Class Action

  • July 02, 2020

    Fidelity Settles Workers' 401(k) Plan Suit For $28.5M

    Fidelity has struck a $28.5 million deal with current and former employees to settle a class action claiming the investment firm put profits ahead of their retirement savings by harvesting "excessive" fees from a limited lineup of Fidelity-affiliated funds in its 401(k) plan. 

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    Equifax Investors' Attys Will Earn $29.6M Fee In Stock Suit

    A team of attorneys from Bernstein Litowitz Berger & Grossmann LLP and Bondurant Mixson & Elmore LLP will be taking home a more than $29.6 million counsel fee for representing a proposed class of Equifax investors after securing a $149 million settlement of a suit over the company's vast 2017 data breach, a Georgia federal judge determined.

  • July 02, 2020

    Anonymity Won't Be Allowed In Suit Over COVID-19 Payment

    A man suing U.S. officials claiming that he didn't receive a pandemic stimulus check from the Internal Revenue Service because of his marriage to an immigrant must identify himself before the court, an Illinois federal judge ordered. 

  • July 01, 2020

    Cook Chastises Firm For 'No-Injury' Vein Filter Bellwether

    Cook Medical Inc. told an Indiana federal judge on Tuesday that a national injury law firm has filed a host of "no-injury" cases, including the bellwether in the multidistrict litigation over allegedly defective vein filters.

  • July 01, 2020

    NY Court Cops Sue Over Inadequate COVID-19 Protections

    The union representing more than 1,500 New York state court officers hit Chief Judge Janet DiFiore and the Office of Court Administration with a putative class action in federal court for allegedly not providing enough protective measures against COVID-19 and threatening to discipline the union's president for raising the issue.

  • July 01, 2020

    Ill. Panel Reverses Chicago Health Care Pension Fight Ruling

    An Illinois appeals court on Tuesday partially reversed a lower court's ruling in long-running proposed class action over pension fund obligations after the city of Chicago said it would stop providing its retirees with fixed-rate health care subsidies funded by city taxes.

  • July 01, 2020

    Facebook Taking Row Over Wiretap Act's Reach To High Court

    Facebook is gearing up to appeal to the U.S. Supreme Court a Ninth Circuit ruling reviving claims that it unlawfully intercepted logged-out users' browsing histories, arguing that the dispute presents a chance to resolve a circuit split over whether companies can be held liable under federal wiretap law for receiving communications directly from unknowing users. 

  • July 01, 2020

    Major Real Estate Cos. Accused Of Age Bias In Facebook Ads

    A handful of major real estate companies were sued Wednesday in Maryland federal court over allegations they systematically discriminated against older residents in the Washington, D.C., area by targeting housing ads on Facebook to a young customer base.

  • July 01, 2020

    Sailors Run Out Of Options At 9th Circ. In Fukushima Suit

    U.S. sailors said Wednesday the Supreme Court is the next stop for their $1 billion lawsuit against General Electric Co. and Tokyo Electric Power Co. over alleged radiation injuries suffered during their response to the Japanese nuclear disaster, after striking out in the Ninth Circuit.

  • July 01, 2020

    11 Cases Cut From J&J Talc MDL And Sent Back To Mo. Court

    A New Jersey federal judge has kicked to a Missouri state court 11 cases Johnson & Johnson and others are facing as part of multidistrict litigation alleging that the pharmaceutical giant's baby powder contains asbestos and can cause ovarian cancer.

  • July 01, 2020

    Investors Say Fund Cost Them $52M By Inflating Assets

    Investors in a Wisconsin-based fund focused primarily on gems and minerals are claiming in Illinois state court that they lost $52 million when fund operators and owners inflated the value of its assets and charged millions in fees.

  • July 01, 2020

    Cybersecurity Co. Accused Of Misleading Investors In IPO

    Israeli cybersecurity software company Tufin overstated its business prospects in North America in the lead-up to its $108 million initial public offering, teeing up a drop in its stock price when the company underperformed, an investor told a New York state court Wednesday.

  • July 01, 2020

    Telescope Co. Says Rival Pulling Strings On Antitrust Suit

    Celestron wants out of a $350 million suit accusing the telescope maker of teaming up with rivals to hike the price of the stargazing devices, slamming the suit as a "transparent and frivolous" effort by a non-party competitor to run it out of business.

  • July 01, 2020

    Bausch Not Covered For Allergan Case, Insurers Say

    Insurers for Bausch Health Cos. asked a New Jersey federal judge Wednesday to find that they don't have to pay the pharmaceutical company's costs to defend and settle class-action suits it faced over an alleged insider trading scheme connected to a failed takeover of Allergan, contending the suits are not covered "securities claims."

  • July 01, 2020

    Roche Cyrulnik, Selendy & Gay To Co-Lead TRON ICO Suit

    Roche Cyrulnik Freedman LLP and Selendy & Gay PLLC will work together to represent a proposed class of investors in a suit in Manhattan federal court alleging blockchain software developer TRON Foundation and two of its co-founders made more than $70 million selling unregistered securities.

  • July 01, 2020

    Las Vegas Eateries Press For COVID-19 Shutdown Coverage

    A Las Vegas breakfast chain on Wednesday opposed U.S. Specialty Insurance Co.'s bid to dismiss the restaurants' proposed class suit seeking coverage of losses tied to Nevada's COVID-19 shutdown order, saying the insurer is taking an overly narrow view of its policy.

  • July 01, 2020

    Boeing Wants Out Of Investor Suit Over Max 8 Safety

    Boeing pushed an Illinois federal judge to toss a proposed securities class action accusing the company of hiding safety problems in its 737 Max 8 jets, arguing Tuesday that while the shareholders bring "an avalanche of allegations," none of the purported misstatements show that Boeing intentionally misled investors.

  • July 01, 2020

    Chicken Plant Hit With Sanctions By 'Flabbergasted' Judge

    A Delaware state judge has imposed $28,320 in sanctions against chicken processing plant Mountaire Corp. for overredacting documents produced in discovery in a suit over alleged water pollution, saying he was already "flabbergasted" by the company's conduct but more recent revelations in the case show it's gone too far.

  • July 01, 2020

    Indivior Wants 3rd Circ. To Undo Suboxone Class Cert.

    Indivior Inc. implored the Third Circuit to undo certification of a class action accusing the company of delaying generic competition of its opioid addiction drug Suboxone, arguing Wednesday that certification was improperly based on an overarching antitrust theory, rather than on individually evaluated claims.

  • July 01, 2020

    Canadian Pharma Co. Wants Investors' Stock-Drop Suit Nixed

    A Canadian pharmaceutical company asked a New York federal judge Tuesday to toss a proposed stock-drop class action that alleges the company misled shareholders about the likelihood of a drug gaining approval from the U.S. Food and Drug Administration, saying the company was transparent about the process.

  • July 01, 2020

    Block & Leviton Tapped To Lead Biopharma Stock-Drop Suit

    Block & Leviton LLP will represent a proposed class of shareholders in a suit in California federal court alleging drug developer Gossamer Bio Inc. violated federal securities laws by misleading investors about an asthma treatment it had in the works as it raised more than $317 million when it went public.

  • June 30, 2020

    Weinstein To Pay $19M To End Accusers' Class Action

    Hollywood producer and convicted rapist Harvey Weinstein, along with some of his companies and associates, has agreed to pay nearly $19 million to end a putative class action alleging that he sexually harassed and abused dozens of women, the women said Tuesday in New York federal court.

  • June 30, 2020

    Calif. Appeals Court Revives 99 Cents Workers' Cert. Bids

    A split California appellate court on Tuesday revived certification bids for two putative classes of 99 Cents Only Stores workers, ruling the trial court should have closely scrutinized 174 signed employee declarations produced by the retail giant stating the company did not commit labor code violations against graveyard shift workers.

  • June 30, 2020

    Legal Teams Vie To Lead COVID Test Supply Stock Drop Suit

    Four legal teams are competing to represent a proposed class of investors in Manhattan federal court suit accusing health care analytics company SCWorx Corp. of securities fraud after the firm landed on a list of public companies subject to U.S. Securities and Exchange Commission trading suspensions linked to claims about combating coronavirus.

Expert Analysis

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • 4 Tips For Defending Consolidated Cases

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    Consolidation of plaintiffs may be a trend we'll see more of in the aftermath of COVID-19 court closures, with added risks for those defending such cases before a jury, but running a targeted voir dire and incorporating a strong case theme could go a long way, says Christina Marinakis at Litigation Insights.

  • Opinion

    High Court Should Review Goldman's Maintenance Theory

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    Now that the full Second Circuit has denied rehearing in Arkansas Teacher Retirement System v. Goldman Sachs, the U.S. Supreme Court should review the flawed theory that misstatements can affect stock prices simply by maintaining preexisting inflation, say attorneys at Gibson Dunn.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • 5 Takeaways From Capital One Breach Report Dispute

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    The recent debate over a federal magistrate judge's ordering Capital One to produce a forensic data breach report reveals steps companies can take to make abundantly clear that a report was created in anticipation of litigation in order to protect privilege, say attorneys at Squire Patton.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • M&A Ruling Shows Importance Of Informing Target Boards

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    In Morrison v. Berry, the Delaware Chancery Court's recent dismissal of stockholder claims that advisers aided and abetted a merger target board’s fiduciary breach is a reminder that financial advisers, law firms and M&A buyers should ensure a target board is fully informed, say attorneys at Cleary.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Opinion

    Fed. Courts Are Best Regulator Of Securities Class Actions

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    A recent working paper's position that the U.S. Securities and Exchange Commission is better suited than the federal judiciary to evaluate the statistical threshold on securities class actions contesting market efficiency, price impact and loss causation, would severely inhibit the delivery of justice, says Nessim Mezrahi at SAR.

  • Opinion

    9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic

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    The Ninth Circuit should stop applying more deference to class certification grants than denials, a practice that favors plaintiffs and risks undermining class members' constitutional rights, say attorneys at Gibson Dunn.

  • 4 Clickwrap Pitfalls And How To Avoid Them

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    With the increasing use of electronic agreements during the pandemic, businesses must beware that clickwraps — standard end-user license or terms-and-conditions agreements — can be a hotbed of class action litigation if not done right, say Neel Chatterjee and Victor Wang at Goodwin.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

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