Class Action

  • November 24, 2020

    Judge Trims Drivers' Suit Over Cracked Subaru Windshields

    A New Jersey federal judge on Tuesday trimmed several counts from a proposed class action against Subaru over alleged spontaneously cracking windshields but left most counts intact, ruling the consumers can sue over vehicle models they have not owned or leased.

  • November 24, 2020

    2nd Circ. Reverses 1-800-Flowers Investor's $4.9M Win

    The Second Circuit has overturned a decision in a derivative securities suit ordering a hedge fund with a stake in 1-800-Flowers to cough up the $4.9 million it earned buying and selling company stock, finding that questions remain over who controls the shares in the flower delivery retailer.

  • November 24, 2020

    NY Judge 'Surprised' By Fee Application In Libor Rigging Case

    A New York federal judge wasn't happy with the amount of hours or law firms on the attorney fee bill she received in the wake of a $187 million deal with JPMorgan and other major financial institutions over claims of interbank rate rigging, but on Tuesday she granted $45 million in fees anyway.

  • November 24, 2020

    Luckin Coffee, Banks Seek Nix Of Shareholder Securities Suit

    Chinese coffeehouse chain Luckin Coffee and its underwriters filed dual motions Monday asking a New York federal judge to dismiss shareholder class action claims that their negligence and misinformation caused the company's stock to plunge following news of hundreds of millions of dollars in fabricated sales.

  • November 24, 2020

    Chancery Slams Gilead Stonewalling Over Records Demands

    Pointing to "overly aggressive" efforts by Gilead Sciences Inc. to shut down demands for records as part of stockholder investigations into potential company malfeasance over its AIDS drug, a Delaware vice chancellor has ordered the company to cooperate and authorized investors to seek shifting their legal fees to the company, saying Gilead's conduct "epitomizes a trend."

  • November 24, 2020

    NFL Retirement Plan Faces New Suit Over CBA Disability Cuts

    Three former NFL players hit the league's retirement and disability benefits plans with a proposed class action alleging the retirement plan unlawfully shifted benefits between the plans, a move that set up the league and the players union's controversial agreement to cut disability benefits for potentially hundreds of retired players in the labor agreement reached earlier this year. 

  • November 24, 2020

    Suit Says DaVita Cos. Broke Pay Promise During Pandemic

    DaVita subsidiaries denied workers premium pay after the Trump administration declared a public health emergency in response to the novel coronavirus, despite a written policy to pay enhanced wages during a declared emergency, according to a proposed class action removed to Washington state federal court.

  • November 24, 2020

    Mallinckrodt Ch. 11 Pauses Express Scripts Antitrust Claims

    The court overseeing Mallinckrodt's bankruptcy proceedings has paused the city of Rockford, Illinois' separate antitrust case against Express Scripts for allegedly working with the troubled drug company to inflate prices of the hormone treatment Acthar.

  • November 24, 2020

    Ky. Court Orders Pipeline Inspector To Arbitrate OT Claims

    Southern Star Central Gas Pipeline can force an employee of an outside contractor to arbitrate claims that the pipeline company cheated him and others out of overtime pay because his arbitration agreement with his direct employer also covers its clients, a Kentucky federal court has ruled.

  • November 24, 2020

    NJ Immigrant Detainees Get Class Cert. In COVID-19 Suit

    A New Jersey federal judge on Monday certified a class of Elizabeth Detention Center immigrant detainees who allege the government has violated federal COVID-19 safety guidelines by holding them in cramped quarters that are allegedly perfect for spreading the virus, but held off on deciding the merits of the claims.

  • November 24, 2020

    Supreme Court Won't Weigh Nevada's FLSA Immunity Case

    The U.S. Supreme Court declined to take up Nevada's challenge to a Ninth Circuit ruling that said states cannot claim immunity from federal claims they voluntarily sent from state to federal court, allowing a wage collective action to proceed against the state department of corrections.

  • November 24, 2020

    Pa. Retailers Accused Of Wrongly Charging Tax On Masks

    Several Pennsylvania retailers and big-box stores, including Walmart and Home Depot, wrongly charged sales tax on tax-exempt protective face masks and face coverings, claimed a proposed class action filed in a state court.

  • November 24, 2020

    Ex-BofA Worker Sues Bank Over 'Deficient' COBRA Forms

    A former Bank of America employee hit the banking behemoth Tuesday with a proposed class action in Florida federal court, alleging the bank provided him and other employees with noncompliant, "confusing and piecemeal" COBRA notices in an effort to save money, willfully violating the Employee Retirement Income Security Act.

  • November 24, 2020

    Robbins Geller To Lead FirstEnergy Shareholder Suit

    An Ohio federal judge on Monday consolidated two shareholder class actions alleging Ohio utility company FirstEnergy bribed state lawmakers with $60 million to secure a $1.3 billion taxpayer bailout and named Robbins Geller Rudman & Dowd LLP lead counsel for the proposed class.

  • November 24, 2020

    Uber's Employee Status Arguments 'Pure Fiction,' Drivers Say

    Labor groups representing over 50,000 Uber drivers urged the First Circuit on Monday to force the ride-hailing company to recognize them as employees and grant them sick leave during the pandemic, dismissing as "pure fiction" the company's arguments that the drivers are fee-paying customers of its matchmaking service. 

  • November 24, 2020

    Trump Campaign Rally Auto-Text TCPA Suit Tossed

    A federal judge has dismissed a proposed class action accusing President Donald Trump's reelection campaign of sending unsolicited text messages using an autodialer, more than two weeks after Minnesota residents and the company that handles most of the president's political ads reached a stipulation to end the case.

  • November 24, 2020

    Soy Milk Maker Pushes To Toss Vanilla False Ad Claims

    The Hain Celestial Group Inc. is asking a New York federal judge to throw out a suit alleging that its vanilla soy milk misleads consumers into thinking it's made exclusively with vanilla extract, saying reasonable buyers understand the "vanilla" in the product's name refers to its flavoring, not a promise about ingredients.

  • November 23, 2020

    Demoulas Strikes $17.5M Deal In 'Abysmal' 401(k) Plan Suit

    DeMoulas Super Markets Inc. agreed to cough up $17.5 million to end a proposed class action accusing the Massachusetts-based grocery chain of giving thousands of workers just one "abysmal" choice for investing their retirement savings.

  • November 23, 2020

    Victoria's Secret Parent Sued Over 401(k) Plan Fees

    The parent company of Victoria's Secret and Bath and Body Works was hit with a proposed class action Monday accusing the company of violating federal benefits law by failing to take advantage of its $1.6 billion 401(k) plan's size to negotiate lower fees for retirement savers.   

  • November 23, 2020

    Rebuffed By Kaplan, Donziger Atty Calls Out Judges' 'Opacity'

    Chevron foe Steven Donziger's new lawyer questioned Monday who's in charge of given issues relating to Donziger's criminal contempt case, telling U.S. District Judge Lewis Kaplan, the judge in Donziger's civil case, that the situation is beset by "utter opacity."

  • November 23, 2020

    World of Warcraft Co. Faces Privacy Suit Over Tracking Code

    Blizzard Entertainment Inc. has been spying on World of Warcraft players' mouse clicks and keystrokes in violation of California privacy law with the help of a tracking code supplied by Mouseflow Inc., according to a class action filed Friday in California federal court, the second such suit filed last week.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Northrop Ex-Workers Get 2 Subclasses OK'd In ERISA Suit

    An Illinois federal judge on Monday certified two subclasses of former Northrop Grumman employees in a class action accusing the company of violating ERISA by only telling certain laid-off workers about cash severance benefits.

  • November 23, 2020

    Biotech Co. Defeats Investor Suit Over Short-Seller Reports

    A Utah federal judge granted a dismissal with prejudice on Sunday of claims that the biotechnology firm PolarityTE Inc. misled investors about patent rejections detailed in short-seller reports from 2017 and 2018.

  • November 23, 2020

    Jacoby & Meyers Slams Renewed Cert. Bid In Billing Suit

    Jacoby & Meyers LLP and Finkelstein & Partners LLP slammed a motion by a proposed class of ex-clients to renew a class certification bid in a billing suit, arguing Friday that the members are not typical of most certified classes and that they don't show that common issues dominate their action.

Expert Analysis

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • When A Product Liability Case Can't Survive Outside An MDL

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    Baca v. Johnson & Johnson, a recent pelvic mesh lawsuit brought in Arizona federal court, is a perfect example of how some product liability cases that might be accepted in a multidistrict litigation contain deficiencies that cannot withstand scrutiny when tried individually, says Rachel Weil at Reed Smith.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Divergent Insurance Rulings Portend More Virus Litigation

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    A North Carolina state court and Mississippi federal court recently reached opposing conclusions in COVID-19 insurance coverage lawsuits despite analyzing similar business interruption policy language, likely encouraging further litigation over unsettled coverage questions, says Mark Binsky at Abrams Gorelick.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Ponzi Ruling Complicates Texas Fraudulent Transfer Litigation

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    The Fifth Circuit recently ruled that reliance on the Texas Uniform Fraudulent Transfer Act’s good faith affirmative defense required a diligent investigation in a Stanford International Bank Ponzi scheme case, but lack of clarity on what that entails leaves questions open for future fraudulent transfer litigation, say Joe Wielebinski and Matthias Kleinsasser at Winstead.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

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