Class Action

  • April 01, 2020

    Ex-NFL Player Sees ERISA Suit Sacked For Good

    An ex-Jacksonville Jaguars safety who said he suffered head injuries while playing saw his suit against the NFL's management council and players' union tossed after a federal judge said he hadn't shown his retirement plan's supervisory board did anything wrong by withholding its interpretation of allegedly vague benefits language.

  • April 01, 2020

    Retailers' Attys Snag $4M Fees In Propane Antitrust Dispute

    The legal team that helped retailers secure a $12.6 million deal with propane giants Blue Rhino and AmeriGas over underfilled tanks have won their bid for a third of the pot in fees and expenses.

  • April 01, 2020

    Time Warner Can't Shake Workers' Revived Overtime Suit

    Time Warner Cable must face a proposed class action by former salesmen and installation technicians who say they were unlawfully denied overtime pay, a New York federal judge ruled Tuesday, saying questions remained about whether the workers qualified as overtime-exempt.

  • March 31, 2020

    Mass. Blue Cross Blue Shield Can't Duck Mental Health Suit

    A Massachusetts federal judge denied Blue Cross and Blue Shield of Massachusetts’ bid to escape a suit claiming the insurer wrongly denied claims for certain inpatient mental health treatment, saying there are factual disputes that don’t warrant dismissal.

  • March 31, 2020

    Marriott Reveals New Data Breach Impacting 5.2M Guests

    Marriott International Inc. said Tuesday that roughly 5.2 million guests' loyalty information and other personal details had been exposed in a data breach earlier this year, a disclosure that class counsel pressing multidistrict litigation over a separate major hack of the hotel giant said highlights the company's ongoing data security failings. 

  • March 31, 2020

    Teva Can't Nix ERISA Suit Over Excessive Fee Allegations

    A Pennsylvania federal judge on Tuesday denied a bid by Teva Pharmaceuticals USA Inc. to toss a proposed class action accusing the drugmaker of saddling its 401(k) plan participants with excessive fees, saying the U.S. Supreme Court's denial this week of a plan’s petition for certiorari provided “guideposts” on the ruling.

  • March 31, 2020

    Judge Won’t Block Robinhood's Communications With Users

    A Florida federal judge said Tuesday that she won’t block online trading app Robinhood from sending what a user calls “misleading communications to prospective class members,” because the user failed to provide enough evidence to warrant the injunction.

  • March 31, 2020

    Sony Can't Nix Artists' Old Songs Copyright Class Action

    A New York federal judge Tuesday declined to dismiss a putative class action from a group of musicians claiming Sony violated a provision of copyright law giving creators a "second chance" to assert rights over their works after 35 years, rejecting Sony's arguments about the timeliness of the artists' termination notices.

  • March 31, 2020

    Avet Diabetes Med Contains Carcinogen, Suit Says

    Heritage Pharmaceuticals Inc. is making and selling a generic blood sugar control medication for diabetes patients that contains “dangerously high levels” of an impurity that can cause cancer and liver damage, according to a proposed class action filed in New Jersey federal court.

  • March 31, 2020

    German Car Cos. Dodge 'No Arms Race' Conspiracy Claims

    A California federal judge on Tuesday scuttled multidistrict litigation alleging German auto giants ran a decadelong "no arms race" conspiracy to tightly control vehicle specifications, saying the plaintiffs haven't spelled out any U.S. antitrust law violations, but they'll have another shot to revise their claims.

  • March 31, 2020

    Synchrony Wins Toss Of Investor Suit Over Walmart Exit

    Synchrony Financial won a permanent end Tuesday to an investor suit over underwriting practices that allegedly resulted in the termination of its long-standing relationship with Walmart after a Connecticut federal judge ruled that the shareholders hadn't shown that the credit card provider had misled them.

  • March 31, 2020

    Due Process Claims Trimmed In No-Fly List Suit

    A Texas federal judge has denied the government’s attempt to drop a Muslim woman from a proposed class action challenging the use of the federal no-fly list, but he also cut due process claims from another class member who has been removed from the list.

  • March 31, 2020

    Weed Dispensary Hit With TCPA Suit Alleging Spam Texts

    A Denver-based cannabis dispensary operator violated the Telephone Consumer Protection Act by spamming consumers with unwanted promotional texts using an autodialer system, according to a proposed class action filed Tuesday in Colorado federal court.

  • March 31, 2020

    Bank Of America Escapes Overdraft Fee Class Claims For Now

    A federal judge in Illinois dismissed proposed class claims against Bank of America Tuesday, finding that one of its account holders failed to show how the bank violated the law by slapping him with overdraft fees.

  • March 31, 2020

    EpiPen Buyers Can't Inject RICO Suit Into MDL, Court Told

    Claims that Mylan and Pfizer manipulated EpiPen expiration dates to force patients to refill prescriptions more often than necessary do not belong in multidistrict litigation over an alleged scheme to inflate prices for the life-saving allergy medication, the companies told a Kansas federal judge.

  • March 31, 2020

    Law Firm Pay Cuts, Layoffs Will Likely Multiply

    As Cadwalader pauses partner distributions and cuts staff pay and Pryor Cashman furloughs associates, a slew of other firms are likely to follow suit as the legal industry goes into crisis mode to weather the economic storm caused by COVID-19.

  • March 31, 2020

    Container Co. Hit With Privacy Suit Over Fingerprint Scan

    A leading plastic container manufacturer has been accused of violating Illinois' landmark biometrics law by requiring employees to use their fingerprints to clock in and out of work without first getting written permission or disclosing required information.

  • March 31, 2020

    TV Buyers Score Partial Cert. In Best Buy, LG False Ad Suit

    Consumers who say they were tricked into buying television sets with slower refresh rates than advertised convinced a Minnesota federal judge this week to certify some of their claims against Best Buy and LG Electronics.

  • March 31, 2020

    JM Smucker Escapes 'Natural' Peanut Butter Claims

    An Ohio federal judge on Tuesday dismissed a proposed class action alleging that J.M. Smucker Co. misleadingly labels its peanut butter as "natural" because it may contain sugar derived from genetically modified beets, finding that the consumers' claims were too speculative to be plausible.

  • March 31, 2020

    Realtors Can't Arbitrate Antitrust Row, Consumers Say

    Consumers urged a Missouri federal judge on Monday not to force into arbitration a piece of their proposed class action accusing the National Association of Realtors and major broker franchisors of conspiring to inflate broker commissions, arguing the franchisor in question is too far removed from the arbitration provision.

  • March 31, 2020

    2nd Circ. Tosses Dunkin' Customer's 'Angus Steak' Beef

    The Second Circuit on Tuesday sided with Dunkin’ Brands Inc. in a suit alleging the company falsely claimed its breakfast sandwiches contained Angus steak, saying a reasonable Dunkin' Donuts consumer would not expect to be served the kind of intact steak one would find at a sit-down restaurant.

  • March 31, 2020

    Tower Research Dodges Most Claims In Futures Spoofing Suit

    A New York federal judge has gutted the majority of a proposed securities class action against Tower Research Capital LLC, granting the trading technology company quick wins on all three Commodity Exchange Act claims that it manipulated Korean futures contracts prices.

  • March 31, 2020

    Evoqua Must Face Some Investor Claims Over $500M IPO

    Evoqua investors can pursue some of their claims that the water treatment company and its private equity backer misled investors in the run-up to the company's $500 million initial public offering, a New York federal judge has said.

  • March 31, 2020

    Merck Can't Trim Dozens Of Suits From Zostavax MDL

    A Pennsylvania federal judge has largely rejected a bid to ax nearly a hundred lawsuits over alleged injuries from the Merck & Co. shingles vaccine Zostavax based on what the pharmaceutical giant argued were deficiencies in fact sheets that plaintiffs were required to submit as part of a multidistrict litigation program.

  • March 31, 2020

    Columbia Univ. Can't Close The Book On ERISA Class Action

    A New York federal judge has given Columbia University workers a green light to move ahead with a class action accusing the school of mismanaging their retirement savings, saying there were too many factual disputes to justify tossing the suit without going to trial.  

Expert Analysis

  • Preparing For Private Right Of Action Under Calif. Privacy Law

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    While enforcement of the California Consumer Privacy Act won’t begin until July, the private right of action created by the CCPA is available to consumers now, and companies assessing their litigation risk should evaluate three open questions, say Amanda Lawrence and Michael Rome at Buckley.

  • SEC Investigation Shows Maturation Of Cannabis Scrutiny

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    The U.S. Securities and Exchange Commission’s investigation into accounting irregularities at cannabis giant Cronos Group shows a shift from rooting out fraud and manipulation in marijuana penny stocks, to applying more traditional enforcement scrutiny to marijuana-related businesses, say attorneys at Jenner & Block.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • FTC Actions, Breach Cases Guide COVID-19 Cyber Response

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    Recent Federal Trade Commission enforcement actions and federal court data breach litigation reveal that companies' cybersecurity measures may be judged based on their foresight and responsiveness to the new risks posed by COVID-19, rather than standards used during normal circumstances, say attorneys at Kelley Drye.

  • Delaware Dole Ruling Will Guide Allocation In D&O Policies

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    In a dispute between Dole Food and certain excess insurers of a directors and officers insurance policy, the Delaware Supreme Court recently interpreted an explicit allocation provision and articulated a rule that will instruct both insurers and insureds, say Brian Scarbrough and Huiyi Chen at Jenner & Block.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Deterring Pandemic-Related Worker Class Action Claims

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    Employers can mitigate the risk of worker class action claims stemming from the company's coronavirus response by addressing issues related to timekeeping, furloughs, the Americans with Disabilities Act, joint employment and safety, says Gilbert Brosky at BakerHostetler.

  • Pandemic Spotlights Opportunistic Product Health Claims

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    The COVID-19 pandemic will undoubtedly bring increased scrutiny — in the regulatory, class action and business contexts — to products bearing claims of disinfectant, antiseptic and immune-boosting properties, say attorneys at Goodwin.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • And Now A Word From The Panel: Spotlight On MDL Venue

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    With travel plans on hold in this country and around the world, and changing venues being the norm of the day, it's a good time to consider the topic of venue for multidistrict litigation proceedings, says Alan Rothman at Sidley.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • How To Fairly Consider Job Applicants With Criminal Records

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    Recent research found that employers' risk-averse perceptions of applicants with criminal records go largely unchallenged, highlighting the need for clear applicant evaluation policies, as well as compliance with the Fair Credit Reporting Act, says Ina Silvergleid at A Bridge Forward.

  • Lessons From A $265 Million Dicamba Damages Award

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    Due to the publicity and size of a Missouri federal court's recent verdict in Bader Farms v. Monsanto — in which the jury awarded a peach farm $265 million after the herbicide dicamba drifted onto its crops from neighboring fields — dicamba suits are likely to increase in number, say Philip Sholtz and Paul Knobbe at Goldberg Segalla.

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