Class Action

  • October 15, 2021

    Endo Investors Ink $63M Deal In Generics Stock Inflation Suit

    Endo International and a class of investors told a Pennsylvania federal court Friday that they reached a $63.4 million settlement to resolve claims Endo inflated its stock price by hiking its generic drug prices in tandem with competitors and then lied to investors about how it had increased its profits.

  • October 15, 2021

    Appeal Sought Over Chancery's Facebook Class Counsel Pick

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP sought a mid-case appeal Friday over a ruling granting class counsel leadership for Delaware stockholder litigation over Facebook security lapses, arguing that the Chancery's choice was both faulty and potentially overbroad.

  • October 15, 2021

    HP Must Face Most Claims In Suit Over Ink Cartridges

    A California federal judge ruled Friday that HP Inc. cannot ditch the bulk of a proposed class action alleging a ploy to force customers to buy HP ink and toner by sending firmware updates so its printers could only use HP cartridges.

  • October 15, 2021

    US Argues Detained Immigrants Don't Require Bond Hearings

    The Biden administration has told the U.S. Supreme Court that the Third and Ninth circuits botched decisions saying the law requires bond hearings for immigrants who have been detained for more than six months with final deportation orders.

  • October 15, 2021

    Google Users Push For Class Cert. In Chrome Privacy Suit

    Chrome browser users who are accusing Google of collecting personal data from them without permission are pressing U.S. District Judge Lucy Koh to allow them to proceed as a certified class, arguing that the tech giant made nearly identical privacy promises to all proposed class members.

  • October 15, 2021

    7th Circ. Affirms Remand Of BIPA Suit Against Illinois Grocer

    A Seventh Circuit panel said Friday that a federal judge was right to remand a biometric privacy lawsuit against an Illinois grocery chain to state court, citing a home-state exception in the Class Action Fairness Act and saying the chain waited too long to remove the case.

  • October 15, 2021

    Rosen Law Firm To Lead Class In Robinhood MDL

    A Florida federal judge appointed the Rosen Law Firm PA on Friday to lead multidistrict litigation that alleges stock-trading app Robinhood caused more than $10 billion in market capitalization losses after its customers were hit in January with trading restrictions on certain stocks.

  • October 15, 2021

    Texas Justices To Hear Houston Drainage Fee Dispute

    The Texas Supreme Court on Friday agreed to decide whether to revive a proposed class action against Houston and its leaders brought by property owners who say they are owed reimbursement for a drainage fee that was misleadingly imposed on residents of the city.

  • October 15, 2021

    Imminent NFL Race-Norming Deal To Be Sealed, For Now

    The anticipated agreement on how to remove controversial use of race-based norms from the NFL concussion settlement is nearing finalization, but it will be kept under seal, at least for now, a Pennsylvania federal judge ruled Friday after a request from the league, concussion class counsel Chris Seeger of Seeger Weiss LLP and attorneys for two Black former players.

  • October 15, 2021

    Cargill Meatpackers Seek Pay For COVID Screening Time

    Employees at a Cargill Meat Solutions Corp. meatpacking plant claim they should have been paid for extra time they spent being checked for COVID-19 symptoms before each shift and during their lunch breaks, according to a proposed class action filed in Pennsylvania state court.

  • October 15, 2021

    Health Care Co. Hit With Stock-Drop Suit Over Medicare Freeze

    An investor in health care delivery platform InnovAge Holding Corp. has filed a proposed securities class action alleging the company lied about its business and operations in its initial public offering, which in turn led its stock price to fall when new enrollment at one of its hospitals was banned by the Centers for Medicare and Medicaid Services.

  • October 15, 2021

    $93.5M Deals In Chicken Price-Fixing Row Get Initial OK

    An Illinois federal judge granted early approval Friday to three settlements totaling $93.5 million that commercial and institutional indirect purchasers reached with Tyson Foods Inc., Pilgrim's Pride Corp. and Mar-Jac Poultry Inc. to settle claims they conspired with competitors to fix the price of broiler chicken.

  • October 15, 2021

    Kemper Strikes $17.6M Deal To End Data Breach Litigation

    Kemper Corp. and subsidiary Infinity Insurance Co. have entered a settlement valued around $17.6 million to end litigation over claims stemming from two data breaches that gave hackers access to customers' personal information, a proposed customer class said Thursday.

  • October 15, 2021

    49ers Stadium Contractor To Pay Team $6M For ADA Liability

    The general contractor for Levi's Stadium has agreed to pay $6 million to the San Francisco 49ers for its alleged role in building a purported "disability access nightmare," two years after the NFL team inked a $24 million Americans with Disabilities Act class settlement over the venue.

  • October 15, 2021

    Tether To Pay CFTC $41M Over Stablecoin Reserve Claims

    The U.S. Commodity Futures Trading Commission said Friday that Tether will pay $41 million to resolve allegations that it misled the market about its namesake stablecoin being "fully backed" by U.S. dollars.

  • October 14, 2021

    Zendesk Wants 9th Circ. To Affirm Ax Of Investors' Breach Suit

    Software company Zendesk is urging the Ninth Circuit to uphold the dismissal of a putative securities class action accusing it of concealing a 2016 data breach, arguing that it never lied to or misled investors about the strength of its data security program. 

  • October 14, 2021

    Pharmacies Slam Cherokee Bid To Remand Opioid Claims

    Big pharmacy companies have urged an Oklahoma federal court not to grant the Cherokee Nation's bid to move its opioid suit against them to state court, arguing that a remand would disrupt multidistrict litigation claiming that the drug's makers, its distributors and pharmacies are responsible for the nationwide opioid epidemic.

  • October 14, 2021

    CFPB, FTC Wade Into 4th Circ. Fight Over Public Records Site

    The Consumer Financial Protection Bureau and Federal Trade Commission told the Fourth Circuit on Thursday that a public records website cannot use so-called Section 230 liability protections for tech platforms to shield itself from a class action accusing it of credit reporting violations.

  • October 14, 2021

    Fed. Circ. Upholds HP's Victory In Printing Patent MDL

    The Federal Circuit on Thursday affirmed a Texas federal court's decision to clear HP and other companies in multidistrict litigation accusing them of infringing several printing patents, while upholding an attorney fee order that the patent owner engaged in misconduct.

  • October 14, 2021

    Dental Co. To Pay $63M To End Investors' Price-Fixing Suit

    Patterson Cos. Inc. has agreed to pay $63 million to end investors' class action in Minnesota federal court accusing the dental supply company of working with competitors to fix prices, according to the investors' unopposed bid for preliminary approval of the deal Thursday.

  • October 14, 2021

    Cookware Firm Says Warranties Should Block Defect Suits

    A Pennsylvania-based cookware company pointed repeatedly to its "lifetime warranty" Thursday as reason to dismiss several cases from federal multidistrict litigation over allegedly defective pots and pans.

  • October 14, 2021

    9th Circ. Won't Revive Ex-HP Worker's No-Poach Claims

    The Ninth Circuit on Thursday refused to revive a laid-off HP Inc. worker's proposed class action alleging HP cut a "no-poach" deal with a 3D-printing rival that diminished employees' wages, a week after the panel questioned during oral arguments whether the plaintiff plausibly alleged such an agreement existed.

  • October 14, 2021

    Rosen Law To Lead Didi Investor Suit Over China Crackdown

    The Rosen Law Firm PA beat out nine other firms in a bid to represent a putative class of investors in the Chinese ride-hailing giant Didi Global Inc. who sued the company after a crackdown by its home nation's government over alleged data security violations that led its stock to slip below its initial public offering price.

  • October 14, 2021

    Texas Judge Wants Unions' Input On United Vaccine Mandate

    A Texas federal judge lamented Thursday the lack of union involvement in a dispute between United Airlines and a proposed class of employees challenging the airline's accommodations for workers exempted from its vaccine mandate for religious or medical reasons.

  • October 14, 2021

    Judge Wary Aaron's Fraud Suit Simply Mirrors FTC Action

    A Georgia federal judge on Thursday expressed concern that letting shareholders maintain a fraud suit against rent-to-own retailer Aaron's Inc. would open the door for every government investigation into a company to become litigation.

Expert Analysis

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Social Media, Mass Torts Affect Adverse Event Reports

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    Increases in mass tort litigation e-discovery and social media use are driving a surge in the amount of adverse event information received by manufacturers from the public about their drugs and medical devices, so companies must proactively consider how they will handle this data while remaining compliant with their reporting obligations, says Adam Pierson at DLA Piper.

  • Practical Implications Of Delaware's New Demand-Futility Test

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    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

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    An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Opinion

    Arbitration's Supposed Benefits Don't Measure Up

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    Arbitration is a sham, not because it is worthless, but because most of its benefits can be obtained in litigation, and other benefits that lack a parallel in litigation do not incur mutually to the parties, says Paul Stephan at Cohen Milstein.

  • Shareholder Ruling Resolves Dual-Natured Claim Uncertainty

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    The recent Delaware ruling in Brookfield v. Rosson, which eliminates the ambiguity surrounding so-called dual-natured direct and derivative claims, eases 15 years of tension around the doctrine and clears a path for corporate deal makers, say attorneys at MoFo.

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