Class Action

  • January 14, 2022

    DC Circ. Wary Of Students' Bid For COVID Tuition Refunds

    The D.C. Circuit on Friday seemed poised to affirm two lower court rulings dismissing lawsuits by American University and George Washington University students seeking refunds over classes forced online due to COVID-19, as the judges said the schools had to go virtual or face criminal and civil penalties under the district's shutdown orders.

  • January 14, 2022

    401(k) Plan Trustees Get Class Cert. In Foreign Tax Credit Row

    A Florida federal judge certified a class of employee retirement plan administrators Friday in a suit accusing a life insurance company of improperly benefiting from $100 million in foreign tax credits and failing to pass along the funds.

  • January 14, 2022

    Security Guards Get Collective Cert. In Wages Dispute

    Security guards employed by a Georgia-based company secured collective certification Friday in their federal lawsuit alleging they were denied proper minimum and overtime wages and that their employer retaliated against them when they asked about the missing funds.

  • January 14, 2022

    Linkedin Divvied Up Market With Facebook, Suit Says

    LinkedIn has been working to monopolize the professional social networking space for years, starting with a secret agreement with Facebook not to encroach upon each other's territory, according to a new proposed class action.

  • January 14, 2022

    Fiat Chrysler Must Face Trimmed Infotainment Defect Suit

    A Michigan federal judge Friday trimmed a consolidated proposed class action alleging certain Chrysler minivans and sedans had malfunctioning infotainment systems, rejecting the consumers' bid to represent a nationwide class, while allowing them to pursue state-based breach of warranty, consumer protection and other claims.

  • January 14, 2022

    Walmart Workers' COVID Temp. Check Suit Trimmed, For Now

    A California federal judge on Friday tossed most of a lawsuit alleging that Walmart failed to pay its workers wages for undergoing COVID-19-related temperature checks before they clocked in for work, among other pay violations, saying the complaint doesn't offer enough specifics while allowing the workers a chance to amend their complaint.

  • January 14, 2022

    Hyzon Motors Hit With Suit Days After SEC Subpoena

    A shareholder of zero-emission hydrogen-fuel automaker Hyzon launched a derivative suit against the company in New York federal court Friday, claiming it made misleading statements ahead of its merger with a special purpose acquisition company to inflate its stock price.

  • January 14, 2022

    Judge Limits Tolling On Retailer Claims In HIV Generics Suit

    A California federal judge has trimmed antitrust claims that retailers including Walgreens and CVS filed against Teva over alleged overcharges for HIV drugs, saying any claims stretching back more than four years from their lawsuits are time-barred.

  • January 14, 2022

    Drivers Denied Class Cert. In VW Preproduction Cars Suit

    A Virginia federal judge has refused to certify a proposed class of car buyers accusing Volkswagen of offloading to consumers test vehicles that were used for auto shows or loaned out to employees and members of the press, saying that the plaintiffs' "disparate amalgamation of claims" make class certification unfeasible.

  • January 14, 2022

    Delaware Suit Means SPACs Will Face Tougher Legal Scrutiny

    Special-purpose acquisition company founders and directors doing business in Delaware will face increased litigation risks unless they provide fuller disclosure before merger proposals or enact other safeguards that can stem accusations of conflicts, experts say, following a recent Chancery Court action.

  • January 14, 2022

    Apple Sued For Fraud Over Headphone Charging Capacity

    Apple is misleading consumers to think its Powerbeats Pro earbuds will hold their charge for up to nine hours, a consumer said in a putative class action filed in New York federal court on Thursday, claiming the earbuds don't perform as promised due to a defect that reduces their charging capacity.

  • January 14, 2022

    Test-Takers Say Pearson's Vein Scans Violate Privacy Rights

    A proposed class of Illinois test-takers hit Pearson Education Inc. on Thursday with state court biometric privacy claims that the company unlawfully requires them to use a device that scans their hands' vein patterns to help verify their identities.

  • January 14, 2022

    Apple Reaches $14.8M Deal To End ICloud Storage Class Suit

    A class of Apple Inc. customers is asking a California federal court to give the go-ahead to a $14.8 million settlement to resolve claims the tech giant misled users about how its iCloud service stored their data.

  • January 14, 2022

    $50M Gold Price-Fixing Deal Against Barclays, Others OK'd

    A New York federal judge granted preliminary approval to the final deal ending claims that banks illegally fixed prices on the gold market, signing off on a $50 million settlement inked by Barclays Bank PLC, Scotiabank, Societe Generale and the London Gold Market Fixing Ltd.

  • January 14, 2022

    Hospital Workers Target Fees Paid By $10B Retirement Plan

    A group of employees hit Mass General Brigham with a proposed class action alleging that the company ran afoul of federal benefits law by letting their $10 billion retirement plan pay millions of dollars more than it should have in administrative fees.

  • January 14, 2022

    Ranbaxy Wants Equal Trial Time In 'Bet The Company' MDL

    Ranbaxy Inc. is urging a Boston federal judge to give it equal time to defend itself in an upcoming "bet the company" trial with tens of billions of dollars potentially at stake on claims it manipulated the drug approval process to block competitors from making generic versions of three drugs.

  • January 13, 2022

    1st Circ. OKs Out-Of-State FLSA Opt-Ins, Creating Circuit Split

    A split First Circuit panel ruled Thursday that workers who live outside the state where a Fair Labor Standards Act collective action is being litigated can opt in and assert overtime wage violations, while a dissenting judge criticized the majority for unnecessarily weighing in and creating a precedent-setting circuit split.

  • January 13, 2022

    Pret A Manger Would Pay $677K To End Fingerprint Suit

    A Pret a Manger employee asked an Illinois federal judge Wednesday to give the first blessing to a $677,000 settlement that would end litigation over accusations that the international sandwich shop unlawfully collected, stored and used employees' fingerprints for timekeeping purposes.

  • January 13, 2022

    7th Circ. Boeing Ruling Tears Open Forum Rift In Delaware

    Boeing shareholders still have an uphill fight ahead after winning a Seventh Circuit ruling that ran right through the crossroads of corporate law and a Catch-22 company bylaw restricting federal derivative claims to Delaware's Chancery Court, which is barred from hearing them.

  • January 13, 2022

    'Someone Is Going To Get Sick': Sutter Judge Eyes Later Trial

    A California federal magistrate judge indicated Thursday that she would further postpone trial in a decade-old $489 million class action alleging Sutter Health engaged in anti-competitive practices, saying that's the "morally correct" move given the omicron surge and that "someone is going to get sick" if the trial begins in January.

  • January 13, 2022

    Investor Alleges Nikola Board Was Blind To Fraud

    A shareholder of battery-electric truck manufacturer Nikola Corp. sued 10 of its officers and directors in Delaware's Court of Chancery for allegedly allowing the company's founder to carry out a criminal fraud leading up to and following its $3.3 billion merger with VectoIQ Acquisition Corp.    

  • January 13, 2022

    2nd Circ. Says Earlier Ruling Disposes Of Delis' Virus Suit

    The Second Circuit upheld tossing a proposed class action coverage dispute Thursday brought by the owners of three delis over pandemic-related losses, saying it previously found that the inability to use a property due to government orders does not constitute physical loss or damage.

  • January 13, 2022

    Cabot Beats Investor Suit Over Groundwater Pollution Claims

    A Texas federal judge dismissed securities fraud claims against Cabot Oil & Gas Corp. on Wednesday, but also decided to give investors one more shot at amending their allegations that the company concealed problems with its environmental controls that caused the pollution of residential groundwater in Pennsylvania.

  • January 13, 2022

    Attys Want $12M After Perrigo Tax Bill Settlement

    Attorneys representing a pair of pension funds in a $31.9 million securities fraud settlement with drugmaker Perrigo asked a New York federal court for $12 million in fees and expenses, saying it's warranted given the litigation's extraordinary demands.

  • January 13, 2022

    Tribe-Linked Lenders Hit With 2nd RICO Suit Over Loans

    Online lender Aaniiih Nakoda Finance LLC was hit with a second proposed class action for racketeering in Illinois under the Racketeer Influenced and Corrupt Organizations Act that accused the company of using a federally recognized tribe as a front to avoid prosecution for its illegal predatory loan scheme. 

Expert Analysis

  • Series

    Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • And Now A Word From The Panel: Checking Out Of An MDL

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    It is rare for an individual action to be remanded out of multidistrict litigation back to the court where it was originally heard, but a pending motion by a plaintiff in the Keurig Green Mountain antitrust MDL illustrates how the process works, says Alan Rothman at Sidley.

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Key Trends In Recent Cyber-Related Securities Class Actions

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    ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • OPT Class Action Settlement Will Help US Retain Talent

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    The agreement reached between the U.S. Citizenship and Immigration Services and applicants for post-graduate optional practical training, to remove unintended obstacles to participation caused by pandemic-related processing delays, signals the government’s recognition that retaining U.S.-educated foreign talent is critical to the economy, says Lindsey Steinberg at Mintz.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • How Websites Can Ward Off Novel State Law Wiretap Suits

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    As plaintiffs' legal theories surrounding wiretapping and the use of third-party analytics tools to collect data have evolved, with attorneys now filing privacy and security-breaching suits under state statutes, there are several strategies websites can employ to guard against these claims and defeat class actions, say attorneys at Perkins Coie.

  • FCC's Reassigned Numbers Data Won't Help TCPA Class Cert.

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    The Federal Communications Commission's reassigned numbers database, which goes live Nov. 1, is poorly suited to overcome the challenges of class certification endemic to wrong-number cases because it was not designed to assist in identifying wrong-number calls or call recipients after the fact, says Debra Aron at Charles River Associates.

  • Mass. 7-Eleven Case Carries Broad Employment Ramifications

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    The 7-Eleven worker classification case pending in Massachusetts' highest court calls franchising models into question and is likely to have repercussions beyond the Bay State as various local, state and federal regulators try to apply employment law to business relationships that may not fall neatly into either the employee or independent contractor category, says Hugh Murray at McCarter & English.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • 2nd Circ. Vitamin C Price-Fixing Decree Goes Beyond Antitrust

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    The Second Circuit's recent dismissal of antitrust price-fixing claims against two Chinese vitamin C exporters carries broad implications as to the sources and authorities litigants should present in advancing interpretations of foreign law, say attorneys at Cleary.

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