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Class Action

  • October 16, 2018

    No Proof Potomac Hurt Investors In PLX Deal, Chancery Says

    Shareholders of semiconductor firm PLX Technology Inc. failed to prove that breaches of fiduciary duty by its directors caused them any financial harm, a Delaware Chancery Court judge ruled Tuesday, saying that activist investor Potomac Capital Partners LP was off the hook for claims of impropriety over its role in the acquisition of PLX.

  • October 16, 2018

    Ex-Madison Square Garden Interns Get $5K In Wage Suit

    A New York federal judge Tuesday signed off on a more than $5,400 settlement for former Madison Square Garden interns claiming they weren’t paid the wages they were legally owed and $50,000 in fees for their attorneys.

  • October 16, 2018

    Navy Federal To Shell Out $24.5M To End Overdraft Action

    Navy Federal Credit Union has agreed to pay more than $24.5 million to end claims by a proposed class that the organization unfairly charges "Optional Overdraft Protection Fees," according to a motion for preliminary approval filed in California federal court Monday.

  • October 16, 2018

    Farmers Say Don’t Kill Monsanto Antitrust Claims In MDL

    Farmers' allegations that Monsanto Corp. engaged in anti-competitive practices by pushing soybeans with a tolerance to a specific herbicide should not be dismissed, they argue, because their suit could show that the company knew farmers would be compelled to buy the product.

  • October 16, 2018

    Opioid MDL Gov'ts Must ID Prescriptions Or Limit Evidence

    An Ohio federal judge supervising multidistrict litigation over the opioid crisis ruled Tuesday that local governments suing drug companies must either identify specific prescriptions that were improper or limit their use of related evidence.

  • October 16, 2018

    5M Walmart Workers Want Cert. In Background Check Suit

    A proposed class of five million Walmart applicants and employees have pressed a California federal judge for certification in a suit accusing the retail giant of adding extraneous material to background check notices it issued to applicants and new hires in violation of the Fair Credit Reporting Act. 

  • October 16, 2018

    Law Firm Barred From Contacting Madoff Clients About Suit

    A New York magistrate judge has ordered Chaitman LLP not to contact its clients who were victims of Bernie Madoff regarding a suit alleging Helen Chaitman had a conflict of interest in representing them, ruling it was inappropriate for her to urge those clients to decide whether to opt out of the proposed class this early in the process.

  • October 16, 2018

    9th Circ. Won't Rethink Indian Child Welfare Act Ruling

    The full Ninth Circuit on Monday declined to rethink tossing a proposed class action alleging that portions of the Indian Child Welfare Act are discriminatory and unconstitutional, standing by its decision that the dispute lodged by four children and their adoptive parents is moot because the kids were successfully adopted.

  • October 16, 2018

    5th Circ. Reverses Class Cert. In Devon Royalty Row

    The Fifth Circuit on Tuesday reversed a lower court’s decision to certify a class of natural gas royalty owners that have accused Devon Energy Production LP of shorting them on royalty payments, saying that the statute of limitations and other issues weren’t fully considered by the district court.

  • October 16, 2018

    Firms Win $3M In Fees In Hartig Product-Hopping Suit

    A Delaware federal judge on Monday awarded Frank LLP, Prickett Jones & Elliott PA and Hausfeld LLP $3 million in attorneys' fees in connection with Hartig Drug Co.'s suit settled earlier this year against Allergan Inc., Senju Pharmaceutical and Kyorin Pharmaceutical over claims the companies engaged in product-hopping for eye treatment products.

  • October 16, 2018

    USC To Appeal ERISA Arbitration Denial To High Court

    The University of Southern California intends to ask the U.S. Supreme Court to decide whether employers can force workers who collectively sue over benefit plan mismanagement to resolve their claims in individual arbitration sessions, the school has told a California federal judge.

  • October 16, 2018

    Mitsuba To Pay $4.6M To Bow Out Of Car Parts MDL

    Mitsuba Corp. has agreed to shell out $4.6 million and cooperate with its accusers to escape claims in sprawling multidistrict litigation alleging it was part of a conspiracy to fix prices on two types of auto parts, direct buyers told a Michigan federal judge in a pair of proposed settlements on Monday.

  • October 16, 2018

    Class Cert. Push Renewed In UnitedHealth ERISA Battle

    Representatives for a proposed class alleging UnitedHealth Group Inc. violated the Employee Retirement Income Security Act by denying coverage for prosthetic arms and legs pressed a California federal judge for certification, saying class parameters the court previously found too broad have been narrowed.

  • October 16, 2018

    KPMG Can’t Exit Hospital Pension Plan Fight, Judge Says

    A Mississippi federal judge on Tuesday denied KPMG LLP’s bid to toss allegations that it knew or carelessly ignored that Singing River Health System stopped paying into an employee pension plan in 2009.

  • October 16, 2018

    Uber Reaches $1.3M Deal In Drivers' Collective FLSA Action

    Uber Technologies Inc. will pay $1.3 million to settle Fair Labor Standards Act claims from more than 5,000 drivers who aren’t bound by arbitration agreements and alleged the ride-hailing giant misclassified them as independent contractors instead of employees, according to a North Carolina federal court filing Tuesday.

  • October 16, 2018

    Investors Sue Keryx Over $1.3B Merger With Akebia

    Keryx Biopharmaceuticals Inc. misled investors about the company's financial future in documents related to its $1.3 billion acquisition by Akebia Therapeutics Inc., shareholders alleged in a proposed securities class action filed in Delaware federal court on Tuesday.

  • October 16, 2018

    Qualcomm, FTC Hope For Deal, But Judge Won't Pause Case

    U.S. District Judge Lucy H. Koh has denied a petition filed by Qualcomm and the Federal Trade Commission to delay a partial ruling in an antitrust case in California federal court brought by the commission alleging that the chipmaker engaged in anti-competitive licensing practices.

  • October 16, 2018

    1st Circ. Overturns Class Cert. In Allergan Price Fight

    The First Circuit has overturned certification of a class of buyers who purportedly bought Allergan medicines at artificially high prices, saying the suit didn't offer a way to weed out large numbers of purchasers who never suffered any injury.

  • October 16, 2018

    Attys Get $4.3M In Fees In $17M HIV Disclosure Settlement

    A Pennsylvania federal judge has granted final approval to Aetna Inc.’s $17 million deal to settle claims the managed health care giant wrongly disclosed patients’ HIV-related information and also awarded more than $4.3 million in fees and cost reimbursements for the patients’ attorneys.

  • October 16, 2018

    Trevena Investors Sue Over Stock-Drop Tied To Drug Trials

    Shareholders filed a proposed class action lawsuit against Trevena Inc. in Pennsylvania federal court Monday, alleging that the company and its officers misled investors about the U.S. Food and Drug Administration’s prospects for approving the company’s morphine alternative.

Expert Analysis

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Class Arbitrability Questions After 11th Circ. JPay Ruling

    Gilbert Samberg

    One may ask whether the Eleventh Circuit’s recent decision in JPay v. Kobel correctly addressed the issue of “clear and unmistakable” consent when it comes to the delegation of class arbitrability. However, with respect to many class arbitration-related matters, a second issue looms, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Why It’s Time To Rethink Illinois Brick

    Samuel Miller

    In Apple v. Pepper, the U.S. Supreme Court will consider whether iPhone owners who purchase apps from Apple’s app store should be considered “direct purchasers” under federal antitrust laws. The court should use this opportunity to reevaluate the direct purchaser analysis it established in Illinois Brick Co. v. Illinois, says Samuel Miller of UC Hastings Law School.