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Class Action

  • June 20, 2018

    3rd Circ. Backs Coke's Win In Ex-Worker's Data Breach Suit

    The Third Circuit on Wednesday backed a Pennsylvania federal court’s decision to kill a former Coca Cola Co. employee's putative class action over identity theft that allegedly stemmed from the theft of old work computers, finding the former employee can’t show he was damaged as a result of Coke’s conduct.

  • June 20, 2018

    Comcast Opened Xfinity Accounts Without OK, Customers Say

    A proposed class of Comcast Corp. customers slapped the company with a lawsuit in Illinois federal court Tuesday claiming it shared their personal data with a subsidiary to help launch its Xfinity Mobile service, which led to unauthorized parties using that data to order cellphones and shoulder the customers with the charges.

  • June 20, 2018

    Bondholders Defend Amended VW Emissions Fraud Suit

    Bondholders told a California federal judge Tuesday that they’ve sufficiently alleged in their proposed class action that they were defrauded by Volkswagen AG, its U.S. unit and top executives who issued misleading bond offering documents that concealed the German automaker’s 2015 diesel emissions scandal.

  • June 20, 2018

    Allergan Denies Delaying Restasis Generic In Bid To Stop MDL

    Allergan Inc. asked a New York federal court to throw out multidistrict litigation over its alleged effort to delay the launch of a generic version of Restasis, the company’s dry-eye medication, saying there’s no evidence its actions caused a generic not to be approved.

  • June 20, 2018

    Bard Can't Get New Trial After $3.6M Vein Filter Verdict

    Medical device maker C.R. Bard is stuck with a $3.6 million jury verdict awarded in a multidistrict litigation test trial over the safety of its clot-stopping vein filters, after an Arizona federal court denied Bard’s requests for a new trial or judgment as a matter of law.

  • June 20, 2018

    Attys Seek $1M In Slack-Fill Deal Offering 25-Cent Payouts

    A Missouri state court has tentatively approved a settlement that would pay consumers 25 cents for each box of Taste of Nature Inc. candies including Chocolate Chip Cookie Dough Bites and Muddy Bears that were allegedly underfilled, and pay their attorneys up to $1 million in a proposed class action filed last month.

  • June 20, 2018

    Bleichmar Fonti To Lead Endo Investors' Par Pharma Suit

    A Pennsylvania federal judge appointed Bleichmar Fonti & Auld LLP as lead counsel in Endo International PLC shareholders' suit claiming the company concealed knowledge of alleged price-fixing by Par Pharmaceutical Holdings Inc. before acquiring the business, finding Tuesday that the firm’s client was best suited to lead the proposed class action.

  • June 20, 2018

    AT&T, Illinois Bell Dropped From Robocall TCPA Suit

    An AT&T affiliate and the Illinois Bell Telephone Co. have been dropped from an AT&T customer's proposed federal class action over unsolicited phone calls, leaving a third-party contractor that purportedly placed calls for the telecommunications giant to face claims it violated the Telephone Consumer Protection Act.

  • June 20, 2018

    Purdue Pharma Axes Sales Team, Lightens Focus On Opioids

    Purdue Pharma LP late Tuesday announced the elimination of its entire sales force and creation of a new business model focused less heavily on narcotic painkillers, a milestone development for the country’s most notorious seller of prescription opioids.

  • June 20, 2018

    Cruise Co. Free To Fight Any Claims In $76M Robocall Deal

    The settlement in a robocall class action against a cruise marketing company that could allow call recipients to collect up to $76 million did not put a cap on the number of claimed calls the company could challenge, an Illinois federal judge said Tuesday.

  • June 19, 2018

    Fla. Consumer Seeks Class Cert. In Burger King Receipt Suit

    A Florida man asked a federal court Monday to certify a proposed class of customers who received printed receipts at Burger King restaurants revealing more digits of their credit card than allowed under the Fair and Accurate Credit Transactions Act, exposing them to the risk of identity theft.

  • June 19, 2018

    Jones Day Sued Over Alleged Gender Bias, 'Fraternity Culture'

    A former Jones Day partner sued the firm in California court Tuesday for allegedly treating women as “second-class citizens,” providing preferential treatment to men and firing her for speaking out against its alleged “fraternity culture.”

  • June 19, 2018

    BofI Beats Investor Suit Over Gov't Probes, Loan Practices

    A California federal judge has thrown out a securities fraud suit accusing BofI Holding Inc. of failing to disclose that it was allegedly involved in lending to criminals and under investigation by federal authorities, ruling Tuesday that the proposed class action suffered from key shortcomings but did not warrant sanctions.

  • June 19, 2018

    Bloomberg, Workers Move For $54.5M Settlement In OT Suit

    Bloomberg LP and a class of help desk representatives moved for a $54.5 million settlement in New York federal court Tuesday in a suit alleging the company wrongfully excluded them from overtime pay, according to the joint motion for settlement.

  • June 19, 2018

    Au Pair Wage-Rigging Collective Action Heads For Trial

    A Colorado federal judge refused Tuesday to enter judgment for former au pairs or the sponsoring agencies they accuse of colluding to set low pay rates in a Fair Labor Standards Act collective action, concluding that too many factual disputes remain to close out the case.

  • June 19, 2018

    Fiat Chrysler Can't Skirt Drivers' Pacifica Defect Suit

    A California federal judge on Tuesday denied Fiat Chrysler’s bid to dodge a putative class action, saying the suit raises a reasonable inference that the automaker knew a defect addressed in two Technical Service Bulletins could cause its Pacificas to stall or shut off without warning.

  • June 19, 2018

    Del. Class Slams UnitedHealth's Appeal On Books Access

    Class attorneys accused UnitedHealth Group on Tuesday of “manufacturing” an appellate legal dispute and raising issues before the Delaware Supreme Court that were never argued in its failed Chancery Court challenge to a books and records demand targeting Medicare overbilling allegations.

  • June 19, 2018

    DOJ To Participate In Opioid MDL Settlement Talks

    The Ohio federal judge overseeing multidistrict litigation over allegedly reckless opioid sales said Tuesday the federal government can participate in settlement discussions.

  • June 19, 2018

    Australian Commission Seeks Lift Of Contingency Fee Ban

    An Australian state legal commission charged with examining access-to-justice issues called Tuesday for lawyers to be allowed to take a cut of recoveries as payment in class action cases.

  • June 19, 2018

    Bazaarvoice Investor Dismisses Challenge To $521M Merger

    A shareholder of product ratings platform provider Bazaarvoice Inc. voluntarily dismissed her suit challenging board disclosures related to the company’s $521 million take-private merger deal with Marlin Equity Partners, according to a filing in Delaware federal court Tuesday.

Expert Analysis

  • Defenses Remain For Companies In Calif. Call Recording Suits

    Joshua Briones

    Many defendants settle California Invasion of Privacy Act cases out of fear that courts will find violations even where no confidential information is recorded and where no one is harmed. But several decisions in the first half of 2018 provide these defendants with additional strategies, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Series

    FLSA Turns 80: Modern-Day Wage Theft

    Lee Schreter

    The Fair Labor Standards Act fails to recognize that many of today’s employees are in the best position to record their own working time. Of course, this raises questions about how an employer can commit “wage theft” when an employee is actively choosing not to follow instructions and not to record all hours worked, say Lee Schreter and Pierre-Joseph Noebes of Littler Mendelson PC.

  • China Agritech: More Than Meets The Eye

    Erica Rutner

    There is no doubt that the U.S. Supreme Court’s decision in China Agritech v. Resh squarely precludes the viability of untimely successive class actions. But what impact might it have on the viability of timely filed successive class actions? Erica Rutner of Lash & Goldberg LLP explores the question.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • How Will Weinstein Co. Bankruptcy Impact Accusers?

     Matthew LaGarde

    Due to the idiosyncrasies of American bankruptcy law, The Weinstein Company's recent bankruptcy filing could cause many of Harvey Weinstein’s accusers to receive pennies on the dollar relative to what they are owed under state and federal laws prohibiting workplace sexual harassment, say Matthew LaGarde and Jessica Westerman of Katz Marshall & Banks LLP.

  • Series

    FLSA Turns 80: A Closer Look At Conditional Cert. Standard

    Sari Alamuddin

    While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of Fair Labor Standards Act litigation, say Sari Alamuddin and Allison Powers of Morgan Lewis & Bockius LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • High Court Answers Appeal Question For Consolidated Cases

    Desiree Moore

    The U.S. Supreme Court's decision in Hall v. Hall is significant because it clarifies that parties have an immediate right of appeal following a final decision in actions consolidated under Rule 42(a). Companies that routinely face consolidation will have to be diligent in taking timely appeals, say Desiree Moore and Daisy Sexton of K&L Gates LLP.