Class Action

  • September 06, 2019

    9th Circ. Backs Cox's Win In Workers' Commute Pay Suit

    The Ninth Circuit has refused to undo Cox Communications' win in a suit accusing it of violating California law by failing to pay field technicians for their post-work commutes, saying the certified class of workers failed to show the trek home qualified as work requiring pay.

  • September 06, 2019

    Opt-Outs In JP Morgan Suit Ask 7th Circ. To Undo $24M Deal

    A Seventh Circuit judge on Friday said he had trouble seeing how eight class members challenging a $24 million settlement in a suit accusing JP Morgan Chase Bank NA of bias against its African American financial advisers could get appellate relief because they opted out of the monetary portion of the settlement.

  • September 06, 2019

    Mallinckrodt Pays $24M To Exit Opioid MDL Bellwethers

    Mallinckrodt said Friday it will pay $24 million and donate up to $6 million in generic drugs to resolve claims from two Ohio counties that are behind the lead bellwether cases in multidistrict litigation against opioid manufacturers.

  • September 06, 2019

    MIT Workers Won't Call Fidelity CEO As Witness In ERISA Suit

    Massachusetts Institute of Technology workers who say the school violated the Employee Retirement Income Security Act by mismanaging their retirement plan have told a Massachusetts federal judge they won’t call Fidelity’s CEO as a trial witness. 

  • September 06, 2019

    Lowe's Can't Skip Suit Over 401(k) Plan's $1B Investment

    Lowe’s will have to face the bulk of a suit alleging it ran afoul of the Employee Retirement Income Security Act by investing $1 billion of its 401(k) plan’s assets in a poorly performing fund.

  • September 05, 2019

    Lyft Is Hiding 'Sexual Predator Crisis,' Passengers Say

    Ride-hailing service Lyft Inc. allows known sexual predators to transport passengers and routinely hides sexual assault complaints from law enforcement and the general public, according to a lawsuit filed Wednesday by 14 women who say the company is in the midst of a "sexual predator crisis."

  • September 05, 2019

    4 Key Takeaways As Ohio AG Fires Torpedo At Opioid MDL

    Ohio's attorney general is making an eleventh-hour bid to block the first bellwether trial in multidistrict litigation pitting local governments against opioid makers and distributors, but to do so, he must first clear a high bar in showing the state government will be harmed by a trial it is not party to. Here, Law360 explores four key takeaways from the attorney general’s surprise gambit.

  • September 05, 2019

    Facebook Can't Pause Revival Of Spam Suit, 9th Circ. Told

    A man accusing Facebook of bombarding consumers with unwanted texts is urging the Ninth Circuit to refrain from pausing its revival of the dispute while the social media giant appeals the decision to the U.S. Supreme Court, arguing that there's no reason for the high court to review the case. 

  • September 05, 2019

    Beto O'Rourke Must Face Texting Suit Over '18 Campaign

    Former Democratic Rep. Beto O'Rourke's bid to have himself removed as an individual from a lawsuit accusing his 2018 Senate campaign of sending unwanted automated text messages was denied by a Texas federal court.

  • September 05, 2019

    Pa. Atty Can't Get $1.3M Fees From Ex-Partner On Brief Alone

    A Pittsburgh attorney can't force his ex-partner to pay him $1.3 million in fees based solely on a brief entered in state court, a Pennsylvania federal judge ruled Wednesday, though the attorney can use the brief as evidence to seek what he says he is owed.

  • September 05, 2019

    Nissan Denied 9th Circ. Redo In Clutch Defect Class Suit

    Nissan North America Inc. won't get the chance to challenge the Ninth Circuit's revival of a consumer's class certification in his action accusing the automaker of selling vehicles with faulty transmissions, a three-judge panel ruled Thursday.

  • September 05, 2019

    Insurer, Behavioral Health Co. Sued Over Live-In Treatment

    Blue Cross Blue Shield of Florida Inc. and New Directions Behavioral Health LLC were hit with a proposed class action Thursday claiming New Directions' overly restrictive guidelines for covering residential treatment violate the Employee Retirement Income Security Act. 

  • September 05, 2019

    Home Depot Accused Of Violating Ill. Biometric Privacy Law

    Home Depot unlawfully tracked shoppers' movements throughout its 76 Illinois stores using a facial recognition surveillance system, customers have claimed in a proposed class action filed in Georgia federal court.

  • September 05, 2019

    Pa. Judge Questions Standing For Health Fund In Opioid Case

    A Pennsylvania judge expressed skepticism during a hearing on Thursday over whether a health benefits fund had standing to bring claims against drugmakers and distributors in one of four test cases in a coordinated litigation program over costs borne from the opioid crisis.

  • September 05, 2019

    2nd Circ. Revives Objector's Fee Fight In $3B Petrobras Deal

    A man who saved a class of investors $46 million in legal fees stemming from their $3 billion settlement with Brazil's state-run oil giant Petrobras will get another opportunity to secure more than $11,732 for his efforts, the Second Circuit ruled Thursday.

  • September 05, 2019

    Trucking Co. Must Face Bulk Of Driver's Fingerprint Data Suit

    A truck driver can advance claims that a freight moving company violated his biometric privacy rights by collecting and disseminating his fingerprints without consent, but will first have to replead his claim that the company did so recklessly, an Illinois federal judge said Thursday.

  • September 05, 2019

    Judge Recommends Sacking Ex-NFL Player's ERISA Suit

    A federal magistrate judge Thursday recommended spiking a former National Football League safety's lawsuit against the NFL players' union, saying he found no credence to allegations that players weren’t properly informed about their retirement benefits.

  • September 05, 2019

    Firm Lacks Footing For Bankruptcy Software Antitrust Suit

    An Illinois law firm can’t sue a bankruptcy software provider for violating state antitrust laws by allegedly conspiring with its competitors to fix the price of their services because the firm doesn’t even purchase those services, the Seventh Circuit said on Thursday.

  • September 05, 2019

    Class Counsel Takes $3M Haircut As $110M Fiat Deal Gets OK

    A Manhattan federal judge on Thursday approved a $110 million settlement for Fiat Chrysler investors who sued when the automaker's alleged lies about emissions practices came to light, but he lopped about $3 million from a $32.2 million fee request made by lawyers who brought the class action.

  • September 05, 2019

    ICE Must Consider Asylum Seekers For Parole, Court Says

    Immigration officials in New Orleans must stop ignoring a government policy that allows detained asylum seekers to be paroled, a D.C. federal judge ruled Thursday, saying there was strong evidence that officials in the Louisiana city had been flouting the directive.

  • September 05, 2019

    Colgate Tries To Narrow ERISA Suit Over Lump-Sum Payouts

    Colgate-Palmolive Co. has asked a New York federal judge to pare down a class action by retirees who received lump-sum benefits payments they claim were too small, saying its retirement plan committee had wide latitude to decide how much the former workers were owed.

  • September 05, 2019

    Public Justice Clarifies Commerce Exemption In GrubHub Suit

    Legal advocates at Public Justice PC have weighed in on a bid by GrubHub Inc. delivery drivers to keep their proposed wage-and-hour class action in court, telling the Seventh Circuit that all workers engaged in interstate commerce are exempt from arbitration.

  • September 05, 2019

    Class Attys Nab $8.4M Cut Of $24M Anthem 401(k) Settlement

    Attorneys for a class of employees who obtained a $24 million settlement with an Anthem Inc. subsidiary over claims the company saddled its multibillion-dollar 401(k) plan with excessive fees and stuffed it with poor investment options can take home $8.4 million in fees and expenses, an Indiana federal judge has ruled.

  • September 05, 2019

    Most ERISA Claims In Suit Over MIT 401(k) Plan Head To Trial

    On the eve of trial, a Massachusetts federal judge refused to toss the bulk of an Employee Retirement Income Security Act class action accusing the Massachusetts Institute of Technology of costing its 401(k) plan millions of dollars, finding that the school and its workers offered "compelling and competing narratives" in the case.

  • September 05, 2019

    Trader Hits ADM With Ethanol Derivatives Manipulation Suit

    U.S. ethanol producer Archer Daniels Midland Co. manipulated a key ethanol benchmark price, costing traders hundreds of millions of dollars and shorting Swiss company AOT Holding at least $5 million, the trader said Wednesday in a proposed class action in Illinois federal court.

Expert Analysis

  • An Analytical Approach To Defending Securities Class Claims

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    A recent analysis indicates that 33 securities class action complaints filed in the last year contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Verifiable absence of indirect price impact can help directors and officers execute a successful defense to negate class treatment, says Nessim Mezrahi of SAR.

  • Threat Of Sales Tax Overcollection Suits Grows Post-Wayfair

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    Although the full effect of last year's South Dakota v. Wayfair U.S. Supreme Court decision is still uncertain, we expect that the trend of consumer sales tax class actions will grow as retailers struggle to keep up with the proliferation of states' Wayfair regulations, say attorneys at Ropes & Gray.

  • Offshore Rig Ruling Checks State Claims At Shore

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    The U.S. Supreme Court's broad ruling in Parker Drilling v. Newton that federal — not state — wage laws apply to offshore oil workers is an important win for companies with operations on the Outer Continental Shelf, say attorneys at Paul Hastings.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • The 'Newly Acquired Information' Shift In Pharma Litigation

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    Before 2015, most failure-to-warn cases against pharmaceutical companies generally hinged on the adequacy of warnings given to prescribing physicians. But a survey of recent cases reveals that many now turn on whether there is “newly acquired information” permitting the manufacturer to change its labeling, says Richard Dean of Tucker Ellis.

  • Class Action Takeaways From 9th Circ.'s New Hyundai Ruling

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    The Ninth Circuit's latest opinion in the Hyundai and Kia Fuel Economy Litigation addresses how class action settlements should be evaluated. But the importance of the decision goes beyond what it means for class settlements — it reaffirms core principles of litigated motions for class certification, says William Stern of Covington.

  • Why Bellwethers Matter In The Opioid MDL

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    The prescription opioid multidistrict litigation pending before U.S. District Judge Dan Polster in Ohio demonstrates both how hard selecting bellwethers is, and why they must be selected so carefully, say Sarah Angelino and Stephen Copenhaver of Schiff Hardin.

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