Class Action

  • November 21, 2019

    Wells Fargo Borrowers Renew Class Bid In Foreclosure Suit

    Current and former Wells Fargo mortgage borrowers with loans provided or serviced by the bank renewed a class certification bid Thursday alleging the bank denied mortgage aid to more than 850 eligible struggling homeowners, causing nearly 550 of them to lose their homes.

  • November 21, 2019

    New Barnes & Noble Owner 'Purged' Older Workers, Suit Says

    Barnes & Noble's new "vulture fund" owners have implemented a cost-saving strategy that depends on the "ruthless and unscrupulous purging" of workers over the age of 40, a former worker said in a proposed class action filed Wednesday.

  • November 21, 2019

    9th Circ. Won't Revive DVD Drive Price-Fixing Suit

    The Ninth Circuit on Wednesday refused to revive claims from consumers accusing two DVD drive makers of participating in a conspiracy to fix prices, affirming a lower court’s ruling that testimony of the buyers’ expert was too hypothetical.

  • November 21, 2019

    Hagens Berman, Cohen Milstein Get $10M Fees On 2nd Try

    A California federal judge on Thursday approved $10 million in attorney fees sought by Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC for securing a $50 million settlement over electronics industry price-fixing, saying they'd resolved concerns about "insufficient" billing explanations he'd raised earlier.

  • November 21, 2019

    Judge Kills Oil Industry Group's Calif. Oil Spill Claims

    A California federal judge said a group of individuals and businesses in the oil industry didn't have the required "special relationship" with Plains All American Pipeline LP that would allow them to pursue negligence claims against the company stemming from a 2015 oil spill.

  • November 21, 2019

    Snap Investors Win Cert. In IPO Class Action

    Shareholders in Snapchat parent Snap Inc. won certification in California federal court Wednesday in their class action over the company's alleged cover-up of problematic growth metrics ahead of its initial public offering.

  • November 21, 2019

    JPMorgan Wraps Up Ex-Worker's COBRA Suit

    JPMorgan Chase & Co. has settled a lawsuit by a former employee claiming the bank failed to properly notify him of how to keep health insurance after losing his job, according to a filing in Florida federal court Thursday.

  • November 21, 2019

    Union Fund Gets Green Light To Expand Ocwen ERISA Suit

    A union pension fund’s trustees can add to their ERISA lawsuit accusing Ocwen Financial Corp. of profiting off the 2000s financial crisis by pushing homeowners into foreclosure, a New York federal judge ruled Thursday.

  • November 21, 2019

    10 Firms Vie For Lead Status In Ford Fuel Economy MDL

    Consumers represented by Hagens Berman, Lieff Cabraser, The Miller Law Firm and others are jockeying for lead status in consolidated multidistrict litigation in Michigan alleging Ford overhyped the fuel economy of its F-150 and Ranger pickup trucks.

  • November 21, 2019

    Angry Fans Can't Sue Over Pacquiao Fight, 9th Circ. Says

    Dissatisfied consumers of the underwhelming "Fight of the Century" boxing match between Manny Pacquiao and Floyd Mayweather Jr., two of this generation's top fighters, have no legal recourse even though Pacquiao hid an injury that may have hampered him during the fight, the Ninth Circuit said Thursday.

  • November 21, 2019

    CBD Co. Says Potency Labeling Suit Is Too Hazy To Proceed

    A Florida CBD supplement company has asked a federal court to toss a proposed class action claiming its products overstated their cannabidiol content, asserting that the suit made sweeping claims about all of the firm's products based on a single, unverified test.

  • November 21, 2019

    MVP: Gibson Dunn's Theane Evangelis

    Theane Evangelis of Gibson Dunn & Crutcher LLP successfully defended Uber as the ride-hailing giant secured a major victory at the Ninth Circuit against hundreds of thousands of drivers who claimed they were misclassified as independent contractors, placing her among Law360's 2019 Class Action MVPs.

  • November 21, 2019

    Aramark Nears Deal To End Suit Over Manager Bonuses

    Aramark Corp. is hashing out the final terms of a deal to settle a proposed class action from a group of managers accusing the Philadelphia-based food giant of reneging on its promises to pay them bonuses in 2018. 

  • November 21, 2019

    Investors Urge 5th Circ. To Revive Ponzi Claims Against SEI

    A group of investors in Robert Allen Stanford's massive Ponzi scheme are asking the Fifth Circuit to revive their claim that investment processor SEI Investments Co. could have provided them with the information they needed to avoid the scheme's collapse.

  • November 21, 2019

    Jury Says Ore. Owes Counties $1B For Lost Forest Income

    An Oregon state jury on Wednesday awarded $1 billion to 14 counties and more than 100 other government entities that alleged the state has failed to extract the maximum monetary value from forests in their jurisdictions, a portion of which goes to the local governments.

  • November 20, 2019

    Centra Investors Lose 2nd Bid For Cert. In Crypto Fraud Case

    A Florida federal judge denied certification to a proposed class of Centra Tech investors for the second time in a suit over a fraudulent initial coin offering, saying Wednesday that the investors failed to justify allowing a do-over.

  • November 20, 2019

    Ill. Justices Urged To Rule Against 'Picked Off' Class Claims

    Two tenants seeking to recover security deposit interest urged Illinois’ high court Wednesday to revive their lawsuit against their former landlord, saying a recent U.S. Supreme Court finding overrules state court precedent that a class action can be dismissed if a settlement is tendered before a certification motion is filed.

  • November 20, 2019

    Orgs Say Trump's Ban On Uninsured Immigrants Is Overstep

    The American Immigration Lawyers Association and immigration advocacy groups urged an Oregon federal judge to continue temporarily blocking the Trump administration's move to ban uninsured immigrants from entering the U.S., saying the order exceeds the president's executive power.

  • November 20, 2019

    Radiology Board Gets Antitrust Suit Zapped

    An Illinois federal judge has tossed an antitrust suit against the American Board of Radiology, holding that the organization didn’t illegally tie its initial board certification for radiology physicians to a continuous certification program because the two are simply one “multi-stage process” in which tying claims are impossible.

  • November 20, 2019

    9th Circ. Autiodialer Definition Too Broad, Trade Orgs Say

    Trade associations are lining up behind Facebook to argue that courts have stretched the definition of what constitutes an autodialing device under the Telephone Consumer Protection Act too far, and that the Supreme Court should step in and put the matter to rest.

  • November 20, 2019

    Robbins Geller, Funds Push To Keep Lead In ATM Investor Suit

    Pension funds represented by Robbins Geller Rudman & Dowd LLP and the Kendall Law Group PLLC fought back Tuesday in New York federal court against a motion to reassess their appointment as lead plaintiffs in a case alleging that ATM manufacturer Diebold Nixdorf Inc. misrepresented to shareholders the success of its acquisition of a German competitor.

  • November 20, 2019

    Freddie, Fannie Bond Buyers Seek Cert. In Price-Rigging Suit

    Days after announcing a third settlement in the litigation, buyers of Fannie Mae and Freddie Mac bonds asked a New York federal judge for class certification in their antitrust suit against Bank of America, JPMorgan and other banking behemoths.

  • November 20, 2019

    Calif. Health Group's $9.5M Wage Deal Gets Final OK

    A California federal judge gave the final go-ahead Wednesday to a $9.5 million deal ending a suit alleging a Golden State health care system routinely made a class of more than 6,500 employees perform off-the-clock work without regular and overtime pay.

  • November 20, 2019

    AbbVie Investors Fight Bid To Toss Humira Kickbacks Suit

    Investors urged an Illinois federal judge on Tuesday not to dismiss a lawsuit against AbbVie Inc., saying they’ve adequately alleged that the pharmaceutical company concealed its use of an illegal strategy to market its blockbuster drug Humira.

  • November 20, 2019

    NYU Workers Press 2nd Circ. To Revive ERISA Suit

    A class of New York University workers have urged the Second Circuit to revive their ERISA case against the university, challenging a number of decisions at the lower court, including whether a former federal judge who later joined Cravath should have presided over the case.

Expert Analysis

  • Wage Ruling Clears Up Tip Questions For Calif. Employers

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    A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Justices Mull Interplay Of ERISA, Securities Laws In IBM Case

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    At recent U.S. Supreme Court arguments in IBM v. Jander, the justices grappled with the Employee Retirement Income Security Act’s difficult application and its intersection with federal securities laws in considering whether plan fiduciaries must disclose inside information about publicly traded companies, say attorneys at King & Spalding.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • How Food Label Class Actions Fare In Calif. Vs. NY

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    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • FCRA Ruling Offers Defense For Hypertechnical Claims

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    A Virginia federal court’s recent decision in Frazier v. First Advantage Background Services provides compelling grounds to challenge claims that attempt to blur the Fair Credit Reporting Act’s technical requirements that distinguish between consumer reporting agencies and the users of their reports in the hiring context, say attorneys at Troutman Sanders.

  • 2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct

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    Following the U.S. Supreme Court’s Kisor v. Wilkie opinion, which narrowed Auer deference, recent decisions in Pennsylvania and New York federal courts demonstrate that Auer remains intact, even though courts are more closely scrutinizing agencies’ interpretations of their own regulations, says Brent Owen at Squire Patton.

  • M&A 'Pure Omission' Claims Test Limits Of Securities Laws

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    The plaintiffs in two recent federal appellate M&A cases did not successfully import so-called pure omission claims from Delaware fiduciary duty law into Section 14 of the Securities Exchange Act, but plaintiffs will likely keep trying to expand federal securities law on this premise, say Matthew Kilby and Rory Collins at FaegreBD.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.