Class Action

  • September 10, 2019

    Raytheon Says Mortality Table Talk Is 'Irrelevant' In ERISA Suit

    Raytheon Co. has urged a Massachusetts federal judge to toss a proposed class action alleging that it used outdated mortality rates to shortchange retirees on benefits, arguing the rates used to calculate alternatives to single life annuity benefits were reasonable.

  • September 10, 2019

    Cookware Co. Takes Heat Over Faulty Nonstick Pans

    A cookware manufacturer is under fire in Illinois federal court as a putative class of buyers allege that its signature nonstick cooking pans fail to live up to the company’s promises of a lifetime guarantee.

  • September 10, 2019

    MoFo Bias Accuser Pans Subpoena To Her New Firm

    A female lawyer who claims Morrison & Foerster LLP sabotaged her efforts to find work after she accused the firm of putting pregnant women on a "mommy track" says MoFo's "wildly overbroad" subpoena for employment records from her new firm is a fishing expedition. 

  • September 10, 2019

    Buca Di Beppo Owner Says No Customers Hurt In Data Breach

    The owner of several restaurant chains including Italian eatery Buca di Beppo has asked a Florida federal court to throw out a suit over a data breach that supposedly involved more than 2 million credit cards, saying there's no evidence that consumers were harmed by the incident.

  • September 10, 2019

    Debt Collector On Hook For $267M In Robocall Damages

    A California federal judge has entered a $267 million judgment against a debt collection agency that a jury had found liable for blasting consumers with more than 534,000 unsolicited robocalls.

  • September 10, 2019

    Purdue, Opioid Distributors Can't Dodge RICO Claims In MDL

    Purdue Pharma and other opioid makers and distributors can't avoid racketeering and corrupt practices charges in sprawling Ohio multidistrict litigation because the suing cities and Native nations have plausibly alleged the companies "associated together for the common purpose of expanding the prescription opioid market," a federal judge ruled Tuesday.

  • September 09, 2019

    Hagens Berman, Cohen Milstein Fee Bid Slammed By Judge

    No client would stand for the “insufficient” way that Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC explained their billing in a $10 million attorney fee bid that followed a deal in an electronics price-fixing proposed class action, a California federal judge said in a fiery order.

  • September 09, 2019

    Facebook Can't Shake Most Of User Data Harvesting MDL

    A California federal judge on Monday kept alive most of multidistrict litigation stemming from Facebook's involvement in the Cambridge Analytica data harvesting scandal, finding that the company's argument that social media users can't expect their information to remain private "could not be more wrong."

  • September 09, 2019

    2 Firms Seek $12M Award For $33M Chemical Price-Fix Deal

    Miller Law LLC and Stearns Weaver Miller Weissler Alhadeff & Sitterson PA are seeking $12 million for striking an “unprecedented” $33 million deal on behalf of a class of water treatment chemical buyers who lodged price-fixing and bid-rigging claims, according to a Friday filing in New Jersey federal court.

  • September 09, 2019

    MIT Epstein Letter Shows Pres. Should Testify, Workers Say

    A letter from MIT’s president addressing donations the school received from the convicted sex offender Jeffrey Epstein demonstrates why he should testify in a trial challenging $23 million in donations MIT allegedly solicited from Fidelity using faculty members’ retirement savings, a class of MIT workers said Monday.

  • September 09, 2019

    Investors Challenge MSG Networks Tender Offer In Chancery

    MSG Networks Inc. investors opened a class suit to block a proposed $250 million common stock self-tender late Friday, alleging company failures to disclose benefits to the controlling Dolan family's media and entertainment empire.

  • September 09, 2019

    Wells Fargo Fights Mortgage Class Action In Calif.

    Wells Fargo on Monday rejected various claims brought by 15 current and former mortgage borrowers seeking class certifications who alleged the bank should be held liable for denying mortgage aid to hundreds of eligible homeowners, raising more than two dozen affirmative defenses in its answer.

  • September 09, 2019

    AmTrust Escapes Investors' Suit Over Financial Restatements

    A New York federal court on Monday dismissed a proposed class action alleging AmTrust Financial Services Inc. made a series of misstatements about its finances dating back to 2012 that required the insurer to restate its financials and ultimately sunk the company’s stock.

  • September 09, 2019

    Allegiant Air Can't Ground Safety Lapse Stock-Drop Suit

    Allegiant Air must face a trimmed securities class action alleging the low-cost airline hid its poor safety record and lied to investors about maintenance lapses and dangerous incidents, a Nevada federal judge ruled Monday, finding that at least some of the company's disclosures might've misled investors.

  • September 09, 2019

    1st Circ. Skeptical Of F-Squared SEC Disgorgement Clawback

    A First Circuit panel was skeptical Monday that the liquidation trustee for F-Squared Investment Management LLC's bankruptcy estate can claw back a $30 million disgorgement from the SEC, given that F-Squared waived judicial review when it agreed to the payment.

  • September 09, 2019

    Greystar Seeks To Ax Suit Challenging 401(k) Plan Fees

    A unit of real estate management company Greystar Real Estate Partners has asked a Texas federal judge to toss a former employee's proposed class action accusing the company of mismanaging workers' retirement savings, saying an arbitration pact she agreed to dooms her suit.

  • September 09, 2019

    Law Firm Aims To Sink DirecTV Customer's RICO Suit

    A New York law firm wants out of a lawsuit accusing it of helping DirecTV extort unlawful collections from customers, telling a New Jersey federal judge that even after discovery, there's no evidence it was part of a criminal organization.

  • September 09, 2019

    Public Face In FTC's Belize Fraud Case Can't Escape Suit

    A Maryland federal judge has denied a bid by the alleged public face of a Belize real estate enterprise to exit a Federal Trade Commission sales fraud suit, saying the agency has sufficiently shown he’s breaking the law now and may plan to do so in the future.

  • September 09, 2019

    Cohen Milstein Nabs Longtime DOJ Antitrust Litigator In DC

    Cohen Milstein announced Monday that it has hired a veteran antitrust litigator who comes to the plaintiffs firm after 12 years at the U.S. Department of Justice’s Antitrust Division, where he worked on both civil and criminal matters.

  • September 09, 2019

    13 States Urge 6th Circ. To Block Ohio Opioid Bellwether

    Thirteen states and the U.S. Chamber of Commerce on Friday backed a recent bid by the Ohio attorney general to block an upcoming bellwether trial in multidistrict litigation over the opioid crisis, telling the Sixth Circuit that the states are the chief guardians of their citizens’ welfare.

  • September 09, 2019

    VW Dealers' Emissions Losses Already Rectified, Bosch Says

    Bosch has moved to snuff claims from franchised Volkswagen dealers that allege the German auto parts maker is liable for lost profits and diminished inventories stemming from Volkswagen's "clean diesel" emissions cheating scandal, saying Volkswagen already offset the dealers' alleged losses.

  • September 09, 2019

    Firms Ask 3rd Circ. For $600K In Concussion Fee Fight

    Several attorneys representing retired players in the landmark NFL concussion settlement have again reiterated their demand for $600,000 in fees, telling the Third Circuit they clearly improved the deal but were never paid for their work.

  • September 09, 2019

    Mitsuba To Pay $6M To End Windshield Wiper Price-Fix Claims

    A group of windshield wiper buyers asked a Michigan federal judge Friday to approve a $6 million settlement with Mitsuba Corp. and Denso Corp. as part of multidistrict litigation in which the companies have been accused of fixing prices on several types of auto parts.

  • September 09, 2019

    Ill. Appeals Court Tosses $4M Deal In The Body Shop Suit

    An Illinois appellate court has thrown out a roughly $4 million settlement in a class action against The Body Shop over its credit card practices, chiding the lower court for accepting a "prepackaged" deal without "any inquiry or apparent analysis."

  • September 06, 2019

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2019, our list of 175 attorneys under 40 whose legal accomplishments transcend their age.

Expert Analysis

  • 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.

  • Perspectives

    Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • Much-Needed 3rd Circ. Insights On TCPA Fax Issues

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    In two decisions issued in consolidated cases, the Third Circuit recently offered additional substantive guidance on what is and isn't an advertisement under the Telephone Consumer Protection Act, and provided businesses issuing customer surveys through faxes with a safe harbor from TCPA liability, say Samantha Southall and Patrick Doran at Buchanan Ingersoll.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Anticipating Potential Updates To Ill. Biometric Privacy Law

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    Bills introduced in the Illinois Legislature would amend the Biometric Information Privacy Act to remove the private right of action and expand its definition of “biometric identifier." Attorneys at Quarles & Brady discuss the amendments' potential implications and other BIPA issues that could soon be resolved.

  • The Aftermath Of High Court's Class Action Removal Opinion

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    In Home Depot v. Jackson, the U.S. Supreme Court held last week that a third party named as a defendant in a class action counterclaim cannot remove the case to federal court under the Class Action Fairness Act, which will likely lead to many more class actions filed as counterclaims in state court, say attorneys at Mayer Brown.

  • Calif. Employer Strategies For Retrospective Data Collection

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    The Ninth Circuit's recent decision in Vazquez v. Jan-Pro Franchising — allowing the California Supreme Court’s worker classification opinion in Dynamex to be applied retroactively — may result in employers seeking ways to collect retrospective workforce data. There are several techniques to accomplish this, says Elizabeth Arnold of Berkeley Research Group.

  • Class Action Insights From Justices' App Store Opinion

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    The U.S. Supreme Court's recent decision in Apple v. Pepper exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms, and offers an early glimpse into the antitrust approach of Justice Brett Kavanaugh, say Leiv Blad and Rachel Maimin at Lowenstein Sandler.

  • Perspectives

    NLRB Case Hinders Workers' Path To Justice

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    A little-noticed National Labor Relations Board filing has taken the U.S. Supreme Court's 2018 class action waiver decision and turned it into a justification for further limiting workers’ access to courts, says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

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