Class Action

  • August 05, 2020

    Grant & Eisenhofer To Lead Suit Over $4B Block.one ICO

    Grant & Eisenhofer PA beat out Selendy & Gay PLLC and Roche Cyrulnik Freedman LLP for the lead counsel role on Tuesday in a newly consolidated proposed class action accusing cryptocurrency issuer Block.one of conducting an unregistered $4 billion initial coin offering.

  • August 05, 2020

    Aussie Banks Can't Duck Rate-Rigging Suit

    A New York federal judge on Tuesday doubled down on his decision to keep two Australian banks as defendants in a proposed class action alleging manipulation of Australia's benchmark interest rate, refusing to dismiss them alongside seven other banks.

  • August 05, 2020

    NM Wants Lake Closed, Blood Tests For PFAS Near Air Bases

    New Mexico has urged a federal court to force the United States Air Force to immediately begin an array of testing for toxic chemicals it has used for decades at two bases in the southwestern state.

  • August 05, 2020

    Dairy Co-Op Says DOJ Amicus Brief Should Be Ignored

    The Dairy Farmers of America blasted the U.S. Department of Justice after it weighed in on an antitrust conspiracy case against the group, writing in a Tuesday filing that the agency's analysis of the issue was "purely academic" and should have "no effect on the progress of this case going forward."

  • August 05, 2020

    Mass General Brigham Can't Duck ERISA Suit Yet, Judge Says

    Mass General Brigham failed to dismiss a suit alleging it shortchanges retirees on their benefits, as a federal judge ruled Wednesday that expert testimony may be needed to determine whether the health system can use a decades-old actuarial table.

  • August 05, 2020

    Camping World's $12.5M Stock-Drop Deal Gets Final OK

    An Illinois federal judge granted final approval on Wednesday to a $12.5 million settlement and $3.75 million fee request ending investors' allegations that Camping World artificially inflated its stock price and paved the way for an insider selling scheme before the price dropped.

  • August 05, 2020

    Whole Foods Tells Judge BLM Mask Ban Just Company Policy

    Whole Foods Market Inc. pushed back against a suit claiming it is flouting federal civil rights law by disciplining employees who wear Black Lives Matter face masks, telling a judge the company is simply enforcing a dress code that bars clothing with slogans or messages while on the job.

  • August 04, 2020

    Investor Says Crypto Execs Trying To Vanish 'Into The Fog'

    A cryptocurrency investor leading a proposed class action alleging Status Research engaged in a $100 million unregistered securities offering has asked a New York federal judge to allow for an alternative way to serve court papers, saying the company's executives may be trying to avoid the case and vanish "into the fog of internet obscurity."

  • August 04, 2020

    NCAA Can't Halt Ruling Uncapping Athlete Education Benefits

    The Ninth Circuit on Tuesday denied the NCAA's bid to pause an order striking down rules that limited the education-related benefits schools may offer athletes, following the organization's bid to have the U.S. Supreme Court take up the case.

  • August 04, 2020

    Drivers Say VW's 'Front Assist' Caused Erratic Braking

    Volkswagen was hit with a proposed consumer class action in Missouri federal court Tuesday alleging it knowingly sold vehicles with defective collision-avoidance technology that would cause the cars to abruptly brake unnecessarily or completely stall on the road.

  • August 04, 2020

    3 Legal Teams Vie To Rep Wells Fargo Investors In PPP Suit

    A trio of legal teams, including attorneys from Pomerantz LLP and the Rosen Law Firm PA, want to lead a proposed class of Wells Fargo investors who allege they were hurt when the company "unfairly allocated" Paycheck Protection Program loans.

  • August 04, 2020

    7th Circ. Says Grubhub Drivers Must Arbitrate Wage Claims

    The Seventh Circuit on Tuesday rejected arguments that Grubhub Inc. delivery drivers are workers engaged in foreign or interstate commerce specifically exempted from the Federal Arbitration Act, affirming lower-court decisions to send a pair of putative wage-and-hour class actions to arbitration.

  • August 04, 2020

    7th Circ. Told Chubb Unit Must Cover Lab's $3.3M TCPA Deal

    Mesa Laboratories Inc. on Tuesday urged the Seventh Circuit to revive its bid to force a Chubb Ltd. unit to cover its $3.3 million class action settlement over unsolicited fax advertisements, saying an Illinois federal judge erroneously found that a policy exclusion for intentional conduct forecloses coverage.

  • August 04, 2020

    Railway Cos. Call DOJ View On Price-Fix Evidence 'Incoherent'

    The U.S. Department of Justice's argument for why the nation's four biggest railway carriers can't block virtually all the evidence brought against them in long-running private antitrust litigation is "incoherent," the companies told a D.C. federal judge Monday.

  • August 04, 2020

    Ill. Judge OKs $588K Deal To End Discriminatory Hiring Row

    An Illinois federal judge on Tuesday granted final approval to a $588K deal that settles allegations national staffing agency MVP subjected a class of Black workers to discriminatory hiring practices.

  • August 04, 2020

    Kellogg Says Buyers Mischaracterized False-Ad Deal Talks

    Kellogg hit back at a group of customers claiming the brand refused to help revise their rejected $20 million settlement to resolve claims the company falsely labeled its sugar-loaded cereals, telling a California federal judge that the buyers tried to secure a new deal that was worse for Kellogg.

  • August 04, 2020

    Ex-Denny's Waitress Can't Get OK For Sweeping Wage Suit

    A federal judge in Miami has declined to greenlight a nationwide class of Denny's servers who allegedly got paid less than minimum wage, saying the former waitress behind the suit hadn't offered enough evidence to justify letting an 8,400-person collective action go forward.

  • August 04, 2020

    Aceto Shareholders Lose Last Shot At Lawsuit

    A Brooklyn federal judge has permanently tossed out a shareholders' lawsuit against former directors and officers of pharmaceutical company Aceto Corp., finding the company had fulfilled its obligations to warn investors about the risks a supply issue would pose to the company in advance of problems with a key supplier.

  • August 04, 2020

    Regal Cinemas Calls Ill. Biometric Law Unconstitutional

    Regal Cinemas argued Monday that a former employee can't advance accusations the company unlawfully collected her and other workers' private finger scan data without informed consent because Illinois' biometric privacy law is unconstitutional and her claims are time-barred.

  • August 04, 2020

    Judge Again Won't Let 2 Cos. Out Of PFAS Litigation

    An Ohio federal judge once again refused to let two companies dodge a firefighter's proposed class action alleging they knowingly exposed people to a toxic group of substances called PFAS, rejecting arguments that the companies' sworn rebuttals should change the result.

  • August 04, 2020

    No Promises Were Broken In Going Virtual, NYU Says

    New York University says a proposed class of students doesn't deserve refunds for the university's transition to remote learning because it continued to deliver on its educational promises despite the COVID-19 pandemic.

  • August 04, 2020

    Bayer Says Essure Settlement Deal In The Works

    Citing "good progress" in settlement talks, Bayer AG said it has set aside nearly $1.5 billion to resolve thousands of cases brought by women alleging the company's Essure birth control device was defective and caused injuries, as well as other litigation matters.

  • August 04, 2020

    Claire's Hit With Customer Suit Over June Data Breach

    A proposed class of Claire's customers has alleged in Illinois state court that the jewelry and accessory retailer failed to take enough security precautions to protect against a June data breach that compromised their personal information, and waited too long to tell them about it.

  • August 04, 2020

    Charter Seeks Ax Or Arbitration In 'Bait-And-Switch' Cable Suit

    Charter Communications asked a Connecticut federal judge on Monday to either toss or send to arbitration a suit from a proposed class of consumers accusing the company of conducting a "bait-and-switch scheme" when marketing its Spectrum cable TV services, claiming the plaintiffs failed to adequately state their consumer protection claims.

  • August 04, 2020

    Coke Wants 9th Circ. To Ditch False Ad Class Cert.

    Coca-Cola Refreshments USA Inc. is asking the Ninth Circuit to undo a class certification in multidistrict litigation alleging it falsely labels its drinks as having no artificial flavors, saying the classes haven't shown they will be harmed without a court injunction.

Expert Analysis

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • Expect A Flood Of COVID-19 Insurance Class Actions In Fla.

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    Florida is likely to attract a disproportionately high share of insurance class actions stemming from COVID-19 due to the state's population density and favorable case law toward policyholders when contract terms are ambiguous, says Alec Schultz at Leon Cosgrove.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • 7th Circ. BIPA Ruling May Alter Section 15(a) Cases In Illinois

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    Illinois courts may rely on the Seventh Circuit's recent procedural ruling in Bryant v. Compass Group to apply a two-year statute of limitations to claims under Section 15(a) of the Illinois Biometric Information Privacy Act, and hold that actions under this section are not insurable, says Al Fowerbaugh at Porter Wright.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Defending Against COVID-19 Tuition Refund Class Actions

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    Students dissatisfied with the transition to remote learning have begun suing schools for tuition refunds, but many of these complaints share potentially dispositive weaknesses, say attorneys at Baker McKenzie

  • Why Fla. Courts Are Split On Unfairness Under Consumer Law

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    Aaron Weiss at Carlton Fields explains the history behind Florida courts’ divide over how to construe the unfairness test under the state’s Deceptive and Unfair Trade Practices Act, and what it means for lawyers, clients and judges navigating the consumer protection litigation landscape.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • 9th Circ. Antitrust Ruling Radically Changes NCAA Sports

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    While a victory for student-athletes, the Ninth Circuit's recent finding that the NCAA violated the Sherman Antitrust Act by restricting grant-in-aid may give schools with wealthy athletic boosters a distinct advantage and make it difficult to maintain a level playing field, say attorneys at Segal McCambridge.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • NY Shareholder Litigation Dismissal Raises Bar For Plaintiffs

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    The New York Supreme Court Commercial Division's recent dismissal of Culligan Soft Water v. Clayton Dubilier & Rice highlights nuances associated with presuit demand and demand futility in shareholder derivative litigation, and imposes a new hurdle for plaintiffs when there is a change in the company's control, say Ian Kerr and Muhammad Faridi at Patterson Belknap.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

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