Class Action

  • November 30, 2020

    First American Hit With Derivative Suit Over Data Breach

    A shareholder of title insurance company First American Financial Corp. has filed a derivative complaint in Delaware federal court alleging the company's officers and directors allowed a security breach to expose more than 885 million sensitive records, making customers vulnerable to fraud and identity theft.

  • November 30, 2020

    TSA Worker Says Security Screeners Owed Virus Hazard Pay

    A Transportation Security Administration employee filed a putative class action Monday against the federal government alleging that TSA workers are being deprived of required hazard and environmental discharge pay for work conducted at airports during the COVID-19 pandemic.

  • November 30, 2020

    Fla. School Must Face Suit Over COVID-19 Closure

    A Florida federal judge on Sunday denied Lynn University's bid to dismiss a proposed class suit over its decision not to issue partial tuition and fee refunds after classes were moved online due to the COVID-19 pandemic.

  • November 30, 2020

    Resort Operators Must Face Trial Over Tip-Pocketing Claim

    A proposed class of servers and housekeepers at three Pennsylvania resorts can go to trial with their allegation that the resorts' operators unfairly pocketed a gratuity charged to guests, a Pennsylvania federal judge has ruled, saying it isn't clear whether guests thought the fee was a tip to the workers.

  • November 30, 2020

    Class Action Group Of The Year: Cohen Milstein

    Cohen Milstein Sellers & Toll PLLC helped secure $600 million for Flint, Michigan, residents exposed to lead-tainted water and assisted with negotiating a $575 million deal to settle antitrust claims against a major California hospital system, earning the firm a place among Law360's 2020 Class Action Groups of the Year.

  • November 30, 2020

    UK Trading Firm Says COVID To Blame For Oil Price Crash

    A London-based firm that made more than $500 million in trading profits when U.S. oil prices went negative in April told an Illinois federal court it's not to blame for the historic demand slump, which it characterized as a byproduct of the coronavirus pandemic.

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 25, 2020

    Monsanto, BASF Get $265M Dicamba Verdict Slashed To $75M

    A Missouri federal judge on Wednesday cut a punitive damages award that a Missouri farm won against Monsanto and BASF in a bellwether trial over claims the weedkiller dicamba ruined the farm's peach trees from $250 million to $60 million, ruling that the case involved only economic damages as opposed to physical harm.

  • November 25, 2020

    2nd Circ. Revives Chinese Education Co. Investor Suit

    The Second Circuit revived a securities suit against China-based TAL Education Group on Wednesday after finding investors had sufficiently supported their claims that TAL secretly controlled two companies in which it had invested.

  • November 25, 2020

    ​​​​​​Walmart Shoppers Strike $5M Deal In Return Policy Fight

    A Missouri federal judge on Wednesday gave his blessing to a proposed $5 million class settlement resolving Walmart shoppers' claims that the retail giant stiffed customers on full refunds when accepting returns.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

  • November 25, 2020

    Norwegian Cruise Rips Investors' Virus Sales Fraud Claims

    Norwegian Cruise Line slammed investors' claims that it ran a "top-down" deceptive sales campaign downplaying the COVID-19 pandemic to prospective customers in order to stave off revenue losses, maintaining that it doesn't have to disclose allegedly aggressive sales practices.

  • November 25, 2020

    Toyota Gets Faulty Highlander Drive Shaft Suit Axed For Now

    A California federal judge has dismissed a proposed nationwide consumer class action accusing Toyota Motor Corp. of creating Highlander model SUVs with defective drive shafts and knowingly concealing the issue, but gave the proposed class a chance to amend its complaint.

  • November 25, 2020

    Coke Bottler Accused Of 'Glaring' ERISA Breach In 401(k) Suit

    Former employees of the country's largest Coca-Cola bottler have hit the company, its board and its benefits committee with a proposed class action in North Carolina federal court, alleging they mismanaged their retirement portfolio and participated in a "glaring breach" of their fiduciary duties under the Employee Retirement Income Security Act.

  • November 25, 2020

    200,000-Member ERISA Class Certified In TIAA Lending Beef

    A New York federal judge certified a nationwide class of nearly 8,000 retirement plans covering more than 200,000 participants in a lawsuit alleging the Teachers Insurance and Annuity Association unlawfully profited from its retirement loan program, appointing Berger Montague PC and Schneider Wallace Cottrell Konecky LLP class counsel.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Calif. Walgreens Workers Bag $4.5M Wage Deal

    Walgreens and a class of workers have received a California federal judge's approval for their $4.5 million settlement to resolve claims that the pharmacy chain broke Golden State labor law by not paying all wages to employees at its distribution centers.

  • November 25, 2020

    Danish Gov't Fires Back At Bid To Toss $2.1B Tax Fraud Suit

    Denmark's government urged a Manhattan federal judge not to toss its enhanced $2.1 billion tax refund fraud suit, arguing the claims are timely and that counterclaims should be rejected on the same grounds the court denied an initial dismissal bid.

  • November 25, 2020

    Facebook's $650M Biometric Privacy Deal Draws 1.5M Users

    More than 1.5 million Illinois Facebook users are seeking to claim a share of a proposed $650 million deal to resolve biometric privacy claims brought against the social media company in California federal court, according to a Wednesday filing by counsel for the parties, who had previously said that roughly 6 million consumers were eligible to participate in the settlement.

  • November 25, 2020

    Baker Botts Nabs Jenner & Block ERISA Vet In San Fran

    Baker Botts LLP has picked up its first West Coast-based Employee Retirement Income Security Act expert, adding a veteran ERISA litigator from Jenner & Block LLP to its ranks in San Francisco.

  • November 25, 2020

    MoFo Pans 'Self-Righteous Say-So' In Maternity Bias Case

    Morrison & Foerster LLP has fired off a final effort to shut down allegations that the firm discriminates against mothers before the claims wind up before a jury, insisting that the two accusers remaining in the litigation ignore the facts and rely on "self-righteous say-so."

  • November 25, 2020

    Drivers Say GM Engines Were 'Engineered To Fail'

    A group of drivers led by a siding business is hitting General Motors LLC with a proposed class action alleging that it knowingly sold vehicles with engines "engineered to fail" through a defective oil system.

  • November 25, 2020

    Suit Says 'Infant' Fever Drugs Are Same As 'Children' Drugs

    Parents who bought infant fever medication made by Prestige Consumer Healthcare Inc. are suing the company in California federal court, alleging in a proposed class action that the drugs are the same dosage and formula as the medication labeled for children, but at nearly double the price.

  • November 25, 2020

    Texas PI Firm Settles Client Poaching Suit With Fired Atty

    A Texas personal injury firm has resolved a dispute with a former attorney it accused of poaching 50 mass tort litigation clients after she was fired for what the firm says was bad performance, just weeks after the fight hit the courts.

Expert Analysis

  • Mindbody Deal Case Provides Conflict Takeaways For Boards

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    The Delaware Chancery Court's recent decision in Mindbody illustrates how courts assess alleged management conflicts in M&A litigation, but the case's core lesson is the need for boards of directors to uncover and manage actual and potential conflicts of interest in the sale process — in particular, those of the lead negotiators, say Tyler O'Connell and Albert Carroll at Morris James.

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • How To Prepare For Congressional Investigations In 2021

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    Congressional investigations in the health care, financial services, fossil fuel and technology sectors are likely to intensify next year amid a highly partisan environment, and companies that may be targets should get ready for testimony and document production well before an inquiry, say attorneys at Hogan Lovells.

  • What Biden Presidency May Mean For Data Privacy Litigation

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    The administration of President-elect Joe Biden will likely bring major changes to data privacy law and attendant litigation, including federal legislation that could preempt state laws, renegotiation of conditions for EU data transfers to the U.S., and increased Federal Trade Commission enforcement activity, say attorneys at Squire Patton.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 5 Tips For In-House Counsel Anticipating Cyber Class Actions

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    In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • When A Product Liability Case Can't Survive Outside An MDL

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    Baca v. Johnson & Johnson, a recent pelvic mesh lawsuit brought in Arizona federal court, is a perfect example of how some product liability cases that might be accepted in a multidistrict litigation contain deficiencies that cannot withstand scrutiny when tried individually, says Rachel Weil at Reed Smith.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

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