Class Action

  • February 26, 2020

    Investor Settlements Remain High As Defendant Sizes Grow

    Median settlement amounts for securities class actions remained at decade-highs in 2019 while the size of defendant stock issuers has more than doubled median levels from the past 10 years, according to a report released Wednesday.

  • February 26, 2020

    7th Circ. Won't Undo $17.85M Deal In Wells Fargo TCPA Suits

    The Seventh Circuit has struck down a challenge to a $17.85 million deal resolving six proposed class actions accusing Wells Fargo of blasting consumers with autodialed calls in violation of the Telephone Consumer Protection Act, ruling that the objector hadn't adequately demonstrated he had received one of the disputed calls.

  • February 26, 2020

    Ripple ICO Suit Mostly Survives Motion To Dismiss

    A California federal judge said on Wednesday that an investor needed to explain more specifically why he claimed Ripple made fraudulent claims about its securities in his suit alleging the company violated the registration requirements of the Securities Act and state statutes when it ran an online initial coin offering for the cryptocurrency XRP.

  • February 26, 2020

    Securities Suit In NY Court Survives Post-Cyan Dismissal Bid

    A New York judge on Wednesday kept alive the central claims in a shareholder suit accusing a Chinese peer-to-peer lender of hiding predatory practices ahead of its initial public offering, in what is among the first denials of a motion to dismiss in New York state court following a controversial 2018 U.S. Supreme Court decision.

  • February 26, 2020

    Albertson's Wants Ill. Justices To Decide If BIPA Is Unlawful

    Albertson's is seeking permission to ask Illinois' high court whether the Illinois Biometric Information Privacy Act is unconstitutional, after failing to convince a lower court in pharmacy employees' suit alleging violations of the state's expansive biometric privacy law.

  • February 26, 2020

    CBD Co. Elixinol Accused Of Violating ADA Via Website

    A man who has filed a spate of class action claims against various companies over website accessibility has filed another complaint, this time against online CBD retailer Elixinol LLC, for claims that it violated the Americans with Disabilities Act.

  • February 26, 2020

    UPenn Workers Urge High Court To Skip ERISA Suit

    University of Pennsylvania workers on Wednesday asked the U.S. Supreme Court not to take up their ERISA suit accusing the school of mismanaging their retirement savings, telling the justices that a Third Circuit panel didn’t create a circuit split when it revived their case.

  • February 26, 2020

    Popular Curly-Hair Product Line Causes Hair Loss, Suits Say

    A curly-hair product line with a fanatic following featured in the TV show "Broad City" has been hit with a handful of proposed class actions from users claiming that DevaCurl products damaged their scalps and made their hair fall out in clumps.

  • February 26, 2020

    Rural Utilities Latest To Sue 3M Over Chemical Cleanup

    A group that represents more than 31,000 rural utility systems is the latest to sue 3M, DuPont, Chemours and others over costs to clean up “forever” chemicals contained in the companies’ firefighting foam products from local groundwater.

  • February 26, 2020

    BASF Wants Out Of $250M Dicamba Punitive Award

    BASF Corp. on Tuesday told a Missouri federal court that only Monsanto Corp. should pay for a $250 million punitive damages award handed down in the first trial over alleged harm caused by the weedkiller dicamba, saying that the court had previously dismissed a claim that both were liable.

  • February 26, 2020

    Swanson Martin Nabs Legal Mal Partner From Donohue Brown

    Litigation firm Swanson Martin & Bell LLP has hired an attorney with nearly two decades of experience in legal ethics and malpractice cases and product liability class actions from Donohue Brown Mathewson & Smyth LLC as a partner at the firm's Chicago office, Swanson Martin has announced

  • February 26, 2020

    EQT Seeks To Force FLSA Overtime Suit Into Arbitration

    EQT Corp. is trying to force a Pennsylvania landman's overtime collective action into individual arbitration, arguing it was never the man's employer and that he signed an arbitration agreement before working with an EQT affiliate.

  • February 26, 2020

    Judge OKs $18.5M Deal Ending Payday Loan Dispute

    A Virginia federal judge ordered preliminary approval Tuesday of an $18.5 million settlement of claims that a former Google executive's financial technology company and a tribal corporation stuck consumers with payday loans carrying triple-digit interest rates.

  • February 26, 2020

    Bernstein Liebhard OK'd To Lead Cannabis Co. Securities Suit

    A New York federal judge has appointed Bernstein Liebhard LLP as lead plaintiffs' counsel in a consolidated securities class action alleging cannabis producer and distributor Hexo Corp. lied and withheld information from investors before losing hundreds of millions of dollars.

  • February 26, 2020

    DOJ, FTC Asked To Weigh In On Rail Price-Fixing Case

    A D.C. federal judge said Tuesday he’ll be inviting the U.S. Department of Justice and the Federal Trade Commission to chime in on long-running multidistrict litigation by shippers accusing the country’s four largest railroad carriers of conspiring to fix fuel surcharge prices.

  • February 26, 2020

    SC Utility Must Face Suit Over Failed Nuclear Reactor Project

    A South Carolina power utility and a former top executive can't escape a proposed securities class action from bond buyers who say they were misled about a doomed nuclear project, a federal court has ruled, finding internal communications cited in the suit suggested possible duplicity.

  • February 26, 2020

    Racer Sues Event Co. Over 'Worthless' Insurance

    Spartan Race Inc. overcharged participants in its obstacle course contests for "worthless" insurance and lined its pockets with the excess fees, according to a lawsuit filed in Florida federal court Wednesday.

  • February 26, 2020

    Opioid Judge Rips Pharmacies' 'Ironic' Push To Halt Discovery

    The Ohio federal judge overseeing multidistrict litigation over the opioid crisis told the Sixth Circuit that pharmacies looking to block nationwide discovery are contradicting themselves by raising privacy concerns when they've tried to pry sensitive health data from plaintiffs in the past.

  • February 26, 2020

    Three Firms Seek Co-Lead On Consolidated Conagra Action

    The Rosen Law Firm PA, the Brown Law Firm PC and Gainey McKenna & Egleston requested Tuesday to share lead counsel designation in an action that would result from consolidation of three shareholder derivative suits that accuse leadership at Conagra Brands Inc. of deceiving investors about details of its nearly $11 billion acquisition of Pinnacle Foods Inc.

  • February 26, 2020

    TopGolf Workers Claim They Were Cheated Out Of Pay

    A proposed class of tipped servers and bartenders at TopGolf restaurants are suing the company, saying it violated wage laws by paying them at a reduced wage intended to be balanced by tips, while they performed jobs with no chance of receiving tips.

  • February 26, 2020

    Allergan Inks $51M Deal To End Direct Buyers' Restasis Suit

    Allergan has struck a $51.2 million deal with buyers of dry-eye medication Restasis to end allegations that the pharma giant fought to keep a generic version of the medication off the shelves.

  • February 26, 2020

    Employers Lose Intel High Court Suit But Get Gift From Alito

    The U.S. Supreme Court handed workers a big win Wednesday by preserving a six-year deadline to file ERISA class actions as the standard, but employers have already seized on language in Justice Samuel Alito's opinion as a road map for how to impose a shorter deadline.

  • February 25, 2020

    Equifax Investor Suits Get Early OKs For $149M, $33M Deals

    A Georgia federal judge on Tuesday preliminarily approved a $149 million deal to end a securities suit from a putative class of Equifax investors related to the credit reporting agency's massive 2017 data breach, just a day after he did the same for a $32.5 million deal in a derivative shareholder suit stemming from the same incident.

  • February 25, 2020

    OSU Not Handling Sex Abuse Talks In Good Faith, Judge Told

    A group of alleged sexual assault victims of a former Ohio State University sports doctor urged a federal judge to allow their litigation to continue, telling him that mediation has “run its course” and that the university has not been negotiating in good faith.

  • February 25, 2020

    10th Circ. Scraps Western Union Investors' AML Suit

    The Tenth Circuit declined on Tuesday to revive a proposed shareholder class action accusing Western Union of hiding its noncompliance with anti-money laundering regulations, affirming a lower court’s dismissal for failure to show that the money transfer service knowingly flouted federal securities laws.

Expert Analysis

  • 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. 

  • Series

    Why I Became A Lawyer: Following A Serendipitous Path

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    I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.

  • Biometric Privacy In 2020: What Companies Can Expect

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    This year, companies should anticipate a continued effort by state lawmakers to pass legislation regulating the use of biometric technologies, as well as a proliferation of class actions that will further define the contours of the law, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Biometric Privacy In 2020: The Current Legal Landscape

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    The Illinois Supreme Court’s opinion in Rosenbach v. Six Flags — which broadened the scope of companies' exposure — is one of several significant developments in biometric privacy from the last year that set the stage for 2020, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Cases Against Celeb Restaurant Owners Highlight FLSA Risks

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    Recent Fair Labor Standards Act complaints against reality TV star and restaurant owner Lisa Vanderpump in California and celebrity chef Chris Santos in New York show why the food service industry is a prime target for wage and hour claims, and underscore federal and state overtime, tipping and rest break compliance challenges, says Dove Burns at Obermayer Rebmann.

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

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    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.

  • Product Liability Defense In The Last Decade — And The Next

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    For product liability defense attorneys, the last decade saw the development of generic drug preemption and the growth of multidistrict litigation — while the decade to come promises further expansion of preemption and a growing focus on health and sustainability, say Lori Cohen and Sara Thompson of Greenberg Traurig.

  • Opinion

    Most Lawyers Do Not Understand How AI Works

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    Clearview AI's problematic attempt to defend its facial recognition and artificial intelligence technology provides a potent case study in potential pitfalls for lawyers working on AI issues, say Albert Fox Cahn and John Veiszlemlein at the Urban Justice Center's Surveillance Technology Oversight Project.

  • 4 Considerations When Moving To A New Law Firm

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    When contemplating a lateral move to a new law firm, lawyers should carefully review questions concerning firm structure, benefits, compensation and binding documents in order to identify obligations and potential red flags, say Amy Richardson and Lauren Snyder at Harris Wiltshire.

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