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Class Action

  • March 21, 2019

    Ill. Residents Get Class Nod In Prerecorded Cruise Call Row

    An Illinois federal judge on Thursday certified a class of state residents who claim the travel company behind Holiday Cruise Line blasted them with unwanted prerecorded calls marketing a free vacation but refused to allow call recipients who live outside the Prairie State to join the class. 

  • March 21, 2019

    Omnicare's $20M Settlement With Investors Gets Initial OK

    A Kentucky federal court granted preliminary approval on Thursday to a settlement in which Omnicare Inc. agreed to pay $20 million to resolve a 13-year-old securities suit that at one point made its way to the U.S. Supreme Court.

  • March 21, 2019

    $240M Wells Fargo-Investor Deal Missing Key Factor: Judge

    A California federal judge on Wednesday told investors he needed more information to evaluate their proposed $240 million settlement with Wells Fargo & Co. executives over how the bank's fabricated accounts scandal affected its reputation, finances and stock prices.

  • March 21, 2019

    Nationwide’s $5M Sales Robocall Deal Gets Initial Approval

    A Georgia federal judge Wednesday signed off on a $5 million proposed settlement ending claims that Nationwide Mutual Insurance violated the Telephone Consumer Protection Act with marketing robocalls to unsuspecting consumers.

  • March 21, 2019

    17 Alleged Misstatements Cut From Dr. Reddy’s Investor Suit

    A New Jersey federal judge told a pension fund on Wednesday that it only has standing to pursue securities claims against Dr. Reddy's for five alleged misstatements it made immediately prior to the fund's purchase of the pharmaceutical company's stock.

  • March 21, 2019

    Plaintiffs Bar Cheers High Court's Pass On Class Cert. Review

    The plaintiffs bar is applauding the U.S. Supreme Court's choice this week to leave intact a Sixth Circuit decision that endorses a little-used path to class certification, a ruling experts say is likely to result in more successful class actions, especially toxic torts, across the country.

  • March 21, 2019

    Spirit Balks At Flyers' 2nd Circ. Bid To Revive Bag-Fee Suit

    Spirit Airlines told the Second Circuit on Thursday that federal law preempts a proposed class action alleging it defrauded consumers by concealing its carry-on bag fees on tickets sold through other online travel agents, saying passengers cannot invent and force a disclosure obligation.

  • March 21, 2019

    Hotel Chains Have To Face Search-Engine Antitrust Suit

    An Illinois federal judge on Thursday refused to dismiss a proposed class action against Hyatt, Hilton, Marriott and other hotel giants over allegations the companies have an anti-competitive agreement to avoid advertising against each other via search engines.

  • March 21, 2019

    9th Circ. Backs Anheuser-Busch In Suit Over Stolen Recipes

    A former Anheuser-Busch employee cannot escape the brewer’s trade secret suit accusing him of stealing beer recipes and passing them on to class action attorneys looking to sue the company over allegedly watered-down beer, the Ninth Circuit ruled Wednesday.

  • March 21, 2019

    5 Firms To Get $214M In $1.5B Syngenta MDL Corn Settlement

    Five law firms will receive $214 million in fees from the $1.5 billion Syngenta AG tainted corn settlement after a Kansas federal court adopted those same firms' recommendation on how to allocate some of the money.

  • March 21, 2019

    CH Robinson's Arbitration Pacts Stall OT Class Outreach

    An Illinois federal judge has tentatively blocked a C.H. Robinson worker from notifying colleagues who signed arbitration agreements of her proposed overtime misclassification collective action, citing a recent Fifth Circuit ruling that such workers typically can’t join group litigation.

  • March 21, 2019

    Retirees' Win Nixed In Honeywell Early Retirement Row

    An Eighth Circuit panel on Thursday handed Honeywell International Inc. a win in a proposed Employee Retirement Income Security Act class action, giving the company the go-ahead to cut off health care benefits for a group of Minnesota workers who retired before age 65.

  • March 21, 2019

    Ex-Oracle Worker Can Arbitrate Pay Dispute, 9th Circ. Says

    A former worker who hit Oracle Inc. with a putative class action over sales commission pay can send the dispute to arbitration, a Ninth Circuit panel said Thursday, noting that the case put the tech titan in the atypical position of fighting against arbitrating employment matters.

  • March 21, 2019

    CenturyLink 401(k) Plan Members Get Another Shot At Suit

    A proposed class of participants in a CenturyLink 401(k) plan were given another shot at suing the company over claims it unwisely chose and then failed to monitor a poor investment option for the plan when a Colorado federal judge allowed them to file an updated suit.

  • March 21, 2019

    Ill. Judge Again Gives LL Bean Warranty Suit The Boot

    “Nothing much has changed” in an amended complaint from a customer claiming L.L. Bean Inc.’s switch from a century-old lifetime warranty to a one-year return policy violates consumer protection laws, prompting an Illinois federal judge to dismiss the suit for good on Wednesday.

  • March 21, 2019

    EPA Contractors Can't Dodge Suit Over Gold King Mine Spill

    A New Mexico federal judge has allowed the bulk of claims to proceed against two U.S. Environmental Protection Agency contractors who worked on the Gold King Mine that spilled 3 million gallons of contaminants, saying they must face allegations brought under federal environmental and state tort laws.

  • March 21, 2019

    Mass Tort Firm's 401(k) Plan Participant Defends Class Claims

    An Andrus Wagstaff PC retirement plan participant has argued in Ohio federal court that she should be able to join with other plan participants as a class to sue the national mass tort law firm and Nationwide Life Insurance Company over allegedly exorbitant plan fees.

  • March 21, 2019

    1st Circ. Loss Dooms New Asacol Buyer Class, Allergan Says

    Allergan PLC said a group that claims the company's anti-competitive methods caused it to overpay for its ulcerative colitis drug should not get a second chance at class certification after the First Circuit knocked down its first attempt.

  • March 21, 2019

    Rejected J&J Job Seeker Must Arbitrate Claim, 3rd Circ. Told

    A Johnson & Johnson unit on Thursday urged the Third Circuit to toss a would-be employee's proposed class claims that he was unfairly denied a job due to an erroneous criminal background check, arguing that his agreement to arbitrate claims with a temporary employment staffing agency extended to the pharmaceutical company.

  • March 21, 2019

    Investor Wants Medley Capital Merger Vote To Proceed

    A Medley Capital Corp. investor filed a proposed class action Wednesday seeking to have the Delaware Chancery Court bar further delay of a stockholder vote on a proposed merger with Sierra Income Corp., even though the court ruled last week a vote can't be held until more information is disclosed.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Off-Label Promotion Still A Litigation Risk For Pharma Cos.

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    In recent years, the U.S. Department of Justice has shown some reluctance to bring cases involving off-label promotion of pharmaceutical products, but this type of marketing remains the driving force behind many product liability and mass tort litigations, say Dae Lee and Jesse Dresser of Frier Levitt LLC.

  • The Post-Cyan­ Spike In State Securities Act Filings

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    One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.

  • Justices Offer Practical Approach To Class Appeal Deadline

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    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • If There, Then Here: How Gov't Probes Help Antitrust Plaintiffs

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    Private plaintiffs seeking to bolster their price-fixing complaints by citing government investigations or guilty pleas concerning different markets should consider instructive decisions from the Auto Parts, Generic Drugs, and SRAM and Flash Memory litigations, say William Reiss and Dave Rochelson of Robins Kaplan LLP.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.