Class Action

  • February 28, 2020

    BASF Can't Dodge $250M Punitive Award In Dicamba Case

    A Missouri federal judge on Friday shot down a bid by BASF Corp. to get out of a $250 million punitive damages award handed down in the first trial over alleged harm caused by the weedkiller dicamba, saying BASF and Monsanto Corp. would have to share the penalty.

  • February 28, 2020

    Justices Partially Stay Generic Drug Price-Fixing Discovery

    The U.S. Supreme Court hit the brakes Friday on an expansive part of the discovery order in the massive multidistrict litigation from state attorneys general and private plaintiffs accusing dozens of generic-drug companies of an industrywide price-fixing conspiracy.

  • February 28, 2020

    Musicians Denied Class Cert. In '70s Singer's Royalties Fight

    A California federal judge has denied class certification to potentially thousands of musical artists, rejecting a bid from 1970s soul singer Lenny Williams, who's accusing Warner Music of failing to accurately account for and pay more than $100 million in royalties generated from streaming music.

  • February 28, 2020

    Suit Over Murdochs' $82M Bonus Pay Flawed, Chancery Told

    Former Twenty-First Century Fox Inc. stockholders have no standing to pursue claims that controlling investor Rupert Murdoch and his sons unfairly received $82 million in bonuses to sweeten spoils related to Fox’s $71 billion merger with Walt Disney Co. to the detriment of other shareholders, the Delaware chancellor was told Friday.

  • February 28, 2020

    John Hancock's Self-Dealing Hurt 401(k), Employees Say

    John Hancock's lax management of its employees' 401(k) retirement plan and preference for its own pricey and proprietary investment options cost workers tens of millions of dollars in bloated administration fees and lost profits that could have been raised by better-managed funds, according to a proposed class action filed in Massachusetts. 

  • February 28, 2020

    Embattled Startup Clearview AI On Uncertain Legal Footing

    Facial recognition startup Clearview AI, under fire for quietly selling clients a massive database of personally identifiable images scraped from the internet, plans to make an untested argument that it is exempt from Illinois' biometric privacy law, its attorney said Friday amid calls to regulate its technology.

  • February 28, 2020

    New Settlement Over Cruise Marketing Calls Wins Judge’s OK

    An Illinois federal judge has approved an amended $12.5 million class action settlement over cruise lines’ alleged marketing robocalls that provides a second round of payments if funds remain after the first round, saying her approval of the new deal will end appeals from objectors.

  • February 28, 2020

    Ex-Kirkland Judge Should Stay On 737 Max Suit, Boeing Says

    A Kirkland & Ellis LLP team defending Boeing against a lawsuit from pilots who say the woes of the 737 Max dinged their earnings told a former colleague on the federal bench in Illinois Friday that he need not recuse himself just because he was once a Kirkland attorney.

  • February 28, 2020

    Sanofi To Pay $12M To End Mass. Medicare Kickback Probe

    Sanofi-Aventis U.S. LLC has agreed to pay $11.85 million to resolve allegations that it violated the False Claims Act by paying kickbacks to Medicare patients through a charity, the Boston U.S. attorney's office announced Friday in the latest settlement over similar allegations.

  • February 28, 2020

    Workers, Neuberger Feud Over Justices' Ruling's Place In Suit

    Plan managers and a proposed class of participants in investment firm Neuberger Berman Group LLC's 401(k) plan fought Friday over whether the U.S. Supreme Court's recent decision in Intel Corp. v. Sulyma compels a New York federal judge to reject Neuberger's bid to toss the participants' ERISA case.

  • February 28, 2020

    Gibson Dunn Helped Craft Arbitration Provider's Rules

    The arbitration provider International Institute for Conflict Prevention & Resolution let Gibson Dunn & Crutcher LLP help craft rules for handling mass employment claims that its client DoorDash then tried to foist on drivers during an ongoing misclassification lawsuit, according to emails recently unsealed by a California federal judge.

  • February 28, 2020

    Greystar Urges Judge To Stand By ERISA Arbitration Decision

    Greystar Management Services LP wants a federal magistrate judge to stick to his decision compelling individual arbitration of a former worker's ERISA suit claiming her 401(k) plan saddled participants with exorbitant fees, saying she has tried to distort the real estate management company's arguments in her favor.

  • February 28, 2020

    'This Land Is Your Land' Copyright Fight Dismissed

    A Manhattan federal judge on Friday tossed out a long-running class action that sought to free "This Land Is Your Land" from copyright control, ending one of several such cases aimed at pushing iconic songs into the public domain.

  • February 28, 2020

    Merrill Lynch Again Beats Securities Suit Over Reserve

    Investors who accused Merrill Lynch of securities fraud didn't actually lose any money because of misconduct they allege, a California federal judge said Friday, ending for a second time their claims that the investment manager illegally withdrew money from its customer reserve account to execute trades that freed up funds for its own use.

  • February 28, 2020

    Coffeemaker Roasts Keurig's 'Delay Strategy' In Antitrust MDL

    A California-based coffee company alerted a New York federal judge to an alleged “delay strategy” by Keurig Inc. in yearslong multidistrict litigation, arguing that the family-run operation has been unfairly forced to wait over five years to establish its case against the coffee machine giant.

  • February 28, 2020

    Aussie Banks Say They Should Exit Rate-Rigging Suit Too

    Two Australian banks claim they should’ve been among the seven banks dismissed in mid-February from a proposed class action alleging manipulation of Australia’s benchmark interest rate.

  • February 28, 2020

    Mallinckrodt, Express Scripts Can't Get Ill. City's Atty Fee Info

    A "speculative" argument about possible conflicts between lawyers suing Mallinckrodt ARD Inc. and Express Scripts Inc. over allegedly inflated prices for hormone drugs doesn't justify the handover of information from an Illinois city about how it's paying its legal bills, a federal judge has ruled.

  • February 28, 2020

    Zillow Board Must Face Suit Over Co-Marketing Scheme

    Zillow's board of directors can't shake a derivative shareholder suit accusing them of allowing an illegal co-marketing deal that drew the attention of the Consumer Financial Protection Bureau, after a Washington federal judge found Friday the majority of the directors may have been biased.

  • February 28, 2020

    Chancery Won't Free Identity Guard Makers From Merger Suit

    Allegations of director conflicts, inadequate disclosures and a tardy independent review prompted a Delaware judge to deny dismissal Thursday for a stockholder suit against three directors of the company behind Identity Guard software, which sold for more than $100 million in late 2018.

  • February 28, 2020

    Becton Hit With Stock Suit Following $59M Pump Recall

    Medical tech producer Becton Dickinson and Co. was hit with a proposed securities class action that accuses the company and its executives of failing to disclose software issues with a medical device it makes, problems that investors say led to a stock price drop after the company eventually admitted them.

  • February 28, 2020

    Casino Phone Game Maker Wants Redo Of 9th Circ. Decision

    Casino phone game developer High 5 Games LLC wants Washington's Supreme Court to decide whether its apps constitute "gambling" under Evergreen State law, potentially undoing a controversial Ninth Circuit ruling that sent shock waves through the mobile gaming industry by answering that question with a "yes."

  • February 28, 2020

    American Airlines Policy Hurts Reservists, Pilot Says

    An American Airlines pilot who serves in the U.S. Air Force Reserve wants a Pennsylvania federal judge to clear his class action for takeoff, saying the way the airline handled short-term military leave gave hundreds of pilots short shrift on pay and benefits.

  • February 28, 2020

    VW Will Pay €830M To Settle German Emissions Claims

    Volkswagen AG said Friday that it had settled a mass lawsuit brought by hundreds of thousands of German vehicle owners over the company's diesel emissions scandal for €830 million ($910 million).

  • February 27, 2020

    9th Circ. Pares Damages In $60M TransUnion FCRA Verdict

    A Ninth Circuit panel found Thursday that a California federal jury's $60 million award was too high for a class of consumers who say TransUnion violated the Fair Credit Reporting Act by confusing their names with those of people on a terrorist watch list, reducing the per-member payout by about one-third.

  • February 27, 2020

    Opioid Cos. Slam Atty Fee Proposal That Could Reach $3.3B

    Drug companies on Wednesday told the Ohio federal judge overseeing the multidistrict litigation over the opioid epidemic that a proposal for attorney fees — which they say could be more than $3.3 billion — would "severely jeopardize" settlement negotiations in the litigation.

Expert Analysis

  • When Real Estate Transactions Bring Real Securities Risks

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    Parties conducting real estate transactions should keep an eye out for red flags that may signal securities risks, such as the pooled funds and contract packages observed in securities litigation currently pending against Rockwell Debt Free Properties, say attorneys at Foley & Lardner.

  • Rebuttal

    Legal Industry Should Pursue AI Prediction Progress

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    As part of the debate prompted by my recent Law360 guest article on legal prediction using artificial intelligence, I would like to unpack four issues and suggest that attorneys and technologists continue to tackle the problems presently within reach, says Joseph Avery at Claudius Legal Intelligence.

  • 5 European Consumer Law Concerns For US Businesses

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    Because of increasing differences in U.S. and European Union and U.K. consumer laws, American businesses selling products across the Atlantic should review key issues including right-to-cancel regulations, fairness and transparency tests, and implied warranties, says Rob Turner at Bird & Bird.

  • Bitcoin Fraud Class Action Shows Crypto Litigation Hurdles

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    A New York federal court's review of Leibowitz v. Bitfinex and Tether demonstrates the challenges in identifying both plaintiffs and defendants in a cryptocurrency class action, as well as other complexities that make the Bitcoin market susceptible to fraud and manipulation allegations, says Andria van der Merwe at Compass Lexecon.

  • Solutions To 4 Common Law Firm Diversity Challenges

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    A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

  • 4 Questions That May Signal The End Of TCPA Class Actions

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    Recently, the litigation tide has moved toward limiting the reach of the Telephone Consumer Protection Act and the Federal Communications Commission's expansive interpretations, raising key questions that could threaten the viability of the statute as a whole, say attorneys at Gibson Dunn.

  • Rebuttal

    Discrimination Cases Are Too Complex For AI Fee Prediction

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    A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

  • Apple Bag Search Ruling Informs On Calif. Pay Compliance

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    Following the California Supreme Court’s recent decision in Frlekin v. Apple that employees must be paid during required bag searches, employers may want to avoid security screenings entirely, and assume that even short time periods for exit searches should be compensated, say attorneys at Munger Tolles.

  • Courts May Clash With Litigants Over Document Review Tech

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    As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • BIPA May Apply To Clearview AI's Creation Of Biometric Data

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    The resolution of recent cases in which IBM and Clearview AI created facial geometries from photographs they obtained from social media will show the extent to which the Illinois Biometric Information Privacy Act applies to these new technologies and uses of biometric data outside Illinois, say Al Fowerbaugh and Karen Borg of Porter Wright.

  • 3 Rulings Show When Litigating Wage Claims Is Worth It

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    Recent decisions from New York federal courts demonstrate when wage and hour defendants may benefit from litigation, rather than an early settlement offer designed to avoid fee-shifting provisions that favor prevailing plaintiffs, says Valerie Ferrier at Martin Clearwater.

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