Class Action

  • July 8, 2019

    Chancery Awards $3M Fees For 'Significant' Bylaws Challenge

    The Delaware Chancery Court on Monday awarded $3 million in fees to an investor who scored a "significant and substantive" win in a case that struck down provisions in three companies' bylaws mandating that federal courts handle securities complaints.

  • July 8, 2019

    In Their Own Words: 9 Partners On Diversity At Work

    We asked nine law firm partners with diverse backgrounds about times when their race, religion or identity unexpectedly came into play with their work. Here, in front of the camera, they share those stories.

  • July 8, 2019

    Speedway Must Face Manager's Overtime Claim, Judge Rules

    A Boston federal judge ruled Monday that Speedway LLC must face a claim it violated the Massachusetts Minimum Fair Wage Act by denying overtime pay to the general manager of a convenience store, saying the question of whether the man is subject to the state's gas station exemption has yet to be resolved.

  • July 8, 2019

    The Best Firms For Minority Equity Partners

    Attorneys of color are still hugely underrepresented in firms’ upper echelons, but Law360’s 2019 Diversity Snapshot shows that some are going above and beyond to put partners of color in their top ranks.

  • July 8, 2019

    Luxottica Settles Out Of 1-800 Contacts Antitrust Case

    Eyewear company Luxottica of America Inc. told a Utah federal court that it had reached a settlement in a case brought by a class of buyers who had accused the company and others of working with 1-800 Contacts to stifle competition for contact lenses.

  • July 8, 2019

    Chinese Education Co. Ducks Investors' Fraud Suit

    A New Jersey federal judge dismissed a proposed class action accusing a China-based education company of downplaying its involvement in overseas college applications, finding in part that anonymous former employees didn’t necessarily have firsthand knowledge of the alleged fraud.

  • July 8, 2019

    Manufacturer Dynacast Hit With Ill. Biometric Privacy Suit

    Dynacast LLC is collecting biometric information from at least 200 Illinois employees for timekeeping purposes, in violation of the state's biometric information privacy law, a former worker claimed in a proposed class action removed to federal court Friday.

  • July 8, 2019

    Atty Fees Trimmed In $1M Tesla Salespeople Settlement

    A California federal judge on Monday trimmed the fees and costs awarded to attorneys representing a class of former Tesla sales advisers accusing the electric carmaker of overtime and meal and rest break violations, chastising the attorneys for "unreasonable" requests before ultimately approving an overall $1 million settlement.

  • July 8, 2019

    Attys Seek $7.8M For $24M Deal In Anthem 401(k) Suit

    Attorneys for a group of employees who sued an Anthem Inc. subsidiary over its multibillion-dollar 401(k) plan's fees and investments asked an Indiana federal judge Friday to award them $7.8 million in fees after they reached a $24 million settlement.

  • July 8, 2019

    Akorn Investors Seek Cert. In Suit Over Failed Merger

    Akorn Inc. investors have asked an Illinois federal judge for class certification in their securities fraud suit claiming the generic-drug maker and its executives falsified regulatory submissions that sunk a multibillion-dollar merger and tanked Akorn's share price.

  • July 8, 2019

    Facebook Says It Didn't Solicit In Texas TCPA Suit

    Facebook has asked a Texas federal judge to dismiss a lawsuit alleging the social media giant violated the Telephone Consumer Protection Act by sending messages to consumers who were on the National Do Not Call Registry, saying the messages at issue aren't solicitations.

  • July 8, 2019

    Ford Fuel Tank Defect Suit Is A Non-Starter, 3rd Circ. Finds

    The Third Circuit decided in a precedential opinion Monday not to revive a proposed class action claiming Ford Motor Co. deliberately hid a defect in its diesel fuel tanks, finding the district court was right to retain jurisdiction on the case even after it denied class certification.

  • July 8, 2019

    BMW Hit With Class Claims Over Motorcycle Gear Displays

    BMW of North America LLC was slammed with a proposed class action Friday alleging the company placed its customers in harm's way by selling motorcycles with defective gear indicators that heightened the risk of accidents and posed other safety issues.

  • July 3, 2019

    Law360’s Diversity Snapshot By The Numbers

    U.S. law firms have been aggressively touting their efforts to advance diversity in their ranks over the past year, but Law360’s annual head count survey shows, at best, incremental progress.

  • July 3, 2019

    Diversity Efforts At Many Firms Ignore Disabled Attorneys

    Data on attorneys with disabilities is scant, but firms with robust outreach programs are discovering just how diverse their ranks are – and can be.

  • July 3, 2019

    The Best Firms For Minority Attorneys

    It’s no secret that the legal industry is one of the least diverse professions in the country. But some law firms have made notable progress. Here are the firms that are making some headway and turning longstanding diversity goals into workplace realities.

  • July 3, 2019

    Despite Progress, Firms Still Slow To Track LGBT Data

    Many law firms are hesitant to ask about attorneys’ sexual orientation, but by not giving lawyers an opportunity to share this information, diversity experts say, firms are selling themselves short.

  • July 3, 2019

    J&J Cash Can't Sway Medicine's High Priests, Surgeon Says

    A heart surgeon testifying Wednesday for Johnson & Johnson in Oklahoma's landmark opioid-crisis trial rejected the possibility that doctors could have been swayed by the company's $30 million annual marketing budget and legion of sales reps, saying that trying to influence someone as educated and independent as a doctor is like "marketing to the pope."

  • July 3, 2019

    Lending Cos. Have Tribal Immunity From Suit: 4th Circ.

    Two lending companies linked to a Michigan tribe can use tribal immunity to shield themselves from proposed class action claims that they charged illegally high interest rates on loans, the Fourth Circuit has ruled, overturning a Virginia federal court’s decision from last year.

  • July 3, 2019

    Consumers Demand Docs In Big Fish Casino Gambling Suits

    Consumers have urged a Washington federal court to order Big Fish Games and former owner Churchill Downs to quickly provide pretrial evidence in two proposed class actions saying their online gaming platform constitutes illegal gambling, arguing the companies can’t force the claims into mandatory arbitration.

  • July 3, 2019

    Ex-Wawa Workers Score Court OK For ERISA Class Action

    A Pennsylvania federal judge has allowed a group of ex-Wawa workers to proceed as a class in their lawsuit accusing the convenience store chain of violating the Employee Retirement Income Security Act by forcing them to divest from the employee stock ownership program.

  • July 3, 2019

    9th Circ. Cancels Oil Industry Class In Pipeline Spill Suit

    The Ninth Circuit on Wednesday overturned a lower court’s decision to certify a subclass of individuals and businesses in the oil industry harmed economically by the Plains All American Pipeline LP oil spill in 2015, saying the circumstances of the class members were too varied.

  • July 3, 2019

    Ford Owner Says Automaker Overstating Fuel Efficiency

    Ford Motor Co., already embroiled in a federal criminal investigation over its emissions certification process, is facing a new civil class action filed July 2 in New Jersey federal court alleging that the automaker erroneously overinflated its vehicles' miles-per-gallon fuel economy ratings to consumers since 2017.

  • July 3, 2019

    $49.5M Real Estate Fraud Not Covered In Policy, Sentinel Says

    A real estate developer is not entitled to coverage in a federal lawsuit claiming it helped to swindle $49.5 million from Chinese investors for a nonexistent 42-story tower project in Chicago, Sentinel Insurance Co. Ltd. said in an Illinois state suit Tuesday.

  • July 3, 2019

    Google Privacy Terms Don’t Cover Secret Tracking, Users Say

    Smartphone users suing Google for allegedly continuing to track their locations in secret even after they toggled off the surveillance features in Google services urged a California federal judge to keep their case afloat, insisting that they deserve the chance to take Google to trial over the “egregious” violations of their privacy.

Expert Analysis

  • New Insights On Applying Daubert At Class Certification

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    In Cole’s Wexford Hotel v. Highmark, a Pennsylvania federal court recently wrestled with the practical aspects of implementing the so-called Daubert standard for expert testimony at the class certification stage. There are three important takeaways from the court's holding, says William DeVinney of BakerHostetler.

  • Opinion

    Time For More Interlocutory Review Of MDL Court Decisions

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    Increasing the availability of appellate review for multidistrict litigation court decisions on an interlocutory basis could provide valuable guidance to MDL courts and increase their efficiency in resolving cases, says Douglas Smith of Kirkland & Ellis.

  • 4 Common TCPA Risks In Text Message Programs

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    Companies that use text messages to communicate with customers have continued to face a surge of Telephone Consumer Protection Act class actions. Attorneys with Eversheds Sutherland discuss the risks associated with using autodialed text messages and how they can be avoided.

  • Unanswered Questions On FDA-USDA Cell Culture Agreement

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    The U.S. Food and Drug Administration and the U.S. Department of Agriculture are dividing up regulatory responsibility for food produced using cell culture technology. But with few details on premarket evaluations, oversight procedures and labeling, companies remain unsure how to proceed, say Robert Hibbert and Amaru Sanchez of Morgan Lewis. 

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • Simple Website Tweaks Can Help Hotels Avoid ADA Claims

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    Hotels have been caught off guard by a new wave of Americans with Disabilities Act litigation related to the description of accessible accommodations on their websites, say Linsey Lovell and Stevan Pardo of Pardo Jackson.

  • Demystifying Damages: 5 Flagrant Fouls Of Financial Experts

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    From unrealistic profit projections to discount rate delusions, financial experts offering testimony on damage awards sometimes go out of bounds. It's important to understand the five flagrant fouls frequently committed by financial experts in the courtroom, say Joseph Galanti and Michelle Gettinger of Grant Thornton.

  • Equal Pay Day And The US Pay Equity Landscape

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    April 2 was Equal Pay Day, symbolizing how far into the current year women must work to reach the same level of compensation that men earned in the prior year. With this in mind, Dan Forman of Carothers DiSante discusses recent Equal Pay Act lawsuits and what to expect in this area going forward.

  • Defending Ill. Biometric Privacy Suits After Rosenbach

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    The Illinois Supreme Court's decision in Rosenbach v. Six Flags effectively foreclosed the argument that a plaintiff lacks statutory standing under the state's Biometric Information Privacy Act because they did not suffer any actual harm. But other defenses to BIPA claims remain, say Mathilda McGee-Tubb and Joshua Briones of Mintz.

  • 3 Things To Expect After NCAA Student-Athlete Pay Decision

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    A California federal court recently found that the NCAA's limits on amounts members can pay student-athletes violate federal antitrust law. John Richard Carrigan of Ogletree discusses the opinion and its potential impact.

  • Unsatisfying Answers In 4th Circ. Retirement Plan Ruling

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    Three initial takeaways from the Fourth Circuit's recent opinion in Brundle v. Wilmington Trust — which will likely harm employee stock ownership plans — all concern the lack of regulatory and judicial guidance for plan fiduciaries, say Chelsea Mikula and Scott Stitt of Tucker Ellis LLP.

  • Expectations For Glyphosate Litigation After Monsanto Verdict

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    As seen in a California jury's $80 million verdict in Hardeman v. Monsanto this week, Monsanto and its Roundup weedkiller are still bearing the brunt of glyphosate litigation, but the agricultural and food industries face litigation risks as well, say John Gardella and Michaela Lancer of CMBG3 Law LLC.

  • Opinion

    Bill Against Forced Arbitration Is A Step In The Right Direction

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    Workers and consumers should not be forced into arbitration as a condition of working for or doing business with a company, and the recently introduced Forced Arbitration Injustice Repeal Act represents the first federal effort to rein in this practice, says Michael Maguire of the American Board of Trial Advocates.

  • And Now A Word From The Panel: An MDL Denial

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    In its recent denial of a motion to create a multidistrict proceeding in response to a “no-poach” clause in a company’s franchise agreements, the Judicial Panel on Multidistrict Litigation emphasized that there must be both “disputed” factual issues and “significant discovery" to justify an MDL, says Alan Rothman of Arnold & Porter.

  • High Court Hints At 3 Possible Outcomes In Deference Fight

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    A Telephone Consumer Protection Act case — PDR Network v. Carlton & Harris Chiropractic — has been viewed as an opportunity for the U.S. Supreme Court to comment further on Chevron deference. Oral arguments Monday revealed several areas of concern for the justices, says Karl Belgum of Nixon Peabody LLP.

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