Class Action

  • July 19, 2019

    Attys Seek $6M Award For El Pollo Loco Stock-Drop Deal

    Lawyers have asked a California federal court to award them $6 million in attorneys’ fees after settling a suit for an investor class that claimed El Pollo Loco’s top executives concealed the source of the chicken chain's decreasing sales then sold their own shares ahead of a stock plunge.

  • July 19, 2019

    Texas Nurses Told To Go It Alone Or Drop Antitrust Suit

    A Texas federal judge has ordered San Antonio registered nurses to either drop their proposed class action or individually pursue antitrust claims that three area hospital systems colluded to suppress staffers' salaries.

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    BCBS Loses Bid To Toss Mental Health Coverage Class Action

    A Bay State federal judge on Friday shot down a bid by Blue Cross Blue Shield of Massachusetts to kill a proposed class action brought by parents who say the insurer wrongly refused to cover certain residential mental health treatments for adolescents.

  • July 19, 2019

    Judge Won't Let HSBC Hong Kong Kill Discovery In Ponzi Suit

    A New York federal judge on Friday said he would not reconsider his decision to order jurisdictional discovery for claims that HSBC's Hong Kong affiliate aided a Ponzi scheme that pulled $37 million from investors' pockets.

  • July 19, 2019

    Geico Liable For Totaled Car Fees In Fla. Class Action

    Florida drivers who totaled their cars are entitled to title and license plate fees from Geico, a federal judge ruled Friday, saying the payments are part of the vehicles’ replacement costs under the insurer’s policy.

  • July 19, 2019

    Couple Tries To Save $2B Roundup Win After Judge Slashes It

    A couple urged a California judge Friday to keep intact a $2.055 billion jury verdict against Monsanto in a trial over claims its Roundup contributed to their cancer, after the judge tentatively ruled that the award should be cut significantly.

  • July 19, 2019

    $5.5M Mahle Behr AC Price-Fixing Deal Scores Tentative OK

    A Michigan federal judge on Friday tentatively approved Mahle Behr's $5.5 million deal to end proposed class claims it conspired to rig the prices of vehicle air conditioning systems in sprawling antitrust multidistrict litigation involving global auto parts manufacturers.

  • July 19, 2019

    11th Circ. Won't Force City To Trash Red Light Cameras

    The Eleventh Circuit has said it will not stop an Alabama city from using traffic cameras to penalize drivers who run red lights, dismissing a lawsuit challenging the policy for reasons that differ from an Alabama district court's.

  • July 19, 2019

    'Conspiracy' Claim Can't Save Antitrust Case, 7th Circ. Told

    The Seventh Circuit should reject attempts to cut the legs off a rule blocking indirect purchasers from suing a manufacturer for antitrust violations, the Washington Legal Foundation told the court, which is considering antitrust claims from buyers of syringes and catheters who think they were forced to pay too much.

  • July 19, 2019

    Gamers Say Nintendo Joystick Defect Ruins Controllers

    A proposed class of video game players sued Nintendo of America Inc. in Washington federal court on Friday, saying the acclaimed developer has known about a defect in controllers for its latest system but refuses to fix it.

  • July 19, 2019

    2nd Circ. Revives NYC Taxi Drivers' Unfair Suspension Suits

    The Second Circuit ruled Friday that New York City's practice of summarily suspending licenses for taxi drivers who've been arrested but not yet convicted deprives them of due process by denying them meaningful opportunities to challenge their suspensions.

  • July 19, 2019

    GSK Calls For Preemption Ruling In Zofran Birth Defect MDL

    GlaxoSmithKline has renewed its bid to end multidistrict litigation in Massachusetts federal court over claims it didn’t warn customers about alleged birth defects resulting from its anti-nausea medication, saying a recent Supreme Court ruling opens the way for the judge to rule the claims are preempted by federal law.

  • July 22, 2019

    Q&A With Skadden Mass Torts Leader John Beisner

    Skadden Arps Slate Meagher & Flom LLP's John Beisner — recently tapped by Bayer AG to advise the company on the ongoing litigation over its weedkiller Roundup — talked with Law360 about what changes he's seen in mass tort proceedings, his most challenging cases and his reflections on the passing of the late Justice John Paul Stevens.

  • July 19, 2019

    Ex-Merck Workers Get Green Light For $6.2M Sex Bias Deal

    A New Jersey federal judge signed off Friday on a $6.2 million settlement in a proposed class action against Merck & Co. Inc. over gender discrimination claims from female former sales representatives, saying the agreement is set to benefit roughly 3,000 class members.

  • July 18, 2019

    Mitsubishi, Corning Get Judge's Nod In Auto Parts Cartel Deal

    A Michigan federal judge on Thursday granted preliminary approval to two agreements totaling roughly $10.5 million to resolve claims in proposed class actions by auto dealers against Mitsubishi, Corning Inc., and a Japanese subsidiary that they colluded with other manufacturers to fix prices on car parts sold to U.S. automakers.

  • July 18, 2019

    Talc Left 'Fingerprint' In Ky. Travel Agent's Lungs, Jury Hears

    A Kentucky travel agent who died of mesothelioma had a signature mix of talc and asbestos in her lung tissue traceable to talcum powder, according to evidence presented Thursday in an unusual joint trial against manufacturers Johnson & Johnson and Colgate-Palmolive.

  • July 18, 2019

    Judge Alsup's Settlement Rules Face Fire At 9th Circ.

    Logitech Inc. urged the Ninth Circuit Thursday to scrap U.S. District Judge William Alsup’s standing order to prohibit parties from entering settlement negotiations until after class certification is decided, arguing that the order violates the parties’ First Amendment rights and federal civil procedure rules that promote settlements.

  • July 18, 2019

    'Repealer' Cathode Ray Tube Buyers Oppose Separate Trials

    Indirect purchasers of television and computer component cathode ray tubes from nine states, who were excluded from a $576.8 million price-fixing settlement with Toshiba, Panasonic and LG, have urged a California federal court to throw out a bid from other buyers seeking two separate trials next year.

  • July 18, 2019

    Investors Push For Class Cert. In Oil Co. Stock Fraud Row

    A proposed class of investors in Dakota Plains Holdings Inc. on Thursday urged a New York federal judge to certify a class action against the bosses of the defunct oil transloading company over a purported stock manipulation scheme, citing the commonality of investor claims.

  • July 18, 2019

    9th Circ. Asked To Revive Tesla Model 3 Disclosures Suit

    Investors told the Ninth Circuit that Tesla Inc. knowingly misled the public about the pace of production of its Model 3 sedan and shouldn't be allowed to dodge proposed class claims that its investors bore the brunt of the damage when Tesla's stock declined.

  • July 18, 2019

    CVS Says It's 'Impossible' To Tell Who's In Price-Gouging Suit

    CVS urged a Rhode Island federal judge not to certify classes of insured health plans claiming the company conspired with pharmacy benefits managers to overcharge them for generic drugs while secretly offering discounts to cash-paying customers, saying the fraud classes are undefinable.

  • July 18, 2019

    Hertz Escapes Class Allegations In Robocall Suit

    An Illinois federal judge on Thursday struck class allegations against The Hertz Corp. from consumers who accused the car rental company of repeatedly making unwanted robocalls, finding that the circumstances in the named plaintiff's case are too specific to represent the proposed class.

  • July 18, 2019

    Plaintiffs Attys May Be Inflating Hours For Larger Awards

    Plaintiffs attorneys in securities class actions may be tempted to inflate their billable hours with unnecessary work to justify large fee awards, according to a new report published Tuesday by three law professors.

  • July 18, 2019

    Investors Slam Camping World's Bid To Toss Stock-Drop Suit

    A putative class of investors urged an Illinois federal court not to toss their suit against Camping World Holdings Inc., saying "operational challenges" and a failure to predict the future by its leadership still meant it misled investors.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Opinion

    NY Credit Card Securitization Class Action Misuses Madden

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    In Cohen v. Capital One Funding in New York federal court, the plaintiffs' argument — that special purpose trusts charged and collected interest rates in excess of New York's usury limits — relies on a flawed understanding of the Second Circuit's decision in Madden v. Midland Funding, which was itself erroneous and harmful to credit markets, says Walter Zalenski of Buckley.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • NY Laws May Prompt Uptick In Pay Equity Claims

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    New York recently signed into law a statewide prohibition on salary history inquiries and amended its equal pay law. Attorneys at Morgan Lewis explain the laws’ key provisions and discuss the important takeaways for employers.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • Verifying Confidence Intervals In The Wage-And-Hour Context

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    Using the example of a random sample of wage-and-hour class members, Brian Kriegler at Econ One Research explains how to overcome data challenges that seemingly impede the calculation of reliable confidence intervals for identifying data characteristics of a defined population.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • When FCPA Violations Turn Into Private Securities Cases

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    In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • A Closer Look At Calif. Privacy Law Bar On 2 Contract Clauses

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    It seems likely that practitioners will have a strong argument that the California Consumer Privacy Act’s prohibition on arbitration and class action waivers should be preempted by the Federal Arbitration Act, say Alexis Miller Buese and Rachel Goldberg of Sidley Austin.

  • The Supreme Court’s Stealth Revolution In Civil Procedure

    Excerpt from Lexis Practice Advisor
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    Over the last decade, U.S. Supreme Court decisions have created several procedural weapons, including personal jurisdiction, venue forum selection clauses, gatekeeping rules for pleadings, arbitration protections for businesses, and limits on class actions, says Jim Wagstaffe of Wagstaffe von Loewenfeldt.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.