Class Action

  • June 19, 2017

    Truck-Stop Co. Can't Challenge Conditional Cert. Grant

    A Sixth Circuit panel affirmed Monday that truck stop operator Pilot Corp. cannot prevent workers who signed arbitration agreements from receiving notice of conditional certification of a collective action brought over unpaid off-the-clock work.

  • June 19, 2017

    Robbins Geller To Lead Proposed Amtrust Stock-Drop Class

    Pension funds represented by Robbins Geller Rudman & Dowd LLP will lead the investors bringing three proposed stock-drop class actions against insurance firm Amtrust Financial Services Inc. that were consolidated in New York federal court Monday.

  • June 19, 2017

    High Court Sends Milberg Malpractice Suit Back To 9th Circ.

    The U.S. Supreme Court on Monday told the Ninth Circuit to reconsider its decision to reopen a proposed class action brought by investors against their former lawyers, including class action firm Milberg LLP, remanding the question of class certification in light of the high court’s recent Microsoft v. Baker decision.

  • June 19, 2017

    Wells Fargo To Pay $14.8M To Settle TCPA Spat

    Wells Fargo has agreed to pay roughly $14.8 million to resolve Telephone Consumer Protection Act claims over allegedly autodialed calls, the attorneys representing the class said Monday, announcing an almost $1 million reduction to the preliminarily anticipated settlement fund after discovery revealed that the class was smaller than originally estimated.

  • June 19, 2017

    High Court Won't Take On Spokeo Divide In Card Receipt Row

    The U.S. Supreme Court said Monday that it would not review the lawsuit of a man who accused a Native American tribe-owned restaurant in Wisconsin of failing to properly truncate customer receipts, leaving in place a Seventh Circuit ruling that tossed his claims.

  • June 16, 2017

    Cabbie's Uber False Ad Suit Tossed After His Attys Depart

    A cab driver's proposed class action accusing Uber of operating illegally and falsely promoting its services as being safer than taxis was dismissed by a California federal judge on Thursday after the driver failed to show up to a case management conference that he was ordered to attend.

  • June 16, 2017

    Amedisys Pays $44M To End Investors' Medicare Fraud Suit

    Amedisys Inc. has agreed to pay $43.75 million to settle a shareholder suit alleging the health care provider and its top executives hid a Medicare fraud scheme that caused its stock prices to drop by half, ending the case after seven years of litigation and a trip to the Fifth Circuit.

  • June 16, 2017

    Judge Won't Rethink Partial Cert. In Heart Monitor Suit

    An Illinois federal judge on Friday declined treadmill manufacturer Precor's request that the court reconsider its grant of partial class certification to a class of dissatisfied customers suing the company over allegedly defective treadmill heart monitors, saying it won't reconsider old arguments and that the only new information Precor brings discredits its own expert’s study. 

  • June 16, 2017

    Qualcomm Stockholder China Bribery Suit Dismissed In Del.

    Delaware’s Chancery Court dismissed on Friday a stockholder suit seeking damages on behalf of telecommunications giant Qualcomm Inc. from directors serving during a decade when the company was accused of violating the Foreign Corrupt Practices Act.

  • June 16, 2017

    Humana Drops Pay-For-Delay Claims Against Boehringer

    Boehringer Ingelheim Pharma GmbH & Co. KG and Boehringer Ingelheim International GmbH & Co. on Friday reached an agreement with Humana Inc. in Connecticut federal court to dismiss Humana’s antitrust claims related to the pharmaceutical company’s alleged role in a scheme to block generic alternatives for its stroke-prevention drug Aggrenox.

  • June 16, 2017

    DC Circ. Remands Wage Suit, Restores Dropped Workers

    A D.C. Circuit panel ruled Friday that two janitors were wrongly dismissed from a collective wage action against a cleaning service for failing to opt in, but said their employer may not have been properly served with the suit in the first place.

  • June 16, 2017

    Fees Chopped, Releases Cut In $25M Third Ave. Settlement

    A $25 million settlement of a suit prompted by a 2015 junk bond fund meltdown hit a Delaware Chancery Court speed bump Friday, with a vice chancellor chopping $2 million from a $5 million fee sought by shareholder attorneys and threatening to reject the deal.

  • June 16, 2017

    Univ. of Alabama Fan Agrees To End Coca-Cola TCPA Suit

    An Alabama federal magistrate judge on Friday ended a University of Alabama fan’s proposed class action accusing Coca-Cola and a marketing company of sending unsolicited text messages in a legal battle spanning more than four and a half years.

  • June 16, 2017

    Judge Trims Claims That Dollar General Sold Fake Aloe Vera

    Dollar General Corp. successfully dodged most of the claims in a putative class action accusing it of selling aloe vera gel without the aloe vera, with an Illinois federal judge saying Friday that some of the claims were repetitive of the single count he left intact.

  • June 16, 2017

    Workers Lose OT Suit Over Army Contract In Afghanistan

    A Texas federal judge Thursday rejected a putative class action against Fluor Corp. from contractors who claimed the company failed to pay overtime on a contract in Afghanistan, ruling the country’s labor code does not apply to foreign citizens without work permits.

  • June 15, 2017

    $855M Blount Deal OK'd By Del. Justices, With Mild Rebuke

    Delaware’s Supreme Court upheld the dismissal of a class challenge to the $855 million leveraged buyout of Blount International Inc. on Thursday, while raising an eyebrow at a “troubling,” if nonmaterial, omission from deal disclosures.

  • June 15, 2017

    CytRx Floats Settlement Of Cross-Country Securities Suits

    Attorneys involved in a series of securities lawsuits relating to biopharmaceutical company CytRx Corp. proposed a settlement Thursday in Delaware Chancery Court of the actions, which would see an executive return the stock options at the center of an alleged pump-and-dump scheme.

  • June 15, 2017

    Schaeffler Settles Auto Bearings Price-Fix Claims For $21M

    Automotive bearings maker Schaeffler Technologies AG & Co. KG has reached a $21 million agreement to settle allegations by purchasers that it joined a conspiracy to fix prices for the bearings, according to court documents filed in a Michigan federal court Wednesday.

  • June 14, 2017

    Warner Chilcott Wins Transfer Of Ex-Sales Reps' Suit To NJ

    A Florida federal judge on Wednesday approved the contested transfer to New Jersey of a lawsuit brought by former Warner Chilcott sales representatives, saying their challenge to a waiver of age discrimination claims is based on separation agreements that feature the forum-selection clause cited by the drugmaker.

  • June 14, 2017

    Dodge Dart Drivers Get More Time To Prove Clutch Defect

    A California federal judge on Wednesday declined to dispose of a proposed class action over an alleged clutch defect in Fiat Chrysler’s 2013-2016 Dodge Darts and allowed the drivers to amend their complaint to include information supporting a related defect, despite the automaker’s objections.

Expert Analysis

  • What DOJ Investigation Means For Generic Drug Plaintiffs

    Jason Dubner

    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.

  • How Science Days Are Changing Talc Litigation

    David Schwartz

    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.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    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.

  • Series

    My Strangest Day In Court: When I Did Nothing And Won

    Mark Morris

    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.

  • 2 New Cases Highlight Scrutiny Of Univ. Retirement Plans

    Mark Brossman

    To date, there have been 12 proposed class actions brought against major universities with regard to their employee benefit plans. Recently, federal district courts in Georgia and North Carolina have issued two decisions on motions to dismiss, allowing many of the claims to proceed, say attorneys with Schulte Roth & Zabel LLP.

  • When An Expert Drowns In A Whirlpool Of Inconsistencies

    Jack Nolan

    Last month, the Northern District of Illinois denied class certification to consumers who purchased allegedly defective Whirlpool ovens, and excluded the opinions of the plaintiffs’ expert. The ruling in Kljajic v. Whirlpool Corp. demonstrates the importance of having an expert witness who can be sensitive to a case's weaknesses without creating new ones, says Jack Nolan of Weil Gotshal & Manges LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Restricting Rights Through Class Action Evisceration

    Fred Isquith

    Currently pending before the Senate Judiciary Committee, the Fairness in Class Action Litigation Act proposes a new Rule 23 which renders class actions often impractical. If signed into law, only the most obvious of cases would be taken where liability is nearly certain and damages large, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Examining Tax Issues With Settlements In Employment Cases

    Excerpt from Lexis Practice Advisor
    William Hays Weissman

    Attorneys often overlook or fail to address the consequences of tax and reporting issues associated with the settlement of employment-related litigation. William Hays Weissman of Littler Mendelson PC explains how to avoid potential problems for both the employer and employee.