Class Action
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November 13, 2018
NHL Ends Concussion MDL With $19M Tentative Settlement
The National Hockey League has agreed to pay nearly $19 million to end multidistrict litigation brought by more than 300 retired players alleging they endured long-term problems from head trauma suffered on the ice, a deal some experts said fell short of expectations after the league put up a stiff defense.
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November 13, 2018
Toyota Drivers Seek to Keep Distributor In Faulty HVAC Suit
Drivers in a proposed class action have asserted in Florida federal court that Southeast Toyota Distributors LLC knew its cars had defective ventilation systems but said nothing, an act of omission that should keep it on the hook despite its attempts to get out of the case.
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November 13, 2018
10 Firms Vie For Lead Counsel In Opko Health Fraud Row
As many as 10 law firms filed competing motions Tuesday urging a New Jersey federal court to appoint them as lead counsel and their respective clients as lead plaintiffs in a proposed class action against Opko Health Inc. over its alleged role in a pump-and-dump scheme that ultimately dealt a financial blow to investors.
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November 13, 2018
Uber Board Wasn't Conflicted Before Otto Deal, Chancery Told
Attorneys for Uber and its directors told a Delaware vice chancellor Tuesday that stockholders who challenged the company’s disastrous, $680 million deal to buy self-driving truck startup Ottomotto failed to show that company directors were too conflicted to assess failures and pursue damages.
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November 13, 2018
Pharma Co. Shakes Texas Securities Suit In Post-Cyan Ruling
A Texas judge permanently tossed an investor suit alleging pharmaceutical company XBiotech and its underwriters misled investors about its progress in clinical studies for its flagship product, in what is among the first dismissals of a Section 11 securities class action in a state court after the U.S. Supreme Court's Cyan ruling.
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November 13, 2018
Quicken Loans, Marketing Firm Shed Wiretap Class Claims
A New Jersey federal judge has tossed most of a proposed class action alleging online marketing company NaviStone Inc. unlawfully intercepted keystrokes and mouse clicks by users of Quicken Loans Inc.'s website, ruling that the customer-tracking software was legal under federal privacy law because both Quicken Loans and NaviStone consented to the interception.
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November 13, 2018
Payment Processor Hit With Investor Suit Over Sale To NCR
An investor in online payment firm JetPay Corp. filed suit Monday in Delaware federal court, saying disclosures made by the company and its directors regarding its proposed acquisition by NCR Corp. left out material information needed by shareholders before voting on the transaction.
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November 13, 2018
Walmart Can't Decertify Massive Meal Break Class
Walmart has lost a bid to decertify a class of at least 50,000 workers who claim the big-box retailer underpaid them for missed lunch breaks, with a California federal judge finding Tuesday that company records allowed the court to assess potential liability on a class basis.
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November 13, 2018
Hertz Say Consumer's Words Discredit Suit On Rental Fees
The Hertz Corp. is asking an Illinois federal judge to end a proposed class action claiming the rental car company uses misleading names for some of its rental surcharges, saying the consumer has admitted she did not see the names used for the charges before she rented her car.
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November 13, 2018
Chevron Defeats Bid To Revive ERISA Suit At 9th Circ.
The Ninth Circuit on Tuesday refused to revive a proposed Employee Retirement Income Security Act class action accusing Chevron Corp. and an investment committee of mismanaging workers’ retirement funds, holding that the plan participants leading the suit didn’t sufficiently support their allegations.
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November 13, 2018
Teva Can’t Escape Suit Over Price-Hike Statements: Investors
A proposed class of Teva Pharmaceutical Industries Ltd. shareholders urged a Connecticut federal court Monday to keep alive their allegations that the Israeli drugmaker falsely indicated that profit growth was driven by “fundamental business strategies” rather than at least 76 price hikes.
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November 13, 2018
Former Cinnabon Worker Keeps No-Poach Suit 'At Own Risk'
A former Cinnabon worker can move forward with a proposed antitrust class action over the company's allegedly anticompetitive "no-poaching" agreements keeping franchises from hiring away the employees of their peers, but a Washington state federal judge signaled a tough road ahead by imposing a challenging burden of proof.
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November 13, 2018
Ruling Paves Way For $30M Payout In Overtime Case
A class of Computer Sciences Corp. systems administrators are looking at about $30 million in unpaid overtime and damages after a Connecticut federal judge resolved a series of remedies questions left open after their December jury win, the workers’ attorneys said Tuesday.
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November 13, 2018
Tata Encouraged 'Expats Versus Locals' Culture, Jury Hears
A California federal jury considering class claims that Tata Consultancy Services Ltd. discriminates against non-South Asians heard taped deposition testimony Tuesday from a former Tata senior human resources manager, who said that the company prioritizes visa holders and the culture was “expats versus locals.”
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November 13, 2018
Homeowners Seek Remand Of Suit Against Brad Pitt's Org
Homeowners suing a foundation launched by Brad Pitt, which built homes in the aftermath of Hurricane Katrina, over allegedly defective construction urged a federal court Monday to remand the suit to state court because a vast majority of the proposed class members are Louisiana residents.
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November 13, 2018
9th Circ. Denies Right-To-Counsel Bid By Immigrant Minors
The Ninth Circuit on Tuesday declined to reconsider a case brought by a class of thousands of unaccompanied immigrant children seeking lawyers and due process rights in deportation cases, leaving in place its earlier decision that the children can’t bypass immigration court and head straight to district court.
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November 13, 2018
Ex-Grubhub Driver Asks 9th Circ. To Undo Contractor Ruling
A former Grubhub Inc. driver asked the Ninth Circuit on Friday to reverse a finding that he’s an independent contractor and not an employee, insisting the worker classification standard set by the California Supreme Court's Dynamex ruling upended it.
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November 13, 2018
Ulta Says Vague Claims Should Sink Stock-Drop Suit
Ulta Beauty Inc. has urged an Illinois federal court to wipe out a proposed class action over a stock plunge that followed reports employees were pressured to resell returned makeup, saying there is no allegation that its top executives were behind the purported policy.
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November 13, 2018
High Court Won't Hear $17.3M Fee Dispute In Gas Royalty Row
The Supreme Court declined Tuesday to take up a challenge to a Tenth Circuit panel's decision that said an incorrect method of calculating the $17.3 million attorneys' fees award for work on a $52 million settlement over gas well royalty payments meant the award should be set aside.
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November 13, 2018
Experian Strikes $22M Deal Over T-Mobile Data Breach
Experian has asked for preliminary approval of a $22 million class action settlement in California federal court, ending privacy claims from 15 million T-Mobile customers who had their information released in a data breach.
Expert Analysis
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It’s Time For Law Firms To Start Talking About Gen Z
Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
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Beware California Northern District's Class Action Updates
If you are a class action litigator and haven’t been paying attention to the new guidance on class action settlements issued by the Northern District of California, you should now, says Niki Mendoza of Epiq.
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Pharmaceutical Warnings: A Changing Landscape
Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.
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Q&A
Back To School: Yale's Linda Greenhouse Talks Journalism
In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
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Opinion
An Opportunity To Slow The Rise Of Securities Class Actions
A major securities fraud case now before the U.S. Supreme Court — Lorenzo v. U.S. Securities and Exchange Commission — marks the first of many opportunities the court will have to roll back expansive interpretations of securities law and deter plaintiffs from filing low-quality complaints, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
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Opinion
Celebrate Veterans By Improving Their Access To Justice
Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
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Has The 11th Circ. Become Consumer-Friendly?
Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.
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When Regulatory Standards And Truth In Advertising Collide
The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.
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Opinion
Time To Reclaim Wellness For All Lawyers
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
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An Update On Enforcing Arbitration Of ERISA Claims
When are fiduciary breach claims under the Employee Retirement Income Security Act susceptible to arbitration? Dylan Rudolph and Brian Murray of Trucker Huss APC discuss the state of the law and offer thoughts on certain elements that plan sponsors should consider.