Class Action

  • February 21, 2020

    Domino's Tells 6th Circ. No-Poach Claims Must Be Arbitrated

    Domino's Pizza has told the Sixth Circuit that a lower court was right to force a suit over no-poach provisions in its past franchise agreements into arbitration, saying the former driver's appeal has no support from the facts or the law.

  • February 21, 2020

    State Farm Unit Accused Of Routinely Denying Auto Benefits

    A State Farm unit used an inadequate claims review process to deny or reduce personal injury benefits to policyholders who required medical treatment after car accidents, a proposed class alleged in Kentucky federal court.

  • February 21, 2020

    Investors Sue Cincinnati Bell In Del. Over $2.6B Merger Plan

    Cincinnati Bell Inc. stockholders hit the company late Thursday with a proposed class action in Delaware federal court alleging disclosure shortcomings ahead of its $2.6 billion proposed acquisition by Toronto-based Brookfield Infrastructure Inc. and seeking a deal block or reversal.

  • February 21, 2020

    Opioid Cos. Must Face Benefit Plans' Suit In MDL

    The Ohio federal judge overseeing the opioid multidistrict litigation allowed union benefit plans to go forward with their suit alleging that opioid companies created a public nuisance, finding that they claim injuries different from the harm to health and safety suffered by the general public.

  • February 21, 2020

    US Women's Soccer Team Seeks $66.7M In Gender Pay Suit

    Players on the U.S. Women's National Team have urged a California federal judge to grant them a win in their gender discrimination lawsuit against the U.S. Soccer Federation, disclosing they are seeking over $66.7 million in damages and arguing now-public collective bargaining agreements prove a disparity in pay.

  • February 21, 2020

    Hilton Retirees Defend Bid For Class Cert. In Pension Suit

    A group of Hilton retirees on Friday asked a D.C. federal judge to certify a class in their suit claiming they were cheated out of pension benefits through improper vesting rules, saying the hotel chain resorted to "the Rule 23 equivalent of schoolyard name-calling" in its opposition.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    Players Seek Class Cert. In Big Fish Casino Gambling Suit

    Consumers suing Big Fish Games over its slot machine phone games have asked for class certification and a preliminary injunction that would put those apps on ice, claiming new information from a legislative inquiry and news reports lays bare the "ruinous" and "predatory nature of defendants' practices."

  • February 21, 2020

    Tesoro Refining Can't Beat Calif. Wage Class Action

    A California federal judge denied Tesoro Refining & Marketing Co. LLC’s bid Friday to escape a proposed class action alleging it underpaid workers, rejecting arguments the suit is preempted because it hinges on union contracts.

  • February 21, 2020

    Firms In Chinese Drywall MDL Must Arbitrate $6.8M Fee Tussle

    A Louisiana federal judge has sent part of a $6.8 million fee dispute stemming from a settlement over allegedly defective Chinese drywall to arbitration, finding some of the firms making competing claims had agreed to arbitrate disputes in their co-counsel agreement.

  • February 21, 2020

    Ohio Can't Deny Driver's Licenses To Refugees

    An Ohio federal court has ruled that the Ohio Bureau of Motor Vehicles' policy denying state driver's licenses to refugees with admission documents that are more than two years old is preempted by federal law, while simultaneously certifying a class of refugees.

  • February 21, 2020

    Insurer Says Unwanted Call Suit Was Filed By 'Serial' Litigant

    An insurance company is arguing in Indiana federal court that it has been targeted by a "serial TCPA litigant" aiming to score profits by luring companies into making apparently unwanted calls and then using that as the basis for legal action.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    CBS Investors In #MeToo Suit Must Show Moonves Hurt Stock

    A Manhattan federal judge on Friday said a potential class of investors targeting CBS Corp. in relation to the #MeToo movement must prove former CEO Les Moonves made reassuring statements before revelations about his own alleged sexual misconduct tanked CBS shares.

  • February 21, 2020

    Cboe Investors Push For Appeal In VIX Manipulation Case

    Investors in the Chicago Board Options Exchange urged an Illinois federal judge to immediately enter final, and therefore appealable, judgment on an order ending claims over the alleged manipulation of the exchange's volatility index.

  • February 21, 2020

    Rachael Ray Dog Food Once Again Ducks False Ad Suit

    The makers of Rachael Ray Nutrish dog food have escaped claims they deceived buyers by labeling the food as "natural" despite it having traces of weed killer, as a New York federal judge found that the trace amounts of herbicide are far below the U.S. Food and Drug Administration's allowances.

  • February 21, 2020

    Bid To DQ Judge On Eve Of VW 'Clean Diesel' Trial Tossed

    A California federal judge denied a motion to disqualify him from overseeing the first U.S. trial over Volkswagen's "clean diesel" emissions scandal set to begin on Monday, saying Friday the drivers’ bid was a delay tactic and failed to show the required degree of favoritism or antagonism to justify disqualification.

  • February 21, 2020

    Wells Fargo Tries To End Breach Claims In Mortgage Action

    Wells Fargo pushed for a swift end to part of a class action accusing it of wrongfully denying loan modifications to mortgage borrowers, telling a California federal court Thursday that it had no obligation to notify struggling borrowers about modification options.

  • February 21, 2020

    Greenberg Traurig's $65M Deal In Stanford Ponzi Suit OK'd

    A Texas federal judge on Friday gave his blessing to Greenberg Traurig's $65 million settlement of claims related to its alleged involvement in a $7 billion scheme run by convicted Ponzi scammer R. Allen Stanford.

  • February 21, 2020

    Anheuser-Busch Wants Out Of 'Reflexive' Shareholder Suit

    Anheuser-Busch InBev SA/NV and two of its executives are seeking to end a proposed securities class action alleging fraud over a proposal to lower dividend payments to shareholders, telling a New York federal judge that such lawsuits are predictable, but that this one failed to show the beer company actually misrepresented anything.

  • February 21, 2020

    Kellogg's Must Rework $31.5M Sugary Cereal False-Ad Deal

    A California federal judge has rejected a proposed $31.5 million class action settlement between Kellogg's and consumers who claim it falsely labeled sugar-loaded cereals as "healthy," finding the deal contains several troubling provisions and outright legal errors.

  • February 21, 2020

    Eye On ERISA: A Q&A With Proskauer's Myron Rumeld

    Myron Rumeld, the co-chair of Proskauer Rose LLP's employee benefits and executive compensation group, shared his expectations for a U.S. Supreme Court term packed with Employee Retirement Income Security Act cases and his thoughts on the biggest unresolved questions in ERISA litigation in an exclusive interview with Law360. 

  • February 21, 2020

    NJ Real Estate Group Can't Intervene In Weichert Wage Suit

    A New Jersey real estate trade group can’t become a party in a wage lawsuit against Weichert Realtors because it hasn't shown the case's outcome will impact the industry as a whole, a state appeals court ruled Friday.

  • February 20, 2020

    9th Circ. Urged To Resolve 'One-Sided' TCPA Autodialer Split

    Portfolio Recovery Associates is calling on the Ninth Circuit to scale back its broad definition of what qualifies as an autodialer under the Telephone Consumer Protection Act and align it with several circuit decisions that have taken a narrower view.

  • February 20, 2020

    BASF Gets Chance To Fight $250M Dicamba Punitive Award

    A Missouri federal judge said Thursday he's willing to consider BASF Corp.'s argument that only Monsanto Co. should be on the hook for a $250 million punitive damages award handed down in the first trial over alleged harm caused by the weedkiller dicamba.

Expert Analysis

  • 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.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Class Actions Are A Growing Risk For CBD Cos.

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    Warning letters issued by the U.S. Food and Drug Administration and the Federal Trade Commission have sparked a wave of class actions targeting CBD companies, which could reduce investment in the industry and lower the number of products in the marketplace, says Christopher Binns of Loeb & Loeb.

  • How Cos. Can Prepare For Heartburn Drug Cancer Claims

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    As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • High Court May Interpret TCPA Autodial Rules Narrowly

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    In Barr v. AAPC, perhaps the most important free speech case in decades, the U.S. Supreme Court will likely require a narrow interpretation of the Telephone Consumer Protection Act's automatic dialing system restrictions and protect the public against unwanted robocalls without exposing legitimate messages to liability, say Eric Troutman and Daniel Delnero of Squire Patton.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • The US Product Liability Issues Spreading To The EU

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    U.S. product liability claims are increasingly replicated in the European Union as soon as there is a judgment against a manufacturer, service provider or retailer, and controversial products including glyphosate, talc, cannabis and opioids are particular areas to watch, say Sylvie Gallage-Alwis and Alice Decramer of Signature Litigation.

  • The Dollars And Sense Of Antitrust Class Certification: Part 1

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    Justin Cohen and Kim Papini of Wilson Sonsini break down the legal standards for class certification in pharmaceutical antitrust cases and discuss the economic theories used to support or oppose certification in recent cases. 

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