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Class Action

  • January 16, 2019

    Ex-Morgan Stanley Employee Accuses Co. Of Pregnancy Bias

    A former Morgan Stanley vice president says she was “ruthlessly” fired just weeks after returning from maternity leave, claiming in a U.S. Equal Employment Opportunity Commission charge Wednesday that the incident is illustrative of a larger issue of pregnancy-based discrimination at the Wall Street behemoth.

  • January 16, 2019

    NJ Atty Seeks Revival Of Homeopathic Flu Remedy Fraud Suit

    Members of a New Jersey state appellate panel offered divergent views Wednesday on whether a lawyer had presented enough evidence to back up his class claims that homeopathic medicine from King Bio Inc. is falsely marketed as a treatment for the flu, a product he referred to as “a bottle of broken promises.”

  • January 16, 2019

    Maxar Faces Stock-Drop Suit Over Inflated Assets, Tech Lies

    Maxar Technologies Inc. has been slapped with a proposed shareholder class action accusing the Colorado space technology company of using its $2.4 billion acquisition of a space imaging business to inflate its assets and hiding problems with one of the vendor’s satellites, causing dramatic stock plunges when the truth came out.

  • January 16, 2019

    Amazon Shoots Back At Bias Allegations Over Job Ads

    Amazon.com Inc. further urged a California federal court Wednesday to let it escape a suit accusing it of illegally blocking a proposed nationwide class of older workers from seeing Facebook job ads, arguing both that the suit's claims fall short and that the court doesn't have jurisdiction to hear them.

  • January 16, 2019

    Drugmakers Aim To Bump Delinquent Plaintiffs In Abilify MDL

    Bristol-Myers Squibb and Otsuka Pharmaceuticals asked a Florida federal judge Wednesday to require more than 550 plaintiffs to show why their claims should not be dismissed in the multidistrict legislation over the antipsychotic drug Abilify's side effects after they failed to submit plaintiff profile forms.

  • January 16, 2019

    EmblemHealth Defeats Retired Execs' Health Benefits Suit

    EmblemHealth Inc. was allowed to change the medical benefits provided to its retired executives without violating the Employee Retirement Income Security Act, as there was no explicit promise to vest those benefits, a New York federal judge ruled Tuesday.

  • January 16, 2019

    Morningstar, Prudential Beat RICO Suit Over Robo-Adviser

    Morningstar Investment Management LLC and two Prudential Financial Inc. retirement-focused subsidiaries won’t have to face allegations that they illegally colluded to profit from a robo-adviser program after an Illinois federal judge ruled Wednesday that the plan participant leading the suit failed to show they violated the Racketeer Influenced and Corrupt Organizations Act.

  • January 16, 2019

    Wyndham Gets Terms-Of-Use Claim Cut From Resort Fee Suit

    Two Wyndham companies beat a proposed class claim that their websites violate New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, after a Pennsylvania federal judge ruled Wednesday the lead plaintiff didn’t meet the law’s definition of an “aggrieved consumer.”

  • January 16, 2019

    Banks Accused Of Rigging Libor After Post-Scandal Overhaul

    A Connecticut bank on Tuesday accused the owner of the New York Stock Exchange of conspiring with some of the world's largest banks to artificially deflate a key financial benchmark after taking over responsibility for the rate setting following a previous price-fixing scandal.

  • January 16, 2019

    Lyft Shakes TCPA Suit Over Autodialed Texts For Now

    A California federal judge on Wednesday tossed an amended complaint claiming that Lyft Inc. violated the Telephone Consumer Protection Act by sending unwanted text messages to prospective customers, but said the suit could be amended again in the next 30 days.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    MetLife Beats Suit Over Interest On $500M In Late Benefits

    A New York federal judge on Tuesday tossed a proposed class action accusing MetLife Inc. and Metropolitan Life Insurance Co. of pocketing the interest on $500 million in overdue retirement benefits, saying the proposed class of retirees improperly repackaged a contract dispute as an unjust enrichment claim.

  • January 16, 2019

    Opioid Distributors Want 6th Circ. RICO Ruling Before Trial

    The Sixth Circuit should decide whether Racketeer Influenced and Corrupt Organizations Act and nuisance claims in multidistrict litigation over the opioid crisis hold up before the Ohio district court case moves on, drug distributors have told the trial court.

  • January 16, 2019

    McDermott Nabs Ex-Vedder Price Employment Pro In Chicago

    McDermott Will & Emery LLP has bolstered its employment group in Chicago with the addition of a former Vedder Price PC attorney experienced in helping companies navigate class actions, including wage-and-hour cases.

  • January 16, 2019

    Insys Shareholders Want Stay Lifted In Fentanyl Chancery Suit

    A class of shareholders suing pharmaceutical maker Insys Therapeutics Inc. and its directors over an alleged scheme to market a powerful opioid for off-label uses asked the Delaware Chancery Court to lift the stay in the proceedings to allow a motion to dismiss to move forward.

  • January 16, 2019

    Virgin America Flight Attendants Win $77M In Wage Suit

    A California federal judge awarded $77 million to a class of flight attendants Wednesday after earlier finding that Virgin America Inc. failed to pay for hours worked and shorted their overtime pay, reducing the workers' requested payout by $8 million.

  • January 16, 2019

    Justices Told ERISA Arbitral Suit Has 'Surpassing Importance'

    The University of Southern California told the U.S. Supreme Court that the court should review the Ninth Circuit’s finding that its employees couldn’t be compelled to arbitrate their Employee Retirement Income Security Act claims, arguing that the workers wrongly characterized the decision as a “mundane interpretation of contractual language.”

  • January 16, 2019

    VW Says Pre-Scandal Car Sellers Have Yet To Show Injury

    Volkswagen AG told a California federal judge that drivers who sold their diesel vehicles before news of the automaker’s massive emissions-cheating scandal broke did not suffer any financial loss and still have not put forth a viable claim for damages linked to the scandal.

  • January 16, 2019

    Napster Settles Songwriter Lawsuit Over Unpaid Royalties

    The company that currently operates Napster reached a settlement Tuesday in California federal court to end one of several class actions that claimed streaming music services had failed to pay millions in so-called mechanical royalties to songwriters.

  • January 16, 2019

    9th Circ. Sends Yahoo TCPA Coverage Row To Calif. Justices

    The Ninth Circuit on Wednesday asked California’s high court to weigh Yahoo’s bid to force an AIG insurer to fund its defense of several Telephone Consumer Protection Act lawsuits accusing the web services provider of sending unsolicited text messages, saying Golden State law is unsettled on whether liability insurance covers TCPA claims.

Expert Analysis

  • A 9th Circ. Shift On Timing For Class Cert. Motions

    Neal Ross Marder

    With its recent decision in ABS Entertainment v. CBS Corp — striking down a local rule that governs the time period for filing a motion for class certification — the Ninth Circuit created a major change to class actions in the Central District of California, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What Conn. Opioid Ruling Means For Liability Insurers

    Patrick Bedell

    In New Haven v. Purdue, a Connecticut state judge ruled last week that opioid manufacturers are not liable for cities' emergency and social services costs. This decision protects liability insurance from being transformed into a funding mechanism for social problems that it was not designed to cover, say Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • How Calif. Privacy Act Could Prompt Private Plaintiff Suits

    Joshua Jessen

    Even absent a private right of action, businesses subject to the California Consumer Privacy Act should still be concerned about the possibility of private lawsuits — including class actions — arising from the law, says Joshua Jessen of Gibson Dunn & Crutcher LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Axis V. Northrop Highlights Premature Exhaustion Risks

    Caroline Meneau

    A California federal court's decision in Axis v. Northrop reminds insureds to consider excess insurers' coverage positions when negotiating coverage with lower-level insurers. Insureds should also be wary of settlements that could be construed as disgorgement of ill-gotten assets, say Caroline Meneau and David Kroeger of Jenner & Block LLP.

  • Trends Suggest Cartel Enforcers Face Headwinds In 2019

    John Terzaken

    Judged purely by enforcement statistics, 2018 was a down year for cartel enforcement. But authorities are training their sights on new sectors, theories and targets, and considering additional ways to further sharpen their enforcement stick and sweeten the leniency pot, say John Terzaken and Elizabeth French of Simpson Thacher & Bartlett LLP.