Class Action

  • September 12, 2019

    6th Circ. Axes Workers' Fiat Chrysler-UAW Collusion Suit

    The Sixth Circuit on Thursday ruled that Fiat Chrysler workers don't have a right to sue the company and the United Automobile Workers for colluding against their interests during collective bargaining, affirming a lower court's decision that the employees have not demonstrated any breach of their union contract.

  • September 12, 2019

    Taco Bell Late-Night Drive-Thru Violates Civil Rights, Suit Says

    Taco Bell is committing "systemic civil rights violations" against visually impaired people by offering late-night hours when only drive-thru windows remain open and refusing to serve pedestrians, consumers said in a proposed class action filed Thursday in California federal court.

  • September 12, 2019

    Feds Say Dozens Of Migrant Kids In Class Suit Still Separated

    The Trump administration still hasn't reunited more than two dozen migrant children who were separated from their parents in detention, more than a year after a California federal judge ordered the government to reunify the families and stop the practice, according to a joint status report.

  • September 12, 2019

    Gas Industry Drivers Get Partial Cert. In Pa. FLSA Case

    A Pittsburgh federal judge partly granted collective certification to a group of drilling-industry drivers for an Oakdale, Pennsylvania-based logistics company who claimed they were wrongfully classified as contractors and denied overtime, but declined to expand the class nationwide in her ruling Thursday.

  • September 12, 2019

    Class Cert. Scrubbed In Colgate ‘Natural’ False Ad Suit

    A New York federal judge on Thursday denied class certification to buyers of Colgate-Palmolive Co.'s deodorants and toothpastes, saying they failed to account for how differences in state law would affect their proposed nationwide class.

  • September 12, 2019

    Sick Child, Elderly Woman Fight For Expedited Roundup Trials

    The parents of a 13-year-old girl with non-Hodgkin lymphoma and an 87-year-old woman urged a California judge Thursday to expedite trials over their separate claims that Monsanto's popular Roundup weedkiller caused their cancers, with the girl's parents asking for a Jan. 15 trial date.

  • September 12, 2019

    Attys Push For $63M Fee Award In Alibaba Stock-Drop Suit

    Attorneys who secured a tentative $250 million from Alibaba Group Holding Ltd. to resolve investors’ allegations that it failed to disclose regulatory scrutiny ahead of a $25 billion initial public offering asked a New York federal court Wednesday for $62.5 million in fees.

  • September 12, 2019

    Deutsche Bank's $15M Deal Is 1st In Bond Price-Fixing Suit

    Investors alleging major banks conspired to fix prices for bonds issued by Fannie Mae and other government-sponsored enterprises told a New York federal court that they have their first settlement, unveiling a $15 million deal with Deutsche Bank that includes compliance and cooperation provisions.

  • September 12, 2019

    Tire Cos. Say DOJ Docs Are Off-Limits In Antitrust Row

    Bridgestone Corp. and several other major tire companies have told a Michigan federal court that they should not have to release documents tied to a U.S. Department of Justice antitrust probe of the industry until questions about the purchaser plaintiffs are resolved.

  • September 12, 2019

    Users Target Capital One Cards With Madden-Tied Usury Suit

    New Yorkers who've had to pay interest on their Capital One credit cards hit two companies tied to the bank with an amended putative class action on Wednesday, accusing them of breaking the state's usury laws.

  • September 12, 2019

    One Insurer Settles With NFL In Concussion Coverage Dispute

    The NFL has settled with one insurer in a sprawling lawsuit in New York state court over who will pay for the concussion litigation that led to a landmark 2015 settlement expected to pay out more than $1 billion to retired players.

  • September 12, 2019

    Female Doctors' Pay Suit Decertified, But Heading To Trial

    An Iowa federal judge has ruled that a group of female doctors can proceed with claims a physician network paid them less than their male counterparts, but determined they can't proceed to trial as a unified class because too many unique questions about their pay remain.

  • September 12, 2019

    Vanda Pharma Investor Accuses Brass Of Off-Label Marketing

    A Vanda Pharmaceuticals Inc. investor filed a derivative suit in Delaware federal court Wednesday claiming company officers covered up a "widespread" off-label marketing scheme to sell two drugs to patients they were not meant to treat, leading to a drop in the company's stock price when the scheme came to light.

  • September 12, 2019

    Chipotle Wraps Up False Ad Suit With $6.5M Settlement

    Chipotle Mexican Grill Inc. has agreed to pay $6.5 million to settle claims in California federal court that it deceived customers with an ad campaign promising the restaurants used only non-genetically modified foods.

  • September 12, 2019

    US Women's Soccer Team Moves For Cert. In Pay Equity Suit

    The U.S. Soccer Federation's policies are a "textbook example" of gender discrimination, the women's national soccer team told a California federal judge Wednesday, saying the squad's pay equity suit can be resolved "in one fell swoop" and urging him to grant class certification for past, present and future players.

  • September 12, 2019

    Biopharma Co. Investors Allege Voting Rule Fouls In Del. Suit

    BioDelivery Sciences International Inc. stockholders have sued the specialty pharmaceutical company and its board in Delaware's Chancery Court, accusing its directors of enacting charter amendments without proper approval that ended staggered director terms and changed stockholder voting rules.

  • September 12, 2019

    MIT To Settle ERISA Suit On Eve Of Trial

    The Massachusetts Institute of Technology and a class of employees have agreed in principle to settle a lawsuit alleging the university violated the Employee Retirement Income Security Act by mismanaging its 401(k) plan, according to a court filing Thursday.

  • September 12, 2019

    Arconic Tells Judge To Toss Latest Grenfell Fire Stock Suit

    Lawyers for Arconic Inc. said late Wednesday that investors failed in their third attempt to claim the company and its former CEO made false statements about the safety of one of its products and were responsible for plummeting stock values after the product was implicated in London's fatal 2017 Grenfell Tower fire.

  • September 12, 2019

    Chinese Investors Get Class Cert. In $50M Project Fraud Suit

    An Illinois federal judge on Wednesday granted class certification to a group of Chinese investors who claim they poured about $50 million into a Chicago real estate project as a path to a green card, only to find out nothing was ever built.

  • September 12, 2019

    Uber Hit With Misclassification Suit Invoking Dynamex Bill

    An Uber driver in California slapped the company with a proposed class action alleging she and other drivers were misclassified as independent contractors and shorted on pay, just hours after California lawmakers sent Gov. Gavin Newsom a contentious bill making it harder for businesses to label workers contractors rather than employees.

  • September 12, 2019

    E-Cig Seller Hid SF Ban Ahead Of IPO, Investors Say

    E-cigarette distributor Greenlane Holdings Inc. didn’t tell investors ahead of its $110 million initial public offering that San Francisco — the city where its "key partner," Juul Labs, is headquartered — was planning to ban the vaping devices, according to a proposed class action in Florida federal court Wednesday.

  • September 12, 2019

    Parents Lose Class Cert. Bid In Pop Warner Concussion Suit

    A California federal judge on Wednesday denied class certification to parents accusing Pop Warner of deceiving them about the risks of head injuries their children would face, saying they haven't shown that the organization told all parents the same things.

  • September 11, 2019

    Atty Slams Bid To Remove Judge From BP Oil Spill MDL

    A Louisiana federal court should deny a Florida attorney's motion for a judge to recuse himself from sprawling multidistrict litigation over the 2010 Deepwater Horizon oil spill as the alleged conflicts are minimal at best, irrelevant to present matters and have since been mitigated, a Louisiana lawyer has argued.

  • September 11, 2019

    US Defends Family Separations In Cases With Criminal Past

    The Trump administration defended its practice of separating immigrant children at the border from parents with criminal backgrounds, saying in response to a lawsuit from the American Civil Liberties Union that its authority to do so has already been established.

  • September 11, 2019

    6th Circ. Won't Reinstate DQ'd BakerHostetler In Opioid MDL

    The Sixth Circuit has rejected a bid by two Endo units to order an Ohio federal court to vacate its order disqualifying a former U.S. attorney and her firm BakerHostetler from representing the companies in sprawling Ohio multidistrict litigation involving racketeering and corrupt practices charges against various opioid makers and distributors.

Expert Analysis

  • 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.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • When FCPA Violations Turn Into Private Securities Cases

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    In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • A Closer Look At Calif. Privacy Law Bar On 2 Contract Clauses

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    It seems likely that practitioners will have a strong argument that the California Consumer Privacy Act’s prohibition on arbitration and class action waivers should be preempted by the Federal Arbitration Act, say Alexis Miller Buese and Rachel Goldberg of Sidley Austin.

  • The Supreme Court’s Stealth Revolution In Civil Procedure

    Excerpt from Lexis Practice Advisor
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    Over the last decade, U.S. Supreme Court decisions have created several procedural weapons, including personal jurisdiction, venue forum selection clauses, gatekeeping rules for pleadings, arbitration protections for businesses, and limits on class actions, says Jim Wagstaffe of Wagstaffe von Loewenfeldt.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • How Opioid 'Negotiating Class' Would Affect Civil Claims

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    The opioid multidistrict litigation plaintiffs' proposal for the first ever "negotiating class" highlights numerous issues with using civil litigation to create funding for a social crisis without regard to fundamental legal tenets, says Adam Fleischer of BatesCarey.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

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