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CLASS ACTION |
IN-DEPTH Feature How One Firm Moved The Needle On Disability Inclusion
This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.
Goldman Investors Win Cert. After 2nd Circ. Reversal
A New York federal judge on Tuesday recertified an investor class after a Second Circuit decision vacated its first certification win, finding that Goldman Sachs failed to show that alleged misstatements on its ethical compliance had no price effect on its stock value.
Exxon Investors' Climate Suit Beats Dismissal Bid
A Texas federal judge denied Exxon Mobil Corp.’s bid to nix a putative securities fraud class action accusing the oil giant of concealing its climate change knowledge, ruling Tuesday that investors sufficiently pled alleged misstatements and mostly met the heightened pleading standard for bringing the suit.
AT&T Customers Win Cert. In Roaming Fees Class Action
A California federal judge certified a class of AT&T customers who accused the company of misleading them about overseas roaming fees, finding in the long-running suit that, though the customers had gotten information from different sources, their claims could be heard as a group.
Gerber Can't Dodge Consumer Class Action Over Formula
An Illinois federal judge on Tuesday refused to toss claims Nestle and Gerber Products Co. falsely advertised that their infant formula prevents babies from developing allergies, finding the proposed class action cited specific misrepresentations by the companies.
LL Bean Customer’s Warranty Suit ‘Makes No Sense’: Judge
A California federal judge on Tuesday tossed with leave to amend a proposed class action that claims new limits on L.L. Bean Inc.’s century-old lifetime warranty violate consumer protection statutes, saying during a hearing the allegations are “hugely hypothetical” and the suit “makes no sense.”
Class In $3B Petrobras Deal Wants Objector Atty Sanctioned
The lead plaintiff in the historic $3 billion class action settlement resolving securities fraud claims against Petrobras asked a New York federal court on Monday to sanction the counsel of record for an objector to the settlement, saying the attorney's "frivolous" arguments prove he is only trying to "line his own pockets."
Legal Funder Can't Exit Fraud Suit After CFPB Ruling: NY AG
The New York attorney general fired back on Monday against litigation funder RD Legal Funding LLC’s efforts to shut down a suit alleging it scammed injured NFL players and ailing 9/11 first responders, saying the suit should continue despite an earlier ruling that found the Consumer Financial Protection Bureau unconstitutional.
Investors Sue MoviePass Owners As Stock Bottoms Out
Helios and Matheson Analytics Inc. investors filed a putative class action suit against the company alleging that it misled the public on the profitability of moviegoing subscription service MoviePass Inc. before the stock bottomed out, according to a filing in New York federal court Monday.
State Street, Shareholders Seek OK Of $4.9M Deal
Shareholders suing State Street Corp. in a proposed class action have asked a Massachusetts federal judge to approve a $4.9 million settlement in the case, which alleged the bank overcharged clients and inflated revenue and profits in its financial statements.
RMBS Investors Can't Get Orders Tossed In Wells Fargo Suits
A New York federal judge overseeing coordinated residential mortgage-backed securities trustee litigation against Wells Fargo Bank NA has backed a magistrate judge’s rejection of challenges both to the bank’s privilege assertions and to its push for more detail on certain claims from the investors behind the suits.
BlackBerry Slams Class Cert. Bid In Stock-Drop Suit
BlackBerry Ltd. has asked a New York federal judge not to certify a proposed class of investors alleging the company inflated its stock by hiding the poor performance of its Z10 smartphone, arguing that even the investors' experts cannot confirm that any of the company's alleged misstatements affected its share price.
Investors Say PayPal Covered Up Data Breach Of Acquired Co.
Shareholders trying to persuade a federal judge in California not to dismiss their class action claiming PayPal hid a serious data breach are equating the company’s initial public portrayal of the breach as a “security vulnerability” to being “a little pregnant.”
BNY Mellon Says Fed Law Bars Case Alleging Self-Dealing
A proposed class action lawsuit alleging the Bank of New York Mellon engaged in self-dealing should be dismissed because the case is precluded by the Securities Litigation Uniform Standards Act, the bank told a Pennsylvania federal court.
NCAA, Players Can Use O'Bannon Evidence In Antitrust Trial
The California federal judge who will try claims the NCAA illegally prevents athletes from being paid beyond their scholarships said Monday she will admit evidence from the landmark O'Bannon case, overriding multiple objections from both the sports body and the students.
Kentucky Hospital Must Face $166M Pension Suit
A federal judge ruled Tuesday that a Kentucky hospital must face claims it underfunded its employee retirement plan by $166 million due to its alleged misuse of an Employee Retirement Income Security Act exemption that is intended for churches.
Judge Won't Redo Trim Of ERISA Row Against Johns Hopkins
A Maryland federal judge has refused to reconsider an order that pared down an Employee Retirement Income Security Act lawsuit that had alleged Johns Hopkins University didn’t prudently manage a retirement plan.
Bosch, GM Want RICO Suit Over Diesel Emissions Tossed
Robert Bosch and General Motors asked a Michigan federal judge Monday to ax Racketeer Influenced and Corrupt Organizations Act claims in a putative class action accusing the technology supplier and automaker of installing emissions test-cheating devices on Chevrolet Cruze diesel cars, arguing the whole suit should be tossed.
Fiat Chrysler Must Face 'Dirty' Engine RICO Suit, Court Told
Dodge RAM truck owners on Monday defended their amended proposed class action alleging Fiat Chrysler lied about the vehicles’ emissions performance, insisting that they’ve done extensive testing and have established standing to sue the auto giant and its engine manufacturer under the Racketeer Influenced and Corrupt Organizations Act.
Homeowners Ask For Class Cert. In Defective Shingles Case
At least 1,000 people could be part of a proposed class claiming CertainTeed Corp. made defective asphalt roofing shingles and isn’t fairly compensating some people who have them on their homes, a pair of homeowners told a Washington federal court Monday.
Chiquita MDL Judge Narrows Claims Against Executives
A Florida federal court presiding over multidistrict litigation alleging Chiquita funded a right-wing Colombian terrorist organization trimmed claims Monday against several defendants in two cases but declined to fully dismiss either one.
CVS Escapes Class Action Over Flu Shot Text Messages
A New Jersey federal judge Tuesday nixed a putative class action against CVS Pharmacy Inc. for allegedly violating the Telephone Consumer Protection Act by notifying customers about the availability of flu shots via text messages, finding that the messages fell under the so-called “health care exemption.”
Consumer Reporting Biz Violated FCRA, Fired Workers Say
Consumer reporting agency Global HR Research removed a putative class action to Florida federal court Monday that alleges it violated the Fair Credit Reporting Act by providing clients access to consumer reports for employment purposes without obtaining certification they would comply with the law.
Insurers Needn't Cover Nutiva's False Ad Suit Defense
A California federal judge on Tuesday ruled that a trio of insurers have no duty to defend or indemnify Nutiva Inc. in a putative class action claiming the company misbrands its coconut oil as healthy, finding that the terms of Nutiva’s insurance policies are not met because the underlying suit does not allege the company engaged in accidental conduct.
Noncitizen Recruits Say DOD Citizenship Policy Is Unlawful
Noncitizen Army reservists have asked a D.C. federal judge to permanently block a U.S. Department of Defense policy imposing added eligibility requirements on their path to naturalization, arguing it will result in different government branches scrutinizing the same high-level security screening results twice, a needless, unconstitutional delay.
REIT Seeks To Arbitrate Homeowner’s Joist Defect Suit
Weyerhaeuser Co. on Monday urged a Minnesota federal court to force a homeowner to arbitrate his claims that defective joists in his home gave off formaldehyde gas, arguing that not doing so would run afoul of a home purchase agreement and create more confusion.
Woodbridge Noteholder Group Slams Del. Ch. 11 Disclosures
A group of Woodbridge Group noteholders on Monday urged the Delaware bankruptcy court to reject Woodbridge's Chapter 11 plan disclosures, saying they don't take into account the potentially tens of millions in secured and administrative claims the noteholders say they hold.
Takeaways From 1st Retroactive Application Of Dynamex
The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.
Interview Essentials For Attorneys On The Move
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.
Mayer Brown Appellate Chief Shot To Death At Illinois Home
Stephen Shapiro, the founder of Mayer Brown LLP's Supreme Court and appellate practice, was shot to death in his home in Northfield, Illinois, Monday night in what police described as a domestic dispute. Will Calif. Spark Movement On Outside Investment In Law?
A hard look in California at the role nonlawyers can play in the delivery of legal services could prompt a ripple effect in the U.S. if the state takes the bold step of allowing other professionals to invest in law firms and claim an ownership stake. MoFo M&A Co-Chair Named 1st-Ever CLO Of Softbank Group
The co-chair of Morrison & Foerster LLP’s global mergers and acquisitions practice group is set to become the first-ever chief legal officer and senior vice president of SoftBank Group Corp., the Tokyo-based telecommunications and internet giant announced on Monday. Loeb Taps 6 Ex-Cooley Attys To Run New SF Office
Loeb & Loeb LLP announced Tuesday that it’s opened a new office in downtown San Francisco, which will be run by six trusts and estates lawyers the firm nabbed from Cooley LLP. Atty's 'Thumbs-Up' On Monster Deal Isn't Binding: Calif. Panel
A California appeals court said Monday that an attorney didn’t breach the terms of his clients’ wrongful death settlement with Monster Energy Co. by talking to a reporter about the deal, finding that the attorney had merely given his “professional thumbs-up” by signing the contract and he wasn’t a party to it. Kavanaugh Was Driving Force Behind Divisive Bush Picks
When D.C. Circuit Judge Brett Kavanaugh goes before the Senate Judiciary Committee for his U.S. Supreme Court confirmation hearing next month, it won’t be his first time working on a contentious judicial proceeding, although now he will be the one in the hot seat. All 4 Remaining W.Va. Supreme Court Justices Impeached
The West Virginia House of Delegates has voted to impeach all four remaining members of the state’s Supreme Court, primarily due to alleged misuse of taxpayer money, including misuse of government property and high-priced office upgrades costing hundreds of thousands of dollars. Law Scholars Decry Quotas For Immigration Judges
More than 120 legal scholars told U.S. Attorney General Jeff Sessions on Tuesday that the Trump administration’s recent move to use case quotas as a measure of immigration judges’ performance undermines their independence and threatens due process, according to a letter exclusively obtained by Law360.
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