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Class Action

  • August 16, 2018

    Atty Suing Google Sees No Conflict With Law Firm

    A lawyer seeking to represent thousands of online advertisers in a suit against Google urged a California federal judge Thursday to certify a class and reject the tech giant's objections that the named plaintiff — himself an attorney —is now a partner at a law firm that once worked on the case.

  • August 16, 2018

    Legal Funder Wants Fraud Suit Stayed After CFPB Ruling

    RD Legal Funding, the litigation funder accused of gouging NFL players and 9/11 responders who were loan customers, asked a Manhattan federal judge Wednesday to press pause on the suit as the Consumer Financial Protection Bureau appeals its surprise ejection — or to greenlight a broader appeal.

  • August 16, 2018

    $3.5M Paint Price-Fix Deal OK'd After DuPont's 3rd Circ. Win

    A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.

  • August 16, 2018

    Kessler Topaz, Quinn Emanuel To Lead Volatility Index MDL

    An Illinois federal judge on Thursday appointed Kimberly A. Justice of Kessler Topaz Meltzer & Check LLP and Jonathan C. Bunge of Quinn Emanuel Urquhart & Sullivan LLP as lead co-counsel in multidistrict litigation over alleged Chicago Board Options Exchange’s volatility index manipulation.

  • August 16, 2018

    Food Service Workers Get Limited Cert. In Pay Suit

    A New Jersey federal judge on Thursday rejected most of a former Flik International Corp. worker’s request for conditional certification of a collective class of employees who purportedly weren’t paid for all the hours they worked, but held that he made the required showing when it came to workers at the Bayer cafeteria in Whippany.

  • August 16, 2018

    Mo. Prison Officers Win $113M Verdict In Wage Class Action

    A central Missouri jury has awarded $113.7 million to a class of 13,000 corrections officers, after the officers alleged the Missouri Department of Corrections failed to pay them for work they did before and after shifts at prisons across the Show-Me State.

  • August 16, 2018

    Judge Rips Twombly For Straining Resources In IP Row

    A California federal judge appeared unswayed Thursday by SAP America Inc. and HP Inc.’s arguments that a software company hasn't met the stringent pleading standards required under the U.S. Supreme Court’s Twombly decision, saying Twombly has created more work than it’s saved, and "you get to the point where we’re wasting time and resources when you know what their pleading is."

  • August 16, 2018

    Geothermal Firm Fights Chancery Toss Of $110M Merger Suit

    Attorneys for a proposed class of investors in U.S. Geothermal Inc. asked Delaware Chancery Court to keep alive their challenge to the company's recent $110 million merger with Ormat Technologies Inc., alleging that self-interested moves by a large shareholder and director made for an unfair process.

  • August 16, 2018

    Rakoff Shaves Objector Atty's Fee Bid In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff has ruled that the Center for Class Action Fairness can have just a small fraction of the nearly $200,000 in attorneys' fees requested for it by its client, an objector to the $3 billion class action settlement resolving securities fraud claims against Brazilian oil giant Petrobras.

  • August 16, 2018

    Electronics Giants Agree To Settle Battery MDL For $43.5M

    Indirect purchasers who allege a slew of battery makers engaged in price-fixing lithium ion batteries told a California federal court on Wednesday that Samsung SDI Co. Ltd., NEC Tokin Corp. and Toshiba Corp. have agreed to settle their multidistrict litigation claims for a total of $43.5 million.

  • August 16, 2018

    Keryx Shouldn't Get 2nd Chance To Ax Stock Suit, Court Told

    Investors in Keryx Biopharmaceuticals Inc. shot back Thursday at the company’s attempt to reargue its motion to dismiss a proposed class action alleging the company misled investors to believe it had mitigated supply chain risks before its stock tumbled due to a production delay.

  • August 16, 2018

    11th Circ. Puts AAA Arbitrator On Spirit Airlines Fare Case

    Spirit Airlines Inc. lost its appeal in the Eleventh Circuit Wednesday when the court affirmed a ruling that an arbitrator, and not the court, must determine whether the agreement between the airline and members of its $9 Fare Club allows for a class arbitration.

  • August 16, 2018

    Wells Fargo Gets Immigrant Lending Bias Suit Trimmed

    A California federal judge has pared down a proposed class action alleging Wells Fargo unfairly withholds certain lines of credit from customers because of their immigration status, finding that two of the people bringing the case failed to show they were prevented from taking out home and auto loans because of discriminatory policies.

  • August 16, 2018

    9th Circ. Revives Teachers' Retirement Savings Interest Suit

    The Ninth Circuit ruled Thursday that a district court erred when it dismissed as unripe a proposed class action from teachers claiming that interest was wrongly skimmed from their retirement accounts, holding that the precedential test used by the lower court didn’t apply.

  • August 16, 2018

    USDA Must Face Tribe Member's Contract Suit: Fed. Circ.

    A Federal Circuit panel on Thursday revived a Sioux tribe member’s suit alleging the U.S. Department of Agriculture breached a settlement agreement it reached with Native American farmers over its farm loan program, saying the terms of the settlement don't prevent additional suits from being filed in court.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    NY Construction Cos. Stiffed Workers On Wages, Suit Says

    A group of 10 construction workers filed a collective action in New York federal court Thursday alleging that their employers at a Manhattan construction site, RSK Construction Inc. and Real Innovative Construction LLC, stiffed them on overtime wages and cut their wages without any explanation.

  • August 16, 2018

    Insurer Seeks To Duck Lumber Liquidators' $36M Settlement

    St. Paul Fire and Marine Insurance Co. sued policyholder Lumber Liquidators on Wednesday over coverage for $36 million worth of recently proposed settlements regarding defect claims, including over allegedly formaldehyde-laden wood flooring.

  • August 16, 2018

    UChicago Workers' Attys Seek $1.95M In Fees In ERISA Row

    Attorneys for a class of University of Chicago workers asked an Illinois federal judge on Wednesday to sign off on a request for $1.95 million in attorneys’ fees and grant final approval to a $6.5 million settlement that would lay to rest allegations the university mismanaged workers’ retirement savings.

  • August 16, 2018

    DOT Can't Stop Ex-Engineer From Being Deposed, Judge Says

    A New York federal judge on Thursday said a former government engineer can be deposed by investors in a securities class action claiming Fiat Chrysler lied over its alleged use of emissions-cheating devices in its vehicles, disagreeing with the U.S. Department of Transportation that its regulations could prevent an ex-government employee's testimony.

Expert Analysis

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • New Accessibility Lawsuit Trend: Class Action Complaints

    Edward Harold

    Recently, enterprising attorneys have brought Americans with Disabilities Act claims as class actions directed at all of a company’s locations. Their contention that the ADA requires broad, companywide compliance policies is controversial, but businesses must prepare for such claims, says Edward Harold of Fisher Phillips LLP.

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.