Class Action

  • September 23, 2019

    Class Atty Claims Cover-Up In $1.4B Fresh Market Sale

    Independent directors of The Fresh Market "got into a very messy situation and then covered it up" with the company's $1.4 billion take-private sale to Apollo Global Capital in 2015, a stockholder attorney argued Monday during an eight-way Delaware Chancery Court dismissal battle.

  • September 23, 2019

    Lyft Drivers Seek Injunction In Mass. Misclassification Suit

    A proposed class of Lyft drivers on Monday asked a Massachusetts federal court to block Lyft from classifying its drivers as independent contractors rather than employees, arguing drivers struggle to earn a living wage under the ride-hailing giant's "misclassification scheme."

  • September 23, 2019

    Marriott Keeps Data Breach Suit In Federal Court

    A Maryland federal court has refused to move a lawsuit looking to hold Marriott International Inc. liable for a massive data breach at its Starwood guest reservation database back to Connecticut state court, after what a judge called a "transparent" bid by the consumers to elude federal jurisdiction.

  • September 23, 2019

    Avon Can't Sidestep Ex-Workers' Pregnancy Bias Suit

    A New York federal judge has refocused a proposed pregnancy discrimination class action brought against cosmetics giant Avon and its North American spinoff by three former employees, dismissing allegations by one woman and refusing to send another's claims to arbitration.

  • September 23, 2019

    Litigation Funder Turns Up Heat On Concussion Deal Judge

    Litigation funder Thrivest claims the federal judge overseeing the concussion settlement is ignoring a Third Circuit ruling that overturned her decision to void hundreds of loans, and in a highly unusual move, the funder has asked the appellate court to step in and force her hand.

  • September 23, 2019

    $6M Deal OK'd In Shareholder Suit Over Iconix Accounting

    A New York federal judge greenlit a $6 million settlement between Iconix Brand Group Inc. and its investors Monday, resolving allegations that the fashion brand management company fudged its financial statements in order to hide its deteriorating performance.

  • September 23, 2019

    Feds Too Slow On Visas For Those Who Aided Troops: Judge

    The Trump administration failed to meet congressionally mandated deadlines for processing visa applications for a class of Afghan and Iraqi citizens who helped U.S. troops, a D.C. federal court has ruled.

  • September 23, 2019

    Nestle Must Face Shoppers’ Suit Over ‘No GMO’ Label

    Nestle can’t dodge a proposed class action alleging the company puts its own, misleading “no GMO ingredients” seal of approval on products, a California federal judge has ruled, finding consumers had sufficiently alleged the label could deceive a reasonable customer.

  • September 23, 2019

    Disclosures Let Keryx Escape Kidney Drug Stock Suit

    A Massachusetts federal judge handed Keryx Biopharmaceuticals Inc. a win in a proposed shareholder class action on Monday, ruling that the sole remaining plaintiff bought his shares of the company after vital information about its kidney drug had already been disclosed.

  • September 23, 2019

    Allergan Hit With Suit Over Recalled Breast Implants

    An Illinois woman on Friday hit Allergan Inc. with a proposed class action claiming that it knew about links between its textured silicone breast implants and a rare form of cancer long before the implants were recalled globally.

  • September 23, 2019

    Ditech Says New Ch. 11 Plan Protects Consumer Creditors

    Mortgage company Ditech Holding Corp. is asking a New York bankruptcy judge to approve a revised Chapter 11 plan, saying it has reached an agreement with its consumer creditors that will boost the ability of its mortgage holders to correct mistakes in their accounts.

  • September 23, 2019

    Home Depot Can't Flee 401(k) Suit, But Financial Advisers Can

    Home Depot can’t escape a proposed class action accusing it of mismanaging its 401(k) plan, but two financial advisers the retailer worked with can, a Georgia federal judge has ruled.

  • September 23, 2019

    Attys Seek $3.4M In Fees From $42M GM Oil-Guzzling Deal

    Attorneys have asked a Florida federal judge to sign off on nearly $3.4 million in fees for their work negotiating an approximately $42 million deal with General Motors LLC to end consumers' proposed class claims that certain Chevrolet Equinox and GMC Terrain SUVs had defective oil-guzzling engines.

  • September 23, 2019

    Loestrin Judge Assigns Antitrust Homework Before Hearing

    The Rhode Island federal judge handling Loestrin buyers' fraud and antitrust claims against drugmakers Warner Chilcott and Watson Pharmaceuticals directed both sides to answer questions related to the pharma companies' market power ahead of next week's potentially packed case hearing.

  • September 23, 2019

    Hertz Workers Strike Out For 3rd Time On $1.75M Wage Deal

    A California federal judge has rejected for a third time a $1.75 million settlement to end break and wage claims by a proposed class of more than 2,000 Hertz Transportation Inc. workers, while warning the workers they may only get one more chance to seek his approval of the deal.

  • September 23, 2019

    Fraud Suit Against Football Startup Sent To Bankruptcy Court

    A Texas federal judge sent a lawsuit that accuses the now-defunct Alliance of American Football of misleading players about its financial state to the bankruptcy court overseeing the league’s reorganization, saying Monday the suit is related to the Chapter 11 case.

  • September 23, 2019

    Califia Farms Faces Suit Alleging Deceptive Vanilla Labeling

    An almond milk drinker has hit Califia Farms LLC with a proposed class action in New York federal court, claiming the company misleads customers by prominently labeling its almond milk with the term "vanilla" when the product is almost certainly flavored artificially.

  • September 23, 2019

    ATM Operators Seek Cert. In Visa, Mastercard Antitrust Suit

    A proposed class of ATM operators asked a D.C. federal judge for certification in their suit accusing Visa and Mastercard of violating antitrust laws by implementing ATM fee rules that jack up consumers' costs and limit ATM owners' earnings.

  • September 23, 2019

    Zocdoc Strikes $1.4M Deal In Sales Workers' OT Suit

    Zocdoc Inc. has agreed to pay $1.39 million to wrap up a proposed collective action lawsuit claiming the medical appointment booking service violated federal and New York state law by misclassifying sales workers as independent contractors to deny them overtime wages.

  • September 23, 2019

    Schwab 401(k) Fight Belongs In Court, AARP Tells 9th Circ.

    AARP asked the Ninth Circuit to rethink sending to arbitration a former Charles Schwab worker's proposed class action alleging that Schwab mismanaged its 401(k) plan, saying the decision could strip workers of ERISA protections and undermine millions of Americans' financial security.

  • September 23, 2019

    AMC Must Face Trimmed Stock-Drop Suit Over Acquisitions

    AMC Entertainment Holdings Inc. must face the majority of shareholders' proposed class claims that the company misled investors about a trio of major acquisitions ahead of its secondary public offering, a New York federal judge has ruled. 

  • September 23, 2019

    Rising Star: Covington's Andrew Soukup

    Andrew Soukup of Covington & Burling LLP has seen big wins in his class action practice, and in one notable case secured a crucial court finding that mortgage servicers can charge borrowers for property inspections, landing the Washington, D.C.-based attorney a spot among the class action law practitioners under age 40 honored by Law360 as Rising Stars.

  • September 23, 2019

    Attys Seek $15M In Fees From $74M SunEdison Settlement

    The lead counsel in a class action claiming SunEdison Inc. misled shareholders about its financial health before filing for bankruptcy is asking a New York federal court to approve more than $15 million in attorney fees for its work in reaching a $74 million settlement with the company.

  • September 20, 2019

    Family Separation At Border Is 'Child Abuse,' ACLU Tells Court

    The American Civil Liberties Union on Friday urged a California federal judge to rule that U.S. immigration officials are illegally separating parents from their children based on criminal histories instead of separating families only when a parent is deemed unfit or a danger to their child, saying its present policy is tantamount to "child abuse."

  • September 20, 2019

    Ripple Says ICO Suit Alleging Crypto Is Security Filed Too Late

    Ripple Labs has moved to dismiss a consolidated complaint in California federal court that alleges its offering of the XRP cryptocurrency was in fact an unregistered securities offering, saying the allegations were brought too late and highlighting various other deficiencies.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

    Author Photo

    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Perspectives

    Bill Limiting Forced Arbitration Is Critical To Real Justice

    Author Photo

    Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

    Author Photo

    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

    Author Photo

    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Marriott Order Good News For Cybersecurity Class Action Bar

    Author Photo

    A Maryland federal judge's recent decree ordering Marriott to release a crucial third-party report revealing key details about how a data breach occurred could have significant ramifications for plaintiffs filing class actions following breaches of customer data at other companies, says cybersecurity consultant John Reed Stark.

  • The State Of TCPA Litigation 1 Year After Marks V. Crunch

    Author Photo

    The Ninth Circuit's 2018 decision in Marks v. Crunch, interpreting the Telephone Consumer Protection Act to cover any dialer that calls from a stored list of numbers automatically, has been applied by district courts all around the country, but one year later, its impact appears to be faltering, says Eric Troutman of Squire Patton.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

    Author Photo

    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

    Author Photo

    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Consumer Class Standing Faces Uncertainty In 11th Circ.

    Author Photo

    An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

    Author Photo

    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

    Author Photo

    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • Calif. Privacy Law Could Alter Litigation Risks Nationwide

    Author Photo

    Perhaps the greatest challenge to businesses covered by the California Consumer Privacy Act is that the CCPA creates a private right of action, with substantial statutory damages, a change that will likely reset data breach litigation risks in California as well as the rest of the country, say attorneys at Alston & Bird.

  • The Factors Courts Consider In Deposition Location Disputes

    Author Photo

    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • FDCPA Takeaways From 3rd Circ. QR Code Opinion

    Author Photo

    The Third Circuit's decision in DiNaples v. MRS BPO that a debt collection letter with a QR code on the envelope violated the Fair Debt Collection Practices Act may seem straightforward, but the opinion sheds light on how two common FDCPA defense tools remain somewhat viable, say Jason Tompkins and Jonathan Hoffmann at Balch & Bingham.

  • 9th Circ. Could Mend Split On Class Rules For PAGA Claims

    Author Photo

    There is reason to doubt the position of California district courts that decline to apply federal class action requirements to representative Private Attorneys General Act claims, an issue that has created a divide that the Ninth Circuit is poised to resolve in Canela v. Costco, say Felix Shafir and John Querio at Horvitz & Levy.