Class Action

  • September 25, 2020

    Sunoco Seeks To Overturn $155M Okla. Royalty Ruling

    Sunoco Inc. is trying to undo a ruling that it owes tens of thousands of Oklahoma royalty owners $155 million for not automatically paying interest on late payments, requesting a new trial as it awaits a Tenth Circuit determination on the timing of its planned appeal. 

  • September 25, 2020

    ViSalus Pushes For Trial Redo In $925M Robocall Dispute

    Health supplement maker ViSalus is arguing that a lack of uniformity in the types of calls consumers received and whether they consented to this contact should prompt an Oregon federal judge to order a new trial in a long-running robocall dispute, while the lead plaintiff wants to start distributing the $925 million awarded after the original jury trial to class members. 

  • September 25, 2020

    Deutsche Bank Can Arbitrate Ex-ITT Students' RICO Claims

    A California federal judge decided Thursday that student loan borrowers must arbitrate claims that Deutsche Bank helped carry out a predatory lending scheme on behalf of ITT Tech, but denied arbitration to the loan servicer Vervent.

  • September 25, 2020

    Buyers Defend Standing In German Car Cos. Antitrust MDL

    Car dealerships and consumers told a California federal judge Thursday that they've clearly alleged that they've been saddled with higher costs resulting from a decadelong conspiracy involving German auto giants that sought to control diesel emissions systems specifications and the price of steel.

  • September 25, 2020

    NJ's The Place For Eye Damage MDL, Patients Say

    Lawsuits alleging Johnson & Johnson's pharmaceutical unit concealed a harmful side effect of bladder cyst medicine Elmiron should be heard in New Jersey federal court due to the number of cases already filed there, a group of patients told the Judicial Panel on Multidistrict Litigation Friday.

  • September 25, 2020

    Care.com Escapes Investors' Background Check Suit

    A Massachusetts federal judge on Friday tossed a proposed class action that alleged home care referral website Care.com and its executives led investors to believe it did background checks on care providers, ruling the company didn't say it would vet every caregiver on its website.

  • September 25, 2020

    Trucking Co. Agrees To Pay $2.8M In Wage-And-Hour Row

    A Pennsylvania trucking company will pay $2.8 million to resolve a wage-and-hour putative class action, following a California federal judge's approval of a deal between the company and a group of truckers alleging they were misclassified as independent contractors and denied a variety of expense reimbursements.

  • September 25, 2020

    Small Biz Fights Wells Fargo's Arbitration Bid In PPP Suit

    A California pet groomer behind a proposed class action alleging that Wells Fargo stiffed applicants for the Paycheck Protection Program has urged a San Diego federal judge to reject the bank's bid to compel arbitration in the case, arguing that the customer agreements cited by the bank don't apply.

  • September 25, 2020

    Uber Says Lack Of Common Ground Dooms Driver Class Bid

    Uber has urged a California federal judge not to certify a proposed class of drivers accusing the ride-hailing giant of shorting them on benefits by misclassifying them as independent contractors, telling the court there are too many individualized questions for the case to move forward as a class action.

  • September 25, 2020

    Google Parent Makes 'Sweeping' Deal To Boost Diversity

    Google parent Alphabet Inc. has agreed to spend $310 million on diversity and inclusion initiatives to settle California litigation alleging the company misled investors by covering up sexual harassment and abuse by executives, the shareholders' attorneys said Friday.

  • September 25, 2020

    BNY Mellon Accused Of Aiding Ex-BigLaw Atty In $4B Fraud

    Bank of New York Mellon was accused of playing a "central role" in the $4 billion OneCoin cryptocurrency scam by investors in a proposed class action amended on Thursday.

  • September 25, 2020

    Cerner, Workers Near Settlement In 401(k) Suit

    Cerner Corporation has reached a monetary deal with former employees who claim the company mismanaged their 401(k) plan, the workers told a Missouri federal court.

  • September 25, 2020

    2nd Circ. OKs Toss Of Suit Over German SW Africa Atrocities

    The Second Circuit has ruled that a lawsuit seeking damages from Germany for atrocities and property seizures committed by its colonial authorities against Indigenous groups from southwestern Africa more than a century ago can't proceed in New York under foreign sovereign immunity law.

  • September 25, 2020

    Dime Community Investor Sues To Block $489M Bank Merger

    A Dime Community Bancshares Inc. investor has filed a proposed class action in Delaware federal court seeking to block the bank's planned $489 million sale to Bridge Bancorp Inc., claiming not enough information has been provided for shareholders to make an informed decision on the transaction.

  • September 25, 2020

    Brown Law Tapped To Lead Tivity Health Class Suit In Del.

    The Brown Law Firm PC emerged Thursday as lead counsel in a federal consolidated suit seeking damages from directors and officers in the name of nutrition company Tivity Health Inc., who are blamed for a steep stock slump tied to its $1.3 billion acquisition of Nutrisystem Inc. in 2019.

  • September 25, 2020

    Qudian Investors Fight Bid To Nix Securities Suit Over IPO

    A proposed class of investors in online microlender Qudian Inc. urged a New York federal judge Thursday to reject bids to dismiss a securities suit alleging the Chinese company hid its unfair debt collection practices, business plan and data vulnerabilities, causing its stock to tank after its initial public offering.

  • September 25, 2020

    Just Brands Fights False Ad Suit Over CBD Content

    Just Brands USA Inc. and SSGI Financial Services Inc. are firing back against a proposed class action alleging Just Brands' products overstate how much CBD they contain, saying the complaint is too vague and fails to say which actions were taken by which companies.

  • September 25, 2020

    LNG Shipper Sued After Exec Tied To Petrobras Bribery Probe

    An investor in liquefied natural gas shipping company Golar LNG has filed a putative class action claiming its artificially inflated stock prices fell following reports that the CEO of a company joint venture was named in the Brazilian anti-corruption sweep Operation Car Wash.

  • September 24, 2020

    DoorDash Steers Users From Non-Partner Eateries, Suit Says

    DoorDash has been deceptively steering customers away from restaurants not partnered with the restaurant delivery service by falsely listing them as "closed" or "too far away" on its app, a St. Louis restaurant claimed Thursday, hitting the company with a proposed class action in California federal court.

  • September 24, 2020

    Chase Bank Accused Of Wrongly Charging Overdraft Fees

    A proposed class action filed in California federal court on Thursday against Chase Bank alleges the institution routinely assesses overdraft fees on transactions that do not actually overdraw the accounts, leading to millions of dollars "bilked" from customers' pocketbooks.

  • September 24, 2020

    Firm Urges 8th Circ. To Ax $1 Award Over Judge's 'Disdain'

    An Arkansas law firm that received $1 in attorney fees after settling an overtime collective action against a pipe manufacturer reinforced its request for the Eighth Circuit to reconsider the trial court's fee award, accusing the judge of having "disdain" for the firm.

  • September 24, 2020

    Attys Decry Co-Counsel's 'Irrational' Fee Bid In ICO Suit

    Half of a co-lead counsel team cried foul play over the allegedly "irrational" disbursement of an $8.3 million counsel fee following settlement of an investors' securities offering fraud suit against Swiss blockchain company Tezos Stiftung.

  • September 24, 2020

    Panel Weighs 'Middle Ground' For COVID-19 Insurance MDLs

    The Judicial Panel on Multidistrict Litigation grappled Thursday with whether to create five multidistrict litigation cases to centralize COVID-19 business interruption suits against four insurers and a group of Lloyd's of London underwriters, an approach one policyholder attorney called a "sensible middle ground" after the panel refused to form one nationwide MDL.

  • September 24, 2020

    J2 Insiders Unjustly Enriched By $200M Investment, Suit Says

    Digital media business J2 Global Inc. was hit with a shareholder derivative suit Thursday in Delaware Chancery Court claiming certain former or current insiders were unjustly enriched through the company's $200 million investment in another venture affiliated with them.

  • September 24, 2020

    Goldman Gets Industry Support For High Court Cert. Fight

    Goldman Sachs got support from Wall Street groups, former U.S. Securities and Exchange Commission officials, law professors and others on Thursday in its challenge before the U.S. Supreme Court of class certification in a hotly watched securities class action.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • Foreign Securities Class Actions 10 Years After Morrison

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    The U.S. Supreme Court’s landmark 2010 decision in Morrison v. National Australia Bank has had a sweeping impact on the application of the federal securities laws to transnational securities fraud, but it has not brought the predictability and consistency it promised and has exposed foreign issuers to greater U.S. class action liability, say attorneys at Cleary.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • Opinion

    9th Circ. Antitrust Ruling Threatens NFL, Free Enterprise

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    The U.S. Supreme Court should reverse a recent Ninth Circuit decision — holding that the NFL-DirecTV Sunday Ticket joint venture violates antitrust laws — because it jeopardizes a business model driving innovation in this country, says former Sen. Orrin Hatch.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • And Now A Word From The Panel: Justifying An MDL

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Ginsburg's Passing Could Usher In A Narrower TCPA

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    Justice Ruth Bader Ginsburg's broad commitment to the class action vehicle is unlikely to be shared by a Trump-appointed U.S. Supreme Court justice, suggesting a continued shift toward a narrower application of consumer protection statutes like the Telephone Consumer Protection Act, says Eric Troutman at Squire Patton.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

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