Maxwell House Coffee Content

    Kraft Heinz was hit with a proposed class action Tuesday in Illinois federal court alleging that its Maxwell House coffee cans overstate how many servings of coffee they contain, following a number of similar suits against other coffee companies.

  • August 05, 2020

    Insurer Faces 3rd Class Suit Over Trips Canceled Due To Virus

    Travel insurer Assicurazioni Generali Group was hit with another proposed class action Wednesday, accusing it of wrongfully denying a trip cancellation claim after the insured was exposed to COVID-19 and went through quarantine.

  • August 05, 2020

    Feds Defend Hotel Detention Of Minors Amid Pandemic

    The federal government has defended its detention of unaccompanied migrant children in hotels during the COVID-19 pandemic, telling a California federal judge that a decades-old settlement over the treatment of minors doesn't apply while they are readied for deportation under a public health order.

  • August 05, 2020

    TikTok Privacy MDL Shipped to Illinois Federal Court

    The Judicial Panel on Multidistrict Litigation on Tuesday centralized in the Northern District of Illinois 10 lawsuits accusing the popular short-form video-sharing app TikTok of violating Illinois' landmark biometric privacy law.

  • August 05, 2020

    Nano Investor Seeks Class Cert. In Crypto Theft Suit

    An investor in the cryptocurrency Nano urged a California federal court to certify his proposed class action over the alleged theft of the coins in a $170 million hack of an Italian trading exchange, arguing that the suit is a "textbook example" of a case that deserves class action treatment.

  • August 05, 2020

    Seton Hall Says NJ Law Bars Grad's Virus Refund Suit

    Seton Hall University has asked a New Jersey federal court to toss a graduate's proposed class action alleging the school provided "subpar" instruction after switching to all-remote learning during the spring 2020 semester due to the COVID-19 pandemic, saying such "educational malpractice" claims are barred under Garden State law.

  • August 05, 2020

    Utah Ends Gold King Fight After EPA Commits $360M

    Utah has agreed to settle with the U.S. Environmental Protection Agency after the federal regulator committed more than $360 million to clean up abandoned mines fouled when millions of gallons of toxic waste was accidentally released into rivers by a government contractor.  

  • August 05, 2020

    Colgate Retirees Want Judge's Final Word For ERISA Appeal

    A class of Colgate-Palmolive retirees wants a New York federal court to "formalize what it has already decided" in their trimmed-down Employee Retirement Income Security Act suit accusing the company of shorting them on lump-sum benefits payments, so that they can appeal their partial loss to the Second Circuit.

  • August 05, 2020

    Netflix, 'Big Short' Director To Make Walmart v. Dukes Series

    Netflix announced Tuesday that it's partnering with the director of "The Big Short" to produce a new limited series titled "Kings of America" inspired by three women who pursued a landmark employment discrimination class action against Walmart that landed before the U.S. Supreme Court in 2011.

  • August 05, 2020

    Spectra Suit Dismissal Invites Mischief, Del. Justices Told

    An attorney for former Spectra Energy Partners LP public investors told the Delaware Supreme Court on Wednesday that the Chancery Court wrongly discounted his chance of success before tossing a suit over a $661 million damage claim targeting an allegedly unfair general partner buyback, a decision that could encourage companies to "game the system."

  • August 05, 2020

    DC Circ. Won't Revive Free Speech Case Against Tech Cos.

    The D.C. Circuit on Wednesday denied conservative group Freedom Watch and activist Laura Loomer's request for the entire bench to rehear their $1.5 billion antitrust and First Amendment claims accusing Google, Facebook, Twitter and Apple of conspiring to suppress conservative viewpoints on their platforms.

  • August 05, 2020

    Small Businesses Denied MDL For Chase Virus Loans Suits

    The U.S. Judicial Panel on Multidistrict Litigation said Wednesday that it will not combine a collection of lawsuits accusing JPMorgan Chase Bank of mishandling small businesses' applications for federal coronavirus relief loans, concluding that there's not enough to be gained by such a move.

  • August 05, 2020

    Alaska Airlines Military Leave Suit Gets Class Treatment

    A Washington federal judge has allowed a suit accusing Alaska Airlines Inc. and a sister carrier of shorting pilots on pay when they took short-term military leave to move forward as a class action, although he narrowed the scope of the classes in the case.

  • August 05, 2020

    Morgan & Morgan Expands To SF With Ex-Robins Kaplan Pair

    Morgan & Morgan has become the latest law firm to launch an outpost in San Francisco this year, hiring two class action attorneys from Robins Kaplan LLP to lead the office, the plaintiffs firm announced Wednesday.

  • August 05, 2020

    EpiPen Buyers Lose Bid For Class Status In ERISA Suit

    A Minnesota federal judge denied class certification to EpiPen buyers Wednesday in a suit accusing Express Scripts, CVS Health and other pharmacy benefit managers of violating the Employee Retirement Income Security Act by causing plan participants to overpay for the device.

  • August 05, 2020

    Market Research Firm Strikes $2.25M Deal To End OT Suit

    Market research firm Information Resources Inc. has agreed to pay $2.25 million to wrap up a proposed class action in California brought by client service managers who claimed they were misclassified as overtime-exempt.

  • August 05, 2020

    UK Traders Made $500M By Causing April Oil Crash, Suit Says

    A London-based firm recently revealed to have made $500 million in trading profits when U.S. oil prices went negative in April has been accused in a civil lawsuit of causing the historic crash with an aggressive price manipulation scheme.

  • August 05, 2020

    DC Court Certifies Narrowed Soldier Class In Citizenship Suit

    A D.C. federal court certified a class of immigrant soldiers alleging recent U.S. Department of Defense policy is blockading their pathway to U.S. citizenship, but not before shaving the class down.

  • August 05, 2020

    Mercyhealth Workers Sue Over 'Millions' In Retirement Losses

    Mercyhealth was sued in Illinois federal court by employees who claim the health care system failed to safeguard its retirement plans against excessive fees and poor investment performance, cutting into the earnings of its 15,000 plan participants and standing out among peers as the only one that paid more than $1 million in fees in 2018.

  • August 05, 2020

    Canopy Says It Warned Investors About Pot Market Risks

    Canopy Growth Corp. asked a New Jersey federal judge to toss a class action filed by shareholders who claim it misled them on the strength of the Canadian cannabis market, saying it had repeatedly warned investors that the market was unpredictable.

  • August 05, 2020

    Uber Eats Wants Out Of Delivery Driver Misclassification Suit

    Uber Technologies Inc. has moved to exit a proposed class action accusing it of misclassifying its Uber Eats drivers as independent contractors, telling a California federal court that the complaint fails to lay out sufficient facts and that its class claims are brought on behalf of drivers who are bound to arbitration.

Expert Analysis

  • M&A Ruling Shows Importance Of Informing Target Boards

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    In Morrison v. Berry, the Delaware Chancery Court's recent dismissal of stockholder claims that advisers aided and abetted a merger target board’s fiduciary breach is a reminder that financial advisers, law firms and M&A buyers should ensure a target board is fully informed, say attorneys at Cleary.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Opinion

    Fed. Courts Are Best Regulator Of Securities Class Actions

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    A recent working paper's position that the U.S. Securities and Exchange Commission is better suited than the federal judiciary to evaluate the statistical threshold on securities class actions contesting market efficiency, price impact and loss causation, would severely inhibit the delivery of justice, says Nessim Mezrahi at SAR.

  • Opinion

    9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic

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    The Ninth Circuit should stop applying more deference to class certification grants than denials, a practice that favors plaintiffs and risks undermining class members' constitutional rights, say attorneys at Gibson Dunn.

  • 4 Clickwrap Pitfalls And How To Avoid Them

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    With the increasing use of electronic agreements during the pandemic, businesses must beware that clickwraps — standard end-user license or terms-and-conditions agreements — can be a hotbed of class action litigation if not done right, say Neel Chatterjee and Victor Wang at Goodwin.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • Opinion

    MDL Decisions Demonstrate The Need For Rule 702 Reform

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    An analysis of 27 recent cases shows that multidistrict litigation courts frequently fail to screen out unreliable expert opinion testimony — making it imperative that the Advisory Committee on Evidence Rules enact amendments to address this problem, say attorneys at Phillips Lytle and King & Spalding.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Retailers Should Look Out For Refund Claims After COVID-19

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    As stores begin to reopen, retailers that face breach of contract or warranty claims concerning product returns and rewards programs can utilize recent favorable case law in their defense, say David Carpenter and Daniella Main at Alston & Bird.

  • Justices' Cert Snub Perpetuates Commodities Act Uncertainty

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    The U.S. Supreme Court's decision Monday not to review Atlantic Trading v. BP means that we will have to wait for another matter to address the Second Circuit's interpretation of tests designed to determine when a Commodity Exchange Act trade occurred domestically, says Katherine Cooper at Murphy & McGonigle.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • March Trading Halts May Complicate Securities Class Actions

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    Trading restrictions used to mitigate COVID-19 market volatility in March may have had the unintended consequence of hampering price discovery, which could in turn impede market efficiency analysis in securities class actions, say consultants at Cornerstone Research.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

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