Bar Works, a startup that purports to be in the shared-workspace business, is now the subject of at least two lawsuits from investors who call it a multimillion-dollar Ponzi scheme.
A group of companies that own automobile dealerships across the country sued more than 30 auto parts manufacturers in at least a dozen lawsuits filed Wednesday and Thursday as part of the sprawling multidistrict litigation in Michigan federal court over alleged price-fixing in the auto parts industry.
A California federal judge on Tuesday tossed allegations that Sempra Energy and subsidiary SoCalGas misled shareholders by hiding the strain facing their infrastructure ahead of the massive Aliso Canyon natural gas leak, saying investors had failed to show specific evidence of deception.
A proposed class of retirement plan beneficiaries and others on Thursday asked the Second Circuit to revive claims against Credit Suisse, Deutsche Bank and other banks accusing them of violating the Employee Retirement Income Security Act by foreign exchange market-rigging, saying the banks were ERISA fiduciaries.
A California magistrate judge has recommended approving Giumarra Vineyards Corp.’s $6.1 million deal that would resolve a class action claiming the vineyard didn’t provide field workers with meal breaks or reimburse them for tools, but recommended reducing the requested attorneys’ fees from $2.15 million to $1.5 million.
The Second Circuit on Thursday affirmed the dismissal of a putative class action accusing Lincoln Automotive Financial Services of violating the Telephone Consumer Protection Act, saying the man suing the company consented to receive calls when he signed his car lease.
A California federal judge on Thursday granted preliminary approval to Cogent Communications’ $3 million deal to end class action claims that the internet provider shorted the overtime payments of over 300 workers and purposely kept them in the dark about the state’s labor laws.
American Honda Motor Co. on Wednesday asked the Florida federal court overseeing the multidistrict litigation over Takata’s potentially deadly air bags to let it use Takata’s criminal guilty plea as part of its defense, saying that the facts therein are crucial to its arguments.
The Illinois federal judge overseeing multidistrict litigation against manufacturers of testosterone replacement therapy drugs on Thursday selected the first two cases that will go to trial against Eli Lilly and Co.
The Seventh Circuit on Thursday upheld the certification of two classes of Wisconsin iron foundry workers who say a Hitachi-owned foundry operator violated state law and the Fair Labor Standards Act by not paying for the time workers spend decontaminating themselves after their day is done.
A Washington federal judge on Wednesday certified a class of potentially thousands of immigrants in a challenge to a little-known U.S. Citizenship and Immigration Services program that civil rights groups say delays application processing and unlawfully targets Muslim applicants.
Consumers suing Alere Inc. over allegedly defective home blood-clot testing kits asked a California federal judge Wednesday for class certification in multiple states.
A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.
The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.
A would-be class of aggrieved gourmets was ordered Thursday by a Manhattan federal judge to add lab tests to a suit alleging grocery giant Trader Joe Co. hawks fake black truffle olive oil to unwitting shoppers.
A C.R. Bard Inc. investor filed a proposed class action in New Jersey federal court Wednesday aiming to block the medical supply company’s sale to Becton Dickinson and Co., claiming the $24 billion price tag is too low and that investors haven’t been given enough information to evaluate the deal.
Two Korean ramen noodle companies asked a California federal judge Wednesday to toss a class action accusing them of participating in a price-fixing scheme, saying they weren’t involved in a conspiracy and that even if they were, the conduct only affected prices in Korea, not the U.S.
Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.
Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.
Genworth Financial Inc. has agreed to pay $20 million to settle claims from a class of investors that it concealed poor market conditions prior to its Australian insurance unit’s initial public offering, according to documents filed in New York federal court on Wednesday.
With the conclusion of this U.S. Supreme Court term just around the corner, the guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.
Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.
The Ninth Circuit’s decision in Resh v. China Agritech opens the door to the possibility of serial, successive attempts to certify a class in securities and other cases, potentially exposing defendants to an almost never-ending series of class actions, says Peter Hawkes of Lane Powell PC.
Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.
Tutorials in the form of “science days” are an increasingly common way for judges to learn more about the science behind litigation over medical and consumer products and chemical exposures. The science day held recently by a California state court judge overseeing talcum powder litigation provides valuable insights into the process, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.
Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.
After looking at all of the factual nuances associated with proving a constructive trust, I hit upon a strategy that I had never used before — namely, do nothing, say nothing and hope the IRS fails in its proof, recalls Mark Morris of Snell & Wilmer LLP.