Class Action

  • September 17, 2019

    House To Vote On Limits To Mandatory Arbitration Clauses

    The U.S. House of Representatives is set to vote this week on a proposal to block companies from making workers, consumers and others sign away their right to sue, targeting the mandatory arbitration agreements that businesses have increasingly used to limit their legal exposure.

  • September 17, 2019

    GM Hit With Suit Over Defective Touch Screens

    General Motors LLC on Monday was hit with a proposed class action in California federal court claiming that certain Cadillacs have defective touch screens that are prone to spontaneously cracking, posing a safety risk to drivers.

  • September 17, 2019

    Amazon Wants Privacy Battle Over Alexa Sent To Arbitration

    Amazon has told a Washington federal judge that suits alleging its Alexa voice-activated speakers violate state privacy laws belong in arbitration rather than federal court because of the product's conditions of use.

  • September 17, 2019

    DuPont Looks To Kill $4B Chemours Liability-Offloading Suit

    DuPont is asking a court to end a $4 billion suit by spinoff Chemours over ballooning environmental liabilities, including some that have spurred multidistrict litigation and trials, saying arbitration is Chemours’ only recourse.

  • September 17, 2019

    Toyoda Hit With Another Price-Fixing Suit In Auto Parts MDL

    Toyoda Gosei was hit with another proposed class action Tuesday, this time accusing it of working to rig the price of brake hoses, the latest suit in a multidistrict litigation that has already seen the Japanese auto parts manufacturer spend more than $50 million to settle claims.

  • September 17, 2019

    Adidas Says 401(k) Suit Over $6M In Fees Dead On Arrival

    Adidas has told an Oregon federal judge that former participants in its 401(k) plan claiming it saddled the plan with $6 million in exorbitant administrative fees can't proceed with their proposed class action because the suit doesn't meet the minimum standards for a judge to hear it.

  • September 17, 2019

    Comcast Duped Utahns With Bogus ‘Lifetime’ Deal, Suit Says

    To keep Utah customers from fleeing to Google's newly rolled out fiber services, Comcast baited them with bogus "lifetime" price-lock contracts, only to later renege on the promises and bump up prices, according to a potential class suit that landed in Utah federal court.

  • September 17, 2019

    Chamber Backs 9th Circ. Review Of Facebook Privacy Suit

    The U.S. Chamber of Commerce, think tank TechFreedom and internet industry lobby group the Internet Association have thrown their support behind Facebook’s bid to overturn a Ninth Circuit ruling that revived a class action challenging its face-scanning practices in amicus briefs.

  • September 17, 2019

    Tesla Urges 9th Circ. To Shut Down Model 3 Disclosures Suit

    Tesla told the Ninth Circuit on Monday that a pair of investors have twice failed to back their claims that the electric automaker misled the public about the pace of production of its Model 3 sedan, insisting its frank disclosures offered a sobering view of production.

  • September 17, 2019

    Ill. Hospital Workers Win Cert. In Overtime Suit

    An Illinois federal judge on Monday certified a collective action brought by employees of a Chicago-area hospital who allege they worked more than 40 hours a week taking calls from patients without being paid overtime.

  • September 17, 2019

    Bondholder Says VW Can't Use New Evidence To Sink Suit

    The pension fund suing Volkswagen for concealing an emissions-cheating scandal from its bondholders told a California federal judge Monday that the automaker improperly introduced evidence last week as part of its attempt to fend off the proposed class action.

  • September 17, 2019

    Nestle Ducks Suit Over Trans Fat In Creamer, For Now

    A California federal judge dismissed a proposed class suit accusing Nestle and several retailers of deceiving customers into buying a coffee creamer that includes a source of trans fat, saying the consumer behind the suit didn't put forward enough specifics to support his allegations.

  • September 17, 2019

    MetLife Escapes Class Action By Overcharged Nonsmokers

    A pair of pilots who paid nearly 20% extra on life insurance premiums because they were wrongly categorized as smokers can’t sue MetLife because their proposed class action is blocked by federal securities law, a New York federal court ruled Tuesday.

  • September 17, 2019

    JPMorgan Looks To Boot COBRA Suit To Arbitration

    An arbitration agreement dooms a former JPMorgan Chase & Co. worker's suit claiming the bank didn’t give employees proper notice about continuing their health care coverage after being let go, JPMorgan has told a Florida federal judge.

  • September 17, 2019

    Crypto Co. Investors Denied Cert. In $32M ICO Fraud Suit

    A proposed class of investors waited too long to file a certification bid in their suit accusing the now-defunct cryptocurrency company Centra Tech of fraudulently raising $32 million in a 2017 initial coin offering, a Florida federal judge ruled Monday.

  • September 17, 2019

    Chancery Keeps UnitedHealth Group Records Case Alive

    A Delaware vice chancellor refused Tuesday to terminate a UnitedHealth Group stockholder books and records action that had already generated two derivative lawsuits, saying that disagreements over company responsiveness justified keeping the action alive.

  • September 17, 2019

    Aetna, OptumHealth Beat ERISA Suit Over Administrative Fees

    Aetna and OptumHealth won’t have to face an ERISA suit alleging they tricked insureds into paying for administrative fees disguised as medical expenses after a North Carolina federal judge found that the health plan participant bringing the case hadn’t been harmed by their arrangement.

  • September 17, 2019

    9th Circ. Nixes $45M Battery Deals, Citing Uneven State Laws

    The Ninth Circuit has dismantled a set of nationwide class settlements totaling $45 million that were struck in the massive lithium-ion battery multidistrict litigation, finding the lower court didn’t pay enough attention to differences in individual states’ antitrust laws.

  • September 16, 2019

    Dell Inks $21M Deal To End Suit Over 1-Day Stock Drop

    Dell Inc. has agreed to pay $21 million to resolve a shareholder suit over the events leading up to a one-day, 17% drop in the computer company's stock price in 2012 after it reported quarterly cash flow that was nearly a half-billion dollars below expectations.

  • September 16, 2019

    4 Key Takeaways As Opioid MDL Distributors Seek Judge's DQ

    An out-of-the-blue crusade by drug distributors and pharmacies to disqualify the judge supervising multidistrict opioid litigation has little chance of succeeding, but it could lay the foundation for future challenges to the judge's sweeping rejection of legal defenses, experts say. Here, Law360 explores four key takeaways about the motion's impetus and likely fate.

  • September 16, 2019

    Facebook Draws Support For 9th Circ. Review Of Privacy Suit

    A credit reporting industry group and a nonprofit legal organization are backing Facebook's call for the Ninth Circuit to reconsider its revival of a class action challenging its face-scanning practices, arguing that allowing consumers who have suffered no real-world injury to seek billions in statutory damages raises significant concerns. 

  • September 16, 2019

    BofA Seeks Quick Win In Countrywide Appraisal Suit

    Bank of America has moved to derail class action litigation accusing it, Countrywide Financial Corp. and others of a mid-2000s fraudulent real estate appraisal scheme, telling a California federal judge that the case shouldn’t be allowed to go forward to trial with its claims and classes intact.

  • September 16, 2019

    Class Atty Accused Of Fraudulent Billing In Gas Royalties Suit

    A group of dissident landowners in a class action accusing Range Resources Corp. of stiffing them on natural gas royalties asked a Pennsylvania federal judge on Friday to have class counsel booted from the case over allegations that he submitted fraudulent billing records as part of a fee request.

  • September 16, 2019

    Driver Asks Court To Block Uber 'Contractor' Classification

    A California Uber driver suing the company for misclassification has urged a federal judge to order the ride-sharing platform to immediately start deeming its drivers employees, saying a bill advanced last week by Golden State lawmakers making it harder to classify workers as independent contractors bolsters her case.

  • September 16, 2019

    Generic Cos. Pan ‘Irrelevant’ Doc Demands In Price-Fix Case

    Numerous generic-drug makers entangled in a vast price-fixing suit in Pennsylvania federal court are slamming a special master’s plan for discovery, claiming that his recommendation would force them to produce millions of documents the companies view as irrelevant.

Expert Analysis

  • 9th Circ. Ruling Highlights Evolution Of Calif. Arbitration Law

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    Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • 11th Circ. Ruling May Mark Turning Point For TCPA Litigation

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    The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Mutual Funds Should Stay Out Of Shareholder Litigation

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    A forthcoming article in the University of Chicago Law Review argues that mutual funds should participate more aggressively in shareholder litigation to enhance fund returns, but ignores several practical realities, including that the opportunity costs of pursuing litigation are not always in the best interest of fund shareholders, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • How Railroads Dodged A Bullet In Fuel Surcharge Case

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    The D.C. Circuit recently affirmed the denial of class certification in a case against the four largest U.S. railroads for conspiring to set fuel surcharges, diminishing shippers' time to bring individual antitrust claims, says Sandra Brown of Thompson Hine.

  • Federal Food Label Class Actions Face Growing Headwinds

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    Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.

  • Key Questions The Oklahoma Opioid Verdict Didn't Answer

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    Oklahoma Judge Thad Balkman's landmark verdict against Johnson & Johnson for its role in promoting opioids did not address certain key issues raised by the defendants, including federal preemption, and blurred the distinction between a damage award and an abatement order, says Richard Ausness of the University of Kentucky College of Law.

  • Opinion

    Minor Leaguers' Class Cert. Win Won't Help Baseball Pay

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    A class of approximately 6,000 Minor League Baseball players was recently certified by the Ninth Circuit in a minimum wage case, which is a major victory for the players, but a glimmer in the otherwise dismal labor history and future of Minor League Baseball, says Ronald Katz at GCA Law.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • 4 NY Cases Forge Post-Cyan Securities Litigation Landscape

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    The first wave of New York state court decisions following the U.S. Supreme Court's Cyan opinion — granting state courts concurrent jurisdiction in Securities Act cases — introduces considerations for applying federal securities law precedents and automatic discovery stays that bear further watching, say attorneys at Paul Hastings.

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