Class Action

  • January 17, 2020

    Bat Buyers Swing For Cert. In Rawlings False Ad Suit

    A group of baseball bat buyers on Friday asked a California federal judge to grant class certification in a suit alleging that Rawlings Sporting Goods Co. Inc. mislabeled the weight of its non-wood baseball bats, selling them at a heavier weight than advertised.

  • January 17, 2020

    Tanenbaum Keale Snags Marshall Dennehey Partner In Pa.

    In a move that has helped push the firm into a more spacious set of Philadelphia-area offices, litigation boutique Tanenbaum Keale LLP has announced the hiring of a former Marshall Dennehey Warner Coleman & Goggin PC product liability partner.

  • January 17, 2020

    Consumers Say XL Entities Liable For $267M TCPA Judgment

    A class of consumers urged a California federal judge to deny XL American Inc. and XL Group Ltd.’s bid to remove themselves from a suit over a $267 million Telephone Consumer Protection Act award, saying the insurers were heavily involved.

  • January 17, 2020

    Western Union Brass Accused Of Shoddy Anti-Fraud Efforts

    An investor has filed a derivative suit in Delaware Chancery Court asserting that Western Union’s officers failed for years to implement effective anti-fraud measures, resulting in the money transfer company having to pay hundreds of millions in fines and penalties.

  • January 17, 2020

    Boeing Max Pilots Can't Be Anonymous In Lost Wages Suits

    An Illinois federal judge ruled that international pilots can't anonymously sue Boeing for allegedly misrepresenting the safety of its 737 Max jets, ordering the pilots be unmasked before they can press ahead with consolidated litigation seeking lost wages from the grounded jets.

  • January 17, 2020

    Immigrants Win Access To USCIS Data In Vetting Program Suit

    A class of immigrants challenging a national security program that they believe illegally delays immigration applications from Muslims won their bid to take a peek at the internal workings of the vetting process when a Seattle federal judge found that data is directly relevant to the case.

  • January 17, 2020

    Attys Want $5M Cut Of $59M MetLife Elderly Premium Deal

    Counsel for a proposed class of MetLife policyholders urged an Illinois federal judge Thursday to approve $5 million in attorney fees for their work on a suit brought against the insurance company, alleging it committed fraud when it raised premiums despite selling a "Reduced Pay at 65" option.

  • January 17, 2020

    Importer Wants $6.6B Refund For Trump Steel Tariffs

    A Turkish steel manufacturer has sued the U.S. government hoping to recoup $6.6 billion that it and other producers were forced to shell out when the Trump administration rolled out steep national security-based steel duties two years ago.

  • January 17, 2020

    University Worker Seeks Class Status In TIAA Benefits Beef

    A Washington University employee has asked a New York federal judge for class certification in her suit claiming the Teachers Insurance and Annuity Association of America flouted federal benefits law by not paying back the full interest on loans she took out against her retirement account.

  • January 17, 2020

    Honeywell Covers Retirees' Health Care To End Benefits Suit

    Honeywell Inc. has agreed to pick up the tab for lifetime health care and pay six-figure damages to retirees who worked at a Connecticut plant, following an August Second Circuit ruling that barred the company from shutting off those workers' benefits. 

  • January 17, 2020

    CBD Co. Says Consumer Suit Relies On Flawed Testing

    A Florida maker of CBD supplements is asking a Massachusetts federal court to knock down a proposed class action over the potency of its products, arguing the suit doesn’t back up its claims with solid testing and fits a pattern of spurious litigation against similar companies.

  • January 17, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 16, 2020

    BCBS Illegally Delayed Cancer Treatment Coverage, Suit Says

    A proposed class of Blue Cross Blue Shield policyholders in Florida accused the insurer Thursday of illegally delaying coverage for a cancer radiation treatment by deeming it "experimental," despite the fact the treatment has been used "for various forms of cancer for decades."

  • January 16, 2020

    Mich. Privacy Law Covers Out-Of-State Readers, Judge Says

    A Michigan federal judge on Thursday refused to ax a putative class action accusing magazine publisher Crain Communications of unlawfully disclosing subscribers' personal information to third parties, finding that plaintiffs need not live in Michigan to bring claims under the state's reader privacy law. 

  • January 16, 2020

    App Cos. Sue Facebook Over 'Brazen' Anti-Competitive Plot

    A handful of tech companies launched a proposed class action against Facebook on Thursday in California federal court, alleging the social media giant intentionally set out to destroy app developers it deemed as potential rivals in "the most brazen, willful anti-competitive scheme in a generation."

  • January 16, 2020

    Cluttered TJ Maxx, Marshalls Stores Violate ADA, Suit Says

    The owner of TJ Maxx and Marshalls was slapped with a disability discrimination suit in Pennsylvania federal court by a proposed class of consumers who claim the cluttered stores and narrow aisles present a significant barrier to the disabled.

  • January 16, 2020

    Bid To Move Crypto Suit Overseas Called 'Pious' Pretense

    A motion to end a proposed federal cryptocurrency class action stateside — and move the claims to Italy — is a thinly disguised attempt to kill the allegations altogether, according to a California man who claims he lost $260,000 on a defective digital currency exchange.

  • January 16, 2020

    CBD Retailer Latest To Be Hit With ADA Suit Over Website

    CBD seller Green Growth Brands LLC was the latest cannabis company to be hit with a proposed class action under the Americans with Disabilities Act alleging its website is not accessible to blind customers.

  • January 16, 2020

    Turkey And Chicken Price Suits Can't Flock Together, Cos. Say

    Perdue, Cargill and other turkey producers have said there's no reason antitrust allegations against them must be heard by the same judge overseeing a similar sprawling case over chicken prices.

  • January 16, 2020

    Jackson Lewis Adds Proskauer ERISA Pro In New Orleans

    Jackson Lewis has bolstered its New Orleans office with the addition of a former Proskauer Rose attorney who has experience handling complex ERISA class actions, including a closely watched legal battle over Charles Schwab’s ability to force a former worker’s case into arbitration.

  • January 16, 2020

    Prudential Misled Investors On Financial Outlook, Suit Says

    Prudential Financial Inc. was hit with a proposed securities class action Thursday in New Jersey federal court alleging the insurance giant misled investors about the company's financial health, leading them to buy stock at "artificially inflated prices."

  • January 16, 2020

    Calif. Supreme Court Takes 2nd Dynamex Retroactivity Case

    The California Supreme Court has agreed to hear another appeal asking whether its 2018 decision adopting a lower bar for proving employers misclassified workers as independent contractors applies retroactively.

  • January 16, 2020

    TSA Hit With Class Action For Seizing Man's Life Savings

    A Pittsburgh retiree and his daughter filed a proposed nationwide class action lawsuit against the Transportation Security Administration and the Drug Enforcement Administration Wednesday, arguing that the federal agencies violated their civil rights by seizing the family’s life savings as the daughter tried to take it through security at Pittsburgh International Airport.

  • January 16, 2020

    9th Circ. Won't Revive Cymbalta Users' Suit Against Eli Lilly

    A Ninth Circuit panel on Thursday rejected an appeal by users of the antidepressant Cymbalta who claimed maker Eli Lilly & Co. hid the risks of withdrawal from the drug, saying they knew they might be ending the case when they initially dropped their claims.

  • January 16, 2020

    Warranty Claims Cut In Suit Over Hot Microwave Handles

    A Pennsylvania federal judge on Wednesday dismissed warranty and other claims in a proposed class action alleging the handles on Electrolux microwaves burn people, finding some claims were filed too late.

Expert Analysis

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • Top 10 Employment Law Developments Of The Decade: Part 2

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    In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Justices Seem Keen To Solve ERISA Case's Article III Question

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    Oral arguments in Thole v. U.S. Bank suggested the U.S. Supreme Court is willing to explore whether Employee Retirement Income Security Act plaintiffs have constitutional standing to sue over an adequately funded plan — even though the lower courts sidestepped the issue, say attorneys at King & Spalding.

  • Tribune Ruling Charts Course For Bankruptcy Safe Harbor

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    In upholding the dismissal of fraudulent conveyance claims against former shareholders of the bankrupt Tribune Company, the Second Circuit may have laid out a path for parties looking to stay within a crucial Bankruptcy Code safe harbor provision, say attorneys at Cadwalader.

  • Top 10 Employment Law Developments Of The Decade: Part 1

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    In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

  • Why Reformers Want Disclosure Of 3rd-Party MDL Funding

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    With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • To Improve Instagram Copyright Issues, Look To Music World

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    The music industry may offer a model for adapting the copyright law landscape to new concerns from photographers and other content creators engendered by Instagram’s wide-reaching platform, including a more seamless and accessible registration process, says Qian Julie Wang of Robins Kaplan.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Top 5 Drug And Medical Device Developments Of 2019

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    Attorneys at FaegreBD assess major drug and device law developments from last year, which featured heightened pressure on opioids and vaping, and Federal Trade Commission concerns over plaintiffs' legal ads.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.