Class Action

  • 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.

  • August 04, 2020

    Enterprise Says Virus Layoffs Exempt From WARN Act

    The parent of Enterprise Rent-A-Car has pushed back on a former rental agent's suit claiming the company's coronavirus layoffs violated the WARN Act, insisting that the pandemic falls under the statute's carveout for "unforeseeable" situations.

  • August 03, 2020

    Vizio Sues Insurers For Coverage Of $17M Privacy Deal

    Vizio Inc. has sued two insurers in California federal court, alleging "malicious" conduct in their refusal to indemnify the TV maker for a $17 million settlement of a 2018 multidistrict litigation accusing the company of selling data on consumers' viewing habits without their consent.

  • August 03, 2020

    BofA Accused Of Unauthorized Escrow Account Creation

    Bank of America NA was hit Monday with a proposed class action from a North Carolina resident who alleges the bank has engaged in systematic mistreatment of home loan borrowers, enrolling her and others in mortgage escrow accounts without proper authorization.

  • August 03, 2020

    USCIS Must Print Foreign Citizens' Delayed Work Permits

    U.S. Citizenship and Immigration Service must print work permit cards for foreign citizens with approval to work in the country within seven days, an Ohio federal judge said while granting a temporary restraining order to a putative class of prospective workers Monday.

  • August 03, 2020

    CoreCivic Inks $3.7M Deal To End Attys' Prison Wiretap Claims

    Private prison company CoreCivic and communications company Securus Technologies agreed Friday to pay a class of attorneys $3.7 million in Missouri federal court to end claims it violated wiretapping laws by improperly recording client-attorney conversations and then disseminating the information to law enforcement officials and other third parties.

  • August 03, 2020

    Split 9th Circ. Won't Restart O'Reilly Auto Worker's Break Suit

    A split Ninth Circuit on Monday affirmed a lower court's decision to deny an O'Reilly Auto Parts employee's motion for class certification on rest break claims, saying that although she argued the company's written policy was inconsistent with California law, she failed to show that the unlawful policy had been applied.

  • August 03, 2020

    Glencore Escapes Stock-Drop Suit Over FCPA Probe

    A New Jersey federal judge ruled Friday that a securities suit connected to announced investigations into mining giant Glencore PLC's overseas dealings didn't belong in her court.

  • August 03, 2020

    Uber Win Stands Despite Arbitrator's Bad Joke, Rakoff Says

    New York federal judge Jed S. Rakoff on Monday upheld Uber's arbitration win in a proposed antitrust class action challenging its pricing practices, finding the arbitrator's "perhaps inappropriate" joke about needing security if he ruled against the ride-hailing giant did not show bias.

  • August 03, 2020

    Southwest Again Aims To Dismantle COVID-19 Refund Class

    Adding a new plaintiff to a proposed class action against Southwest Airlines doesn't change the fact that the lawsuit is wrong in alleging that the airline is required to refund nonrefundable tickets canceled due to COVID-19, Southwest told a Pennsylvania federal judge Monday.

  • August 03, 2020

    Air Caterer Dodges Ill. Biometric Claims, But Not OT Row

    An Illinois federal judge said Monday he doesn't have subject-matter jurisdiction over accusations an airline catering company's time-tracking practices violate workers' biometric privacy rights, yet the company still must face claims it has not paid employees proper overtime wages under federal law.

  • August 03, 2020

    Wonder Bread Delivery Drivers' Collective Gets Disbanded

    Flowers Foods scored a victory Monday when a Maine federal judge disbanded a collective action accusing the Wonder Bread maker of underpaying drivers, saying the worker behind the suit hadn't done enough to rebut the company's claim that its drivers were exempt from overtime.

  • August 03, 2020

    Egg Co-Ops Tell 3rd Circ. Antitrust Jury Had Right Instructions

    A pair of egg cooperatives battling grocery chain price-fixing allegations alongside the country's second-largest egg producer urged a Third Circuit panel on Friday not to upend a jury verdict nixing the claims, arguing there was nothing wrong with the jury's instructions despite the grocers' complaints.

  • August 03, 2020

    Chicago Eateries, Museums Sue Insurers For Virus Coverage

    A group of popular Chicago eateries, bars and museums have told an Illinois state court their all-risk commercial property insurance should cover losses they sustained in the wake of coronavirus closure orders that left them largely "nonfunctional as restaurants and cultural institutions."

  • August 03, 2020

    Morgan Stanley Hit With Suit Over Sensitive Data Exposures

    Morgan Stanley mistakenly disclosed customers' sensitive information to unknown third parties on two separate occasions in recent years, a pair of customers said in a lawsuit recently filed in a New York federal court, slamming the investment bank for putting thousands at an increased risk of identity theft.

  • August 03, 2020

    Apple Says Samsung Can't Avoid App Store Discovery

    Apple has urged a California federal court to force Samsung to hand over documents the tech giant says it needs to defend against suits from consumers and developers targeting its App Store, contending that information from competitors will show it's not a monopolist.

  • August 03, 2020

    7th Circ. Says Indiana Court Can't Punt OT Suit To Calif.

    The Seventh Circuit on Monday pulled back from California a suit alleging insurance services company Ryze misclassifies workers as overtime-exempt, reversing a ruling that crowding in Indiana's federal dockets justifies disregarding contract language funneling disputes to the Hoosier State.

  • August 03, 2020

    2nd Circ. Revives Stock Suit Against REIT Omega Healthcare

    The Second Circuit on Monday reversed the dismissal of a stock-drop suit accusing the real estate investment trust Omega Healthcare Investors Inc. of failing to disclose a $15 million loan it made to one of its major tenants.

  • August 03, 2020

    'Frustrated' Judge Balks At Ex-Jones Day Attys' 'Delay Tactic'

    A D.C. federal judge on Monday tossed a bid for additional discovery by three female former Jones Day attorneys in a blockbuster pay discrimination proposed class action, saying their request was too broad, but he nevertheless gave them a chance to narrow their demands.

  • August 03, 2020

    McDonald's Franchise Insurer Claims No Virus Suit Coverage

    Employers Preferred Insurance Co. has claimed in Illinois state court that it had no duty to cover a former McDonald's franchise owner's fight against a group of Chicago workers who launched a bid for better coronavirus safety protections.

  • August 03, 2020

    Saul Ewing Slams Mushroom Trade Group's Malpractice Suit

    Fighting a malpractice suit seeking tens of millions of dollars in damages, Saul Ewing Arnstein & Lehr LLP told a Pennsylvania state judge it clearly warned a collective of mushroom growers it represented that the group's banding together could lead to potential antitrust liability.

  • August 03, 2020

    CBS Investors Seek Class Cert. In #MeToo Suit Over Moonves

    CBS Corp. shareholders asked a New York federal judge to certify their proposed class action over revelations about former CEO Les Moonves' alleged sexual misconduct that tanked the broadcasting giant's shares, arguing that they "easily" fulfill all of the federal requirements.

  • August 03, 2020

    Centrus Gets Ohio Residents' Suit Over Site Pollution Thinned

    Centrus Energy Corp. and a slew of other energy and engineering companies have dodged a portion of a proposed class action accusing them of polluting homes near a uranium enrichment facility under an Ohio federal court decision.

  • August 03, 2020

    Hospital Website Privacy Fight To Stay In Federal Court

    A Pennsylvania judge has ruled that the University of Pittsburgh Medical Center was acting under a federal program for enhancing electronic health records when it created its patient portal website, so a proposed class action over whether the site illegally shared patients' identities and search history belongs in federal court.

  • August 03, 2020

    Maxwell House Shorts Buyers On Cups Of Coffee, Suit Claims

    The Kraft Heinz Co., which owns the Maxwell House coffee brand, is being sued in a proposed class action in Pennsylvania federal court by a group of buyers who say the containers of coffee make far fewer cups than advertised.

Expert Analysis

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How NJ Talc Case May Shift NY Courts On Expert Testimony

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    A New Jersey federal court's recent decision in litigation over Johnson & Johnson talc products may help push state courts in neighboring New York further toward using the Daubert evidentiary standard — giving courts a more active gatekeeping role over expert testimony, say attorneys at Darger Errante.

  • 5 ERISA Takeaways From High Court's US Bank Decision

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    In Thole v. U.S. Bank, the U.S. Supreme Court significantly limited pensioners' ability to sue over the mismanagement of an adequately funded defined benefit plan, offering several considerations for Employee Retirement Income Security Act plans and their beneficiaries, says Michael Joyce at Saul Ewing.

  • A New Cost-Effective Approach To Class Action Discovery

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    Courts have traditionally bifurcated discovery into class and merits stages, but businesses facing class actions should consider arguing for a single discovery period covering all issues, say Cole Geddy and Brian Jackson at McGuireWoods.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • The Past Holds Lessons For COVID-19 Mortgage Cases

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    Reviewing the successes and shortcomings of the Home Affordable Modification Program implemented after the 2008 financial crisis can help the mortgage industry mitigate class action litigation risks related to COVID-19, say Brian Forbes and Robert Sparkes at K&L Gates.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Retail Investors Hit By Oil Price Drop May Turn To The Courts

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    The recent large drop in oil prices — and in the prices of futures contracts tied to oil — resulting from the COVID-19 pandemic has generated substantial losses for many retail investors, and precedent suggests this may lead to a wave of litigation against fund managers, say economists at Bates White.

  • Early Securities Litigation Trends Stemming From Recent IPOs

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    Attorneys at WilmerHale analyze Securities Act complaints against companies that went public immediately prior to and during the COVID-19-induced market volatility, providing preliminary insights into whether, when and on what basis recent issuers are facing securities litigation.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

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