Class Action

  • April 08, 2020

    Pfizer Beats Viagra MDL After Plaintiffs' Experts Booted

    Pfizer on Wednesday won an unopposed motion for summary judgment in multidistrict litigation alleging its product Viagra is linked to melanoma, setting the stage for an appeal of a California federal judge's January order excluding key expert testimony, which consumers have vowed to take to the Ninth Circuit.

  • April 08, 2020

    Trump, Kids Can't Send Class's Fraud Claims To Arbitration

    A New York federal judge on Wednesday rejected a bid from President Donald Trump and three of his children to arbitrate a putative class action alleging that they conned thousands into investing in worthless business ventures using the Trump name.

  • April 08, 2020

    Trustwave Merger Suit Survives Due To 'Skimpy' Disclosure

    A Delaware vice chancellor on Wednesday let stand a lone claim from a consolidated investor suit alleging Trustwave Holdings Inc. unfairly gave certain stockholders preferential treatment in its roughly $850 million merger with Singapore Telecommunications Ltd., saying a claim related to a “decidedly skimpy” transaction disclosure can proceed.

  • April 08, 2020

    2nd Circ. Won't Ruffle Key Theory As Goldman Case Plows On

    The Second Circuit was split on whether to decertify a class of Goldman Sachs investors on Tuesday, but unanimous in declining to augment a key theory on which the class is asserting securities claims against the investment bank.

  • April 08, 2020

    Crowded Docket Didn't Justify Forum Shift, 7th Circ. Hears

    An Indiana federal court abused its discretion when it sent a proposed wage and hour class action back to California to reduce its docket congestion without giving weight to the forum selection clause in the workers’ employment agreements, an insurance adjusting company told the Seventh Circuit during oral argument Wednesday.

  • April 08, 2020

    DQ Sought For Attys Repping Co. And Board In Derivative Suit

    A shareholder in his family's manufacturing business urged a Kansas federal judge to disqualify two law firms from representing both the company and his siblings on its board of directors in his derivative suit over alleged self dealing, arguing that dual representation is a conflict of interest.

  • April 08, 2020

    Apple Beats ID Login Authentication Trespass Suit For Good

    A California federal judge threw out a putative class action over Apple Inc.’s two-factor authentication login, ruling that the users hadn’t sufficiently alleged that the process was enabled without their authorization nor had they shown how the authentication problem directly caused them harm.

  • April 08, 2020

    BIPA Suit Won't Pause For Appellate Weigh-In On Key Issue

    An Illinois federal judge has denied a logistics company's bid to stay a finger scan privacy suit while waiting for a state appeals court to rule if the state workers' compensation law bars money damages in such cases, saying the panel is unlikely to find in the company's favor.

  • April 08, 2020

    Ghirardelli Tastes Victory In Chocolate-Less White Chips Suit

    Ghirardelli Chocolate Co. on Wednesday escaped a lawsuit claiming the sweets maker tricked consumers into thinking its cocoa-free white baking chips actually contained chocolate, with a California federal judge saying reasonable consumers wouldn't have been bamboozled by the product's packaging.

  • April 08, 2020

    Judge Says It's Unclear If ICE Detainees Are Employees

    A prison contractor for U.S. Immigration and Customs Enforcement can’t escape class allegations that it paid detainees below minimum wage in a work program after a Washington federal judge said it was unclear whether the detainees meet the definition of employees.

  • April 08, 2020

    Shareholders Sue Zoom Over Privacy, Hacking Concerns

    Video conferencing provider Zoom was hit with a proposed class action accusing it of misleading shareholders about the degree of its data privacy and security measures and failing to disclose that its service was not end-to-end encrypted.

  • April 08, 2020

    Cerner Corp. Tries To Push ERISA Suit Into Arbitration

    Cerner Corp. urged a Missouri federal judge Tuesday to scuttle a proposed class action challenging its 401(k) plan's investments, saying the participants who sued should have to individually arbitrate their claims pursuant to forms they signed.

  • April 08, 2020

    Challengers To Trump's Uninsured Immigrant Ban Win Cert.

    An Oregon federal judge granted class certification Tuesday to U.S. citizens and foreign nationals suing President Donald Trump over his proclamation requiring green card applicants abroad to prove they can afford health insurance, saying there is a credible threat that the proclamation will harm the plaintiffs.

  • April 08, 2020

    Firms Say Atty Misconduct Dooms Malpractice Suit

    Law firms accused of malpractice in underlying multidistrict litigation against Syngenta AG have urged a Kansas federal court to dismiss the suit, saying that the attorney for the farmers bringing the case has continued to defy a court order to participate in planning conferences and in submitting reports.

  • April 08, 2020

    Wells Fargo Can't Nix Equitybuild Ponzi Scheme Claims

    Wells Fargo must face the bulk of a proposed investor class action accusing it of facilitating a yearslong, $135 million Ponzi scheme carried out by real estate investment firm Equitybuild Inc. and its father-son owners, a California federal judge has ruled.

  • April 08, 2020

    Fifth Third Faces Shareholder Suit Following CFPB Action

    Financial services company Fifth Third Bancorp has been hit with a shareholders' proposed class action in Illinois federal court accusing the company of secretly opening accounts in its customers' names.

  • April 08, 2020

    Stylists Say Salon Chain Withheld Pay After COVID-19 Closure

    A New Jersey hair stylist has hit the Virginia-based salon chain Hair Cuttery and its parent company Ratner Cos. Inc. with a collective action, alleging it stiffed workers pay in violation of the Fair Labor Standards Act after it shut down operations due to COVID-19 in the middle of a pay cycle.

  • April 08, 2020

    Alaska Air Pilot Seeks Green Light For Military Bias Class

    An Alaska Airlines pilot who served as a U.S. Air Force reservist urged a Washington federal judge to let him move forward with a class action claiming hundreds of pilots were unlawfully denied accrued vacation or sick time while out on military assignments.

  • April 08, 2020

    Workers Claim GE Owed Unused Vacation Pay In Wabtec Sale

    General Electric Corp. owes former GE Transportation workers unused vacation pay that should have been cashed out when their division was sold to Wabtec Corp. in 2019, according to a proposed class action filed in Pennsylvania state court.

  • April 07, 2020

    Suit Faults Carnival Unit For 'Ticking Coronavirus Time Bomb'

    Carnival-owned Costa Cruises was hit with a putative class action Tuesday in Florida federal court alleging it negligently allowed the Costa Luminosa to sail knowing a previous passenger showed symptoms of COVID-19, resulting in 2,000 passengers getting on board a "ticking coronavirus time bomb."

  • April 07, 2020

    Attys Score $53M In $240M Wells Fargo Fake Account Deal

    Lieff Cabraser and Saxena White attorneys representing Wells Fargo & Co. investors in their derivative suit over fake accounts will come away with $52.8 million in fees, a 22% cut of the $240 million settlement they negotiated last year, according to an order issued Tuesday in California federal court.

  • April 07, 2020

    Altria, Juul Face Consumer Antitrust Action Over $12.8B Deal

    A $12.8 billion deal between Juul and Altria "eliminated a potential competitor" for Juul and allowed it to gouge direct purchasers with artificially inflated prices, a Juul customer said in a proposed antitrust class action complaint filed against the companies in California federal court Tuesday.

  • April 07, 2020

    BofA Faces Escalation In Virus Relief Loans Lawsuit

    A fight over Bank of America’s handling of would-be applicants for a $349 billion federal coronavirus relief loan program escalated on Tuesday as a group of small businesses asked a Maryland federal court for an emergency order blocking the bank from conditioning applicant eligibility.

  • April 07, 2020

    Calif. Lyft Drivers Lose Employee Status Bid Amid Outbreak

    A California federal judge on Tuesday rejected a bid by Lyft Inc. drivers to immediately classify them as employees eligible for sick leave amid the coronavirus pandemic and sent the case to arbitration, while the company argued that a similar effort underway in Massachusetts could jeopardize drivers' rights to generous benefits flowing from federal relief legislation.

  • April 07, 2020

    United, Delta Pilots Ask Calif. Justices For Wage Rights

    United and Delta pilots asked the California Supreme Court on Tuesday to find the state's labor code and minimum wage laws apply to them, regardless of how long they work out of state, while the companies argued the workers spend most of their time in federal airspace and can't be subject to the state laws.

Expert Analysis

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Avoiding Class Claims For Sharing COVID-19 Location Data

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    As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • D&O Insurance Tips For Coronavirus-Related Claims

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    Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • CFPB Whistleblower Program Could Plug Enforcement Gaps

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    Recently proposed legislation to establish a Consumer Financial Protection Bureau whistleblower reward program could help fill an enforcement void left by forced arbitration agreements and class action waivers included in most contracts between consumers and financial services companies, say Zac Arbitman at Youman & Caputo and Jason Zuckerman at Zuckerman Law.

  • Festival Case May Be Preview Of COVID-19 Consumer Suits

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    A class action recently filed in Los Angeles Superior Court challenging a music festival's refund policy after a COVID-19-prompted cancellation may indicate the direction that the plaintiffs bar will pursue in pandemic-related consumer litigation, say attorneys at Bryan Cave.

  • Defending Against A Wave Of Hand Sanitizer Class Actions

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    The U.S. Food and Drug Administration's rebuke of Purell manufacturer Gojo Industries' labeling claims has incited an influx of false advertising class actions against hand sanitizer companies, but there are several viable ways for defendants to respond, says Alex Smith at Jenner & Block.

  • Emergency Laws Protect Cos. Enlisted In COVID-19 Fight

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    The Defense Production Act and the Public Readiness and Emergency Preparedness Act, recently invoked by the Trump administration to aid in fighting COVID-19, can provide special legal defenses to businesses producing essential supplies — which could protect companies against future tort liability, says Kelly Belnick at Tanenbaum Keale.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Calif. Ruling Further Weakens Employee Seating Claims

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    The Los Angeles Superior Court’s recent decision that cashiers' job attributes don’t allow them to sit in LaFace v. Ralphs Grocery should strengthen retailers' defenses against suitable seating claims, and give plaintiffs pause over whether, after their sixth straight loss, they are viable, say attorneys at Paul Hastings.

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