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Consumer Protection

  • August 20, 2018

    Calif. High Court Says Background Check Laws Can Overlap

    California's highest court ruled Monday in favor of a class of current and former bus drivers who accused their employers and two investigative consumer reporting agencies of conducting background checks without permission, clearing up compliance guidelines that involve two overlapping state laws.

  • August 20, 2018

    Mylan, Pfizer Barely Put Dent In EpiPen Antitrust MDL

    Mylan NV and Pfizer Inc. on Monday largely failed to scale down multidistrict litigation over sky-high prices for emergency allergy treatment EpiPen, as a Kansas federal judge mostly refused to throw out wide-ranging consumer claims of anti-competitive shenanigans.

  • August 20, 2018

    Transit Group Unlikely To Dodge Leaning Tower Of SF Suit

    A San Francisco judge said Monday he’d likely find that the Transbay Joint Powers Authority can’t escape Millennium Tower residents’ litigation over the structure's tilting and sinking, pointing to a contract in which the public transit agency took on the tower developer's liability in exchange for permission to construct a nearby terminal.

  • August 20, 2018

    Insys Execs Say Expert Witness Switched Sides

    The founder and former top executives at opioid manufacturer Insys Therapeutics Inc. told a Massachusetts federal judge Monday that they were double-crossed by a doctor who plans to testify against them in the government’s racketeering case in an alleged scheme to bribe doctors to prescribe a fentanyl spray.

  • August 20, 2018

    Apple Site Violates ADA For Those Who Are Blind, Suit Says

    A woman with visual impairments hit Apple Inc. with a proposed class action in New York federal court Sunday, claiming that the tech giant’s website isn’t fully compatible with screen readers, a violation of the Americans with Disabilities Act.

  • August 20, 2018

    Gov't, Industry Back Apple In High Court App Store Fight

    The federal government and industry groups urged the U.S. Supreme Court to side with Apple Inc. and toss a proposed consumer class action claiming the technology giant's app store illegally monopolized the iPhone app market, arguing that only "direct purchasers" — here, app developers themselves — can bring such claims.

  • August 20, 2018

    Google Tracks Users After It's Told To Stop, Consumer Says

    A California man has slapped Google Inc. with a putative class action in federal court accusing it of tracking users and recording their whereabouts even after they disabled the location feature on their smartphones.

  • August 20, 2018

    BMW, Bosch Aim To Put Brakes On Emissions-Cheating Suit

    BMW of North America LLC and auto parts manufacturer Robert Bosch LLC asked a New Jersey federal court Friday to dump a consolidated class action alleging they lied about certain vehicles’ emissions performance, saying the lawyer-driven litigation is based on trumped-up copycat claims lifted from the Volkswagen scandal.

  • August 20, 2018

    Kellogg's Cereal Buyers Get Cert. In False Ad Row Over Sugar

    A California federal judge certified three classes of Golden State consumers who claim Kellogg falsely advertises its Raisin Bran, Frosted Mini-Wheats and Smart Start cereals as healthy when they’re actually loaded with added sugar.

  • August 20, 2018

    Delta Customer Says Data Breach Suit Shouldn't Go To Calif.

    A Delta Air Lines customer urged a Georgia federal court to reject an online support services provider’s bid to send her proposed class action over a data breach to California to join a previously filed dispute, one day after challenging the airline’s motion that made the same request.

  • August 20, 2018

    GTL Facing Another Class Action Over Prison Phone Rates

    Global Tel Link Corp. has been hit with another proposed class action, this time from a former inmate alleging in Pennsylvania federal court that the leading prison phone service provider charges unsuspecting callers “unconscionable” rates more than 100 times the actual cost.

  • August 17, 2018

    Disney May Not Be Magical For Autistic Guests: 11th Circ.

    The Eleventh Circuit revived 30 consolidated lawsuits alleging Walt Disney Parks and Resorts U.S. Inc. fails to properly accommodate guests with autism by making them wait for rides, ruling Friday that a bench trial should decide whether those visitors have access to the same experience as nonautistic patrons.

  • August 17, 2018

    Cumulus Radio Tricked Listeners On Contest Odds, Suit Says

    Cumulus Media Inc. was slapped with a putative class action in New York federal court Friday alleging that the company holds “deceptive” radio sweepstakes seemingly among a station’s local radio audience when in fact listeners compete with longer odds against entrants from all Cumulus stations.

  • August 17, 2018

    Don't Send CFPB Queries To OMB, Mulvaney Tells Dems

    Consumer Financial Protection Bureau acting Director Mick Mulvaney has replied to a letter from Senate Democrats asking about his decision earlier this year to dissolve the agency’s Consumer Advisory Board, saying he can’t answer their inquiry because it was addressed to him at his other job at the Office of Management and Budget.

  • August 17, 2018

    HUD Claims Facebook's Housing Ads Are Discriminatory

    The U.S. Department of Housing and Urban Development has hit Facebook Inc. with an administrative complaint that accuses the social media giant of using discriminatory advertising practices to target home buyers, according to New York federal court documents filed Friday in a related lawsuit.

  • August 17, 2018

    Electric Co. Beats TCPA Suit Over Service Sign-Up Calls

    An Ohio federal judge axed a putative class action accusing National Gas & Electric LLC of violating the Telephone Consumer Protection Act by placing calls to prospective customers, ruling that the plaintiff’s decision during the first phone call to enroll in services cleared the way for the utility and its vendors to continue to contact him.

  • August 17, 2018

    Walmart Can't Crunch Buyer's 'All Natural' Pita Chips Suit

    An Illinois federal judge Thursday kept the bulk of a proposed class action alleging that Walmart brand pita chips are falsely labeled as “all natural,” but said it’s too early to determine whether the consumer bringing the suit can represent a nationwide class.

  • August 17, 2018

    CashCall Ruling Creates Legal Uncertainty For Calif. Lenders

    The California Supreme Court’s recent ruling that it’s possible for the interest rate on a consumer loan of more than a certain dollar amount in the state to be declared "unconscionable" could wind up being a headache for nonbank lenders operating under California law, attorneys told Law360.

  • August 17, 2018

    Arby's Must Extend Info Search In Data Breach Dispute

    A Georgia federal judge ordered Arby’s to expand its electronic information search in litigation brought by financial institutions and consumers over a data breach, one day after agreeing to pause the patrons’ part of the dispute to give them time to finalize a settlement that has been agreed to in principle.

  • August 17, 2018

    Class Counsel In $2B Forex Deal Awarded $22M In Expenses

    A New York federal judge awarded nearly $22.5 million to an investor class' counsel for litigation expenses incurred in a $2.3 billion settlement resolving claims that 15 banks colluded to rig benchmark exchange rates in the foreign exchange markets.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Sports Teams Need A TCPA Game Plan

    James Sammataro

    For professional sports franchises, texting is a wonderful fan-engagement tool. But it is also a potential legal hazard, as illustrated by several recent Telephone Consumer Protection Act class actions. If you want your fans screaming at the refs and not at you, heed five TCPA lessons, say attorneys with Stroock & Stroock & Lavan LLP.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith 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.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • 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.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.