Class Action

  • July 02, 2020

    Sutter Health Indirect Purchasers Vie For Cert. In $489M Suit

    Health insurance plan purchasers seeking $489 million from Sutter Health on claims they overpaid because the hospital chain violated antitrust laws told a California federal judge during a hearing Thursday that their renewed class certification bid isn't doomed by a dispute over calculating damages.

  • July 02, 2020

    LendingClub Investors Push Chancery To Keep Claims Alive

    An attorney for a stockholder who sued online lender LendingClub Corp. for allegedly misleading investors about a federal investigation said they have dropped an insider trading claim during Chancery Court dismissal arguments Thursday, but urged the court to keep alive unjust enrichment and related claims. 

  • July 02, 2020

    Calif. Air Medics Get Initial OK For $78M Wage Settlement

    A California state judge has given a preliminary thumbs-up to a $78 million settlement that would resolve outstanding claims by a certified class of about 450 medical flight crew workers accusing helicopter operator Air Methods Corp. of committing various wage violations.

  • July 02, 2020

    Composer Says YouTube Fosters 'Hotbed' Of Copyright Piracy

    Grammy Award-winning composer Maria Schneider hit YouTube with a putative class action in California federal court Thursday alleging it facilitates a "hotbed" of copyright infringement through its enforcement system, which she said only protects major studios and record labels and abandons "ordinary creators" like her.

  • July 02, 2020

    United Airlines Seeks To Duck Suit Over $5B Virus Relief Deal

    United Airlines urged an Illinois federal judge on Thursday to dismiss a putative class action accusing it of breaching its agreement with the federal government over $5 billion in payroll support funds amid the coronavirus pandemic, arguing the employee who filed the suit has no statutory rights to enforce the agreement.

  • July 02, 2020

    CareerBuilder Beats 401(k) Fee Suit After Northwestern Does

    An Illinois federal judge has tossed a proposed ERISA class action against CareerBuilder LLC, rejecting allegations of excessive 401(k) plan fees by citing Northwestern University's recent defeat of similar claims in the Seventh Circuit.

  • July 02, 2020

    Calif. Ryder Delivery Drivers Ink $5M Miclassification Deal

    A motor carrier owner working for Ryder System Inc. urged a California federal judge Wednesday to sign off on a proposed $5 million class settlement to resolve claims that Ryder misclassified delivery workers as independent contractors to avoid paying all wages and job-related expenses.

  • July 02, 2020

    PwC Employees Say Too Late To Add Them To TelexFree MDL

    Attempts to add a PricewaterhouseCoopers partner and manager as defendants in the multidistrict litigation over the TelexFree Ponzi scheme are pure "gamesmanship" and should not be permitted, the men told a Massachusetts federal judge Wednesday.

  • July 02, 2020

    DC Judge Knocks ICE For Detaining Teens, Altering Evidence

    A D.C. federal judge on Thursday found that U.S. Immigration and Customs Enforcement broke the law by not considering less restrictive housing options for migrant teenagers who turn 18 in government custody, and knocked the agency for altering evidence before trial.

  • July 02, 2020

    Portola Says Stock Drop Was 'Reversal Of Fortune,' Not Fraud

    Portola Pharmaceuticals pushed a California federal judge to toss a proposed class action accusing the company of misstating the actual market value of its blood coagulant, Andexxa, arguing there is no evidence it misled its shareholders.

  • July 02, 2020

    GSK Takes Avandia Marketing Battle To Supreme Court

    GlaxoSmithKline is asking the U.S. Supreme Court to upend a Third Circuit ruling in a case over the marketing of the diabetes medication Avandia, saying the appeals court had taken an "impossibly capricious view" of the drug company's duty to provide information to regulators.

  • July 02, 2020

    EEOC Charge Alleges Sweeping Racial Bias At Facebook

    Facebook screens out Black job applicants and routinely relies on peer reviews by its overwhelmingly white and Asian American workforce to unfairly deny promotions to its few Black employees, according to a class action race bias charge filed Thursday with the U.S. Equal Employment Opportunity Commission.

  • July 02, 2020

    Apple Seeks To Ditch Suit Over Laptop Displays

    Apple recently hit back against a proposed class action claiming it hid display defects on 15-inch MacBook Pro laptops, saying the suit is based on a false assumption on the design and can't be backed by facts.

  • July 02, 2020

    J&J Investors Seek Cert. In Asbestos Stock-Drop Suit

    A proposed class of Johnson & Johnson investors asked a New Jersey federal judge Wednesday to certify it in a lawsuit alleging the company artificially inflated stock prices by hiding that its baby powder products were filled with cancer-causing asbestos.

  • July 02, 2020

    Grubhub Says Customer Misled Court On FCC Ruling

    Grubhub Inc. told an Illinois federal court that a customer who proposed a class action over unwanted autodialed calls has mischaracterized a recent Federal Communications Commission ruling related to the definition of an "autodialer," saying it "has no relevance to this action."

  • July 02, 2020

    Patients Sue Fla. Orthopedic Provider Over April Data Breach

    Customers have hit Florida Orthopaedic Institute with a proposed class action in state court over an April data breach, claiming the health care provider failed to protect patients' medical records and personal information and also did not investigate or notify them in a timely manner.

  • July 02, 2020

    As Courts Punt CBD Class Actions, Attys Wait For FDA To Act

    A string of federal courts have paused consumer class actions against CBD companies until the U.S. Food and Drug Administration issues long-anticipated rules governing the products, but litigants say the regulations, once finalized, are unlikely to resolve any of the issues raised by the cases.

  • July 02, 2020

    Jimmy John's Slams Class Certification Bid In No-Poach Suit

    A Jimmy John's employee can't certify a class in his suit challenging the company's no-poach agreements because the class would include conflicting class members and their claims can't be proven with common evidence, the sandwich chain argued in Illinois federal court.

  • July 02, 2020

    Insurer Won't Defend Biz That Sold Access To Biometric Data

    Citizens Insurance Co. of America told an Illinois federal judge that it has no duty to defend Wynndalco Enterprises in a class suit accusing Wynndalco of violating biometric privacy by selling access to Clearview AI Inc.'s database to Illinois consumers.

  • July 02, 2020

    3M Wants DOD Employees, Data In Defective Earplug MDL

    3M Co. told a Florida federal judge Wednesday it has no choice but to seek to compel six U.S. Department of Defense employees to give deposition and the department to produce data in multidistrict litigation over the company's earplugs, which are said to have caused users in the military to develop tinnitus and suffer hearing loss.

  • July 02, 2020

    Amazon Hit With ERISA Suit Over 'Deficient' COBRA Notice

    Amazon Corporate LLC violated federal law by failing to properly inform workers of their ability to keep their health care and threatening them with IRS fines and criminal penalties to discourage them from seeking continued coverage, according to a proposed class action filed in South Carolina federal court.

  • July 02, 2020

    American Airlines Beats Class Bid In 401(k) Management Suit

    Two former American Airlines workers lost their bid to certify a 20,000-member class in their suit alleging their retirement plan was mismanaged, after a Texas federal judge said certification wasn't necessary since they are suing on behalf of the whole plan.

  • July 02, 2020

    Judge Pans NY Defenses In Uber Drivers' Fight For Benefits

    The Brooklyn federal judge handling Uber, Lyft and other app-based drivers' legal battle for New York unemployment benefits appeared to take the drivers' side during a case hearing Thursday morning, as she repeatedly laid into the Empire State's arguments against immediate court intervention.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Disabled Customers Renew Bid To Kill Pa. Grocer's Mask Rule

    Opponents of Pittsburgh-based grocer Giant Eagle's mandatory mask policy for Pennsylvania shoppers have asked a federal court for an injunction compelling the grocer to waive the policy for people with disabilities amid the COVID-19 pandemic.

Expert Analysis

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Indirect Purchaser Antitrust Standing Heads In New Direction

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    The applicability of the U.S. Supreme Court's 1983 Associated General Contractors indirect purchaser price-fixing decision to antitrust standing under state law continues to evolve, with some decisions that may portend diminished application, say Chris Micheletti and James Dugan at Zelle.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • 2 Takeaways From Ill. Biometric Class Action Insurance Ruling

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    An Illinois appellate court's recent decision in West Bend v. Krishna provides clarity into the legal definition of publication in insurance contexts and highlights the importance of policy language in Biometric Information Privacy Act lawsuits, say Deepthika Appuhamy and Brian Scarbrough at Jenner & Block.

  • Cert. Denial In Televisa May Embroil 3rd-Party Asset Managers

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    A New York federal court's recent refusal to grant class certification to investors in Grupo Televisa in a FIFA scandal stock-drop case may lead to additional discovery burdens for asset managers performing third-party management services for pooled investment vehicles, say attorneys at Ropes & Gray.

  • Keeping Data-Breach Reports Confidential After Capital One

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    Despite a Virginia federal court's recent order that Capital One turn over its digital forensics report in the bank's data breach suit, companies that take certain precautions may nevertheless use their current cybersecurity providers to produce privileged post-breach reports, says cybersecurity consultant John Reed Stark.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • A New Antitrust Approach After Humira 'Patent Thicket' Ruling

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    In light of an Illinois federal court's recent holding that AbbVie's Humira "patent thicket" did not violate antitrust laws, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should focus on conduct and look beyond patent obtainment, says Kevin Nelson at Schiff Hardin.

  • 2nd Circ. Affirms High Corporate Scienter Pleading Standards

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    The Second Circuit’s recent decision in Jackson v. Abernathy provides powerful tools for defendants to argue that a securities fraud plaintiff has not adequately pled corporate scienter in the absence of particularized factual allegations, say attorneys at Cleary.

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