Class Action

  • April 06, 2020

    Firm Cost-Cutting Has GCs Watchful But Not Worried — Yet

    Most general counsel aren't yet scared about potential disruptions to their outside counsel services, even as law firms cut staff and pay to reduce the financial impact of COVID-19. But some say their feelings could change if their key lawyers become unavailable.

  • April 06, 2020

    H&R Block Tax Pro Drops No-Poach Suit At 8th Circ.

    A seasonal H&R Block tax professional has quietly dropped her suit accusing the company of hatching a no-poach agreement that forbade its franchises from hiring employees away from each other or their rivals.

  • April 06, 2020

    Investors Decry 'Identical' New Suit In $16B Kraft Heinz Action

    Two institutional investors at the helm of a $16 billion suit accusing Kraft Heinz of covering up cost-cutting practices told an Illinois federal judge that a newly filed, "virtually identical" complaint should be folded into their existing consolidated proposed class action.

  • April 06, 2020

    W.Va. Hospital Shut Down With ‘No Warning,’ Union Says

    A union representing employees at a shuttered West Virginia hospital threatened to sue the medical center’s parent company Monday, claiming the facility was closed with “no warning” in the middle of a pandemic.

  • April 06, 2020

    Parking Management Co. Hit With Finger Scan Privacy Suit

    A Chicago-based parking and baggage management company violates its workers' biometric privacy rights by having them scan their fingerprints to track work time without first obtaining informed consent, a former employee has claimed in Illinois state court.

  • April 06, 2020

    No Conn. Link Sinks Some Claims In GM Gear-Defect Suit

    A Connecticut judge on Monday trimmed out-of-state claims from a proposed class action alleging General Motors LLC sold GMC Acadia vehicles with a gear-shifting defect, saying named plaintiffs from Texas, Ohio and Tennessee failed to link their claims with the state.

  • April 06, 2020

    UMG Scores Big Win In Suit Over Tapes Destroyed In Fire

    A California federal judge on Monday tossed with leave to amend a proposed class action lodged by Tom Petty’s ex-wife against Universal Music Group seeking part of a $150 million insurance settlement following a 2008 fire that allegedly ruined the songwriter’s master recordings.

  • April 06, 2020

    VW Dealership Must Face Improper Credit Check Suit In Pa.

    A Delaware Volkswagen dealership can be sued in Pennsylvania federal court because it's being accused of improperly running a Pennsylvania woman's credit report through a Pennsylvania-based credit reporting agency, a federal judge ruled Monday.

  • April 06, 2020

    Objector Appeals $7M Fee In ConAgra Deal To 9th Circ.

    An objector to a class settlement ending claims that ConAgra Foods Inc.'s essential oil products were falsely labeled is appealing to the Ninth Circuit, saying the deal's nearly $7 million in attorney fees is "upside-down" when the class's payout was less than $1 million.

  • April 06, 2020

    7th Circ. Asked For Input On Federal Standing For BIPA Suits

    An Illinois woman leading a proposed biometric privacy class action against Compass Group USA Inc. has asked the Seventh Circuit to weigh in on whether plaintiffs must allege their private data could be disseminated to have standing for the claims in federal court.

  • April 06, 2020

    Baxter, Hospira Beat Saline Price-Fixing Class Action Again

    An Illinois federal judge has thrown out a proposed class action against Baxter International Inc. and Hospira Inc. after finding a group of direct buyers of intravenous saline solution again failed to back up allegations that the pharmaceutical companies conspired to manipulate the product's market price.

  • April 06, 2020

    Investors Accuse Crypto Firms Of Illicit Token Sales

    Investors filed a barrage of proposed securities class actions against four crypto-asset exchanges and seven digital token issuers for allegedly offering and selling billions of dollars worth of unregistered tokens, according to 11 suits brought in New York federal court late Friday.

  • April 06, 2020

    Dollar Tree Inks $2.5M Deal Over Wage, Timekeeping Practices

    Employees accusing a Dollar Tree unit of wage violations and shoddy timekeeping practices on Friday asked a California federal judge for initial approval of a $2.5 million settlement deal ending the suit.

  • April 06, 2020

    VW, Drivers Spar Over $100K Punitive Damages Jury Award

    A jury’s $100,000 punitive damages award to five drivers in Volkswagen’s first U.S. trial over its “clean diesel” emissions scandal was in line with the scale of the company's "massive fraud" and should not be reduced, the drivers told a California federal court.

  • April 06, 2020

    United Airlines Sued Over Refund Policy Amid COVID-19

    As airlines slash flight schedules in an effort to stop the spread of the deadly coronavirus pandemic, United Airlines Inc. violated consumer protection laws by refusing to refund passengers for canceled flights, according to a proposed class action filed Monday in Chicago federal court.

  • April 06, 2020

    Volleyball Coach Says Sanctions Improper In Sex Abuse Suit

    Volleyball coach Rick Butler is arguing that he shouldn't be sanctioned for encouraging people to exit a class action over allegedly hidden sexual misconduct allegations, telling an Illinois federal court that members dropped out of "their own free will."

  • April 06, 2020

    Chancery Won't Block Motion To Toss $650M Terraform Suit

    Saying that he was bound by precedent, a Delaware vice chancellor on Monday kept alive a motion to dismiss direct claims that minority Terraform Power shareholders suffered damaging dilution of their stock with the approval of an allegedly underpriced $650 million private placement of shares with Brookfield Asset Management Inc.

  • April 06, 2020

    NASA Lab Inks $10M Deal To End EEOC Age Bias Suit

    NASA’s Jet Propulsion Laboratory has agreed to pay $10 million and appoint a diversity director to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging the lab forced out workers over 40 in violation of federal anti-discrimination law.

  • April 03, 2020

    ND Tribe Members Seek Class Status In Pipeline Trespass Suit

    A former chairman of the Three Affiliated Tribes of the Fort Berthold Reservation in North Dakota refiled to certify a class of tribal members Thursday in a lawsuit claiming a pipeline company has trespassed on their land for years.

  • April 03, 2020

    Wonder Bread Co. To Pay $13.3M To End Driver Wage Action

    A national collective and a group of individual state classes of Wonder Bread distributors and drivers in Maryland, New Jersey and Pennsylvania have agreed to end their wage and misclassification suits in Pennsylvania federal court in exchange for $13.25 million, according to a preliminary settlement agreement filed Friday.

  • April 03, 2020

    StubHub Sued For Refunds For Coronavirus-Canceled Events

    Online ticket reselling giant StubHub Inc. was hit with a class action in Wisconsin federal court alleging it is reneging on its guarantee to provide cash refunds as many are seeking to get their money back for the thousands of events canceled due to the COVID-19 pandemic.

  • April 03, 2020

    LifeLock Investors Seek OK Of $20M Securities Deal

    A group of shareholders asked an Arizona federal judge Friday to give his blessing to a $20 million settlement to resolve claims that the identity protection service LifeLock Inc. misled investors about the impending fallout from its violation of a Federal Trade Commission settlement.

  • April 03, 2020

    States' Suit Touted For Bellwether In Generics Price-Fix Case

    Buyers accusing generic-drug makers of price-fixing urged a Pennsylvania federal judge Thursday to accept a special master’s recommendation and pick a lawsuit by states as their bellwether conspiracy case, pushing back against Teva Pharmaceuticals' objection to the special master's choice.

  • April 03, 2020

    Fla. Property Owners Drop Mining Co. From Soil Pollution Suit

    A group of property owners told a Florida federal court Friday that they wish to drop a mining company from litigation claiming contamination has damaged their water supply and home values, leaving United Technologies’ Pratt & Whitney division as the lone defendant in the $1 billion case.

  • April 03, 2020

    Switch Says Mysterious Exit Of Lead Plaintiff Would Be Unfair

    Switch Inc. challenged a withdrawal bid by the lead plaintiff in the proposed class action over the data center company's initial public offering as unfair, telling a Nevada federal judge that the company has already invested resources into building an argument against the current plaintiff.

Expert Analysis

  • 10 Ways To Continue Biz Development During Coronavirus

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    As lawyers find their typical interactions with clients, prospects and referral sources abruptly postponed or canceled due to COVID-19, there are sanitary and safe business development and marketing opportunities to consider, says Jonathan Fitzgarrald at Equinox Strategy Partners.

  • Toshiba Standard Exposes Foreign Cos. Trading ADRs In US

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    The Ninth Circuit's landmark 2018 ruling in Stoyas v. Toshiba raises the risk that federal courts — such as the California court hearing the case on remand — will find that foreign companies with unsponsored American depositary receipts trading in the U.S. should be subject to U.S. securities laws, say attorneys at Paul Hastings.

  • Hope For Employers On The PAGA Litigation Horizon

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    Manageability arguments against California Private Attorneys General Act claims involving many singular inquiries are gaining traction, despite the state Supreme Court’s recent ruling that individual settlements don’t preclude PAGA claims in Kim v. Reins and other recent defense challenges, say Spencer Skeen and Tim Johnson at Ogletree.

  • 7 Ethics Considerations For Lawyers Using Lead Generators

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    Lawyers should keep in mind that they may well be held responsible for the conduct of lead generation services they employ, even though the ethical and legal requirements in this area can be murky, say Lucian Pera at Adams and Reese, Peter Jarvis at Holland & Knight and attorney William Hornsby.

  • Mitigating Crypto UDAAP Risk After Ripple ICO Ruling

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    In the wake of a California federal court's recent ruling that Ripple Labs' cryptocurrency could face unfair, deceptive, or abusive acts or practices claims, providers should consider steps to lessen their risk of potential UDAAP class actions, says Ali Abugheida at Buckley.

  • 2 Circuit Court Rulings Convolute Class Jurisdiction Outlook

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    Diverging views this week from the D.C. Circuit in Molock v. Whole Foods and the Seventh Circuit in Mussat v. IQVIA further complicate the question of federal courts’ jurisdiction over nationwide class actions posed by the U.S. Supreme Court’s 2017 Bristol-Myers Squibb decision, says Keith Bradley at Squire Patton.

  • Opinion

    New Pipelines Are Needed To Close Law School Diversity Gap

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    Pipeline programs that focus on increasing underrepresented law school applicants beyond those with traditionally favored credentials will help close law schools' diversity gap better than existing programs that aid high achievers already being admitted to law school, says Aaron Taylor at AccessLex Institute.

  • Whether Data Breach Is Inherent Injury Could Affect Millions

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    A split among federal courts on whether the mere risk of harm from unauthorized disclosure of personal information — as in the recent Hackensack Meridian Health breach — creates an injury justifying standing, means that some victims are denied redress, say Varant Yegparian and Ben Cohen at Schiffer Hicks.

  • 2 Stable Value Fund Cases Highlight Risks For Plan Sponsors

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    The Tenth and Eighth Circuits' contradictory decisions in recent cases challenging how Great-West Life & Annuity Insurance and Principal Life Insurance operated their stable value funds shed light on when plan sponsors are at risk of breaching fiduciary duties, say Joseph Faucher and Brian Murray at Trucker Huss.

  • Boeing Case Overcharge Ruling May Not Survive If Appealed

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    A Texas federal court's recent ruling in Earl v. Boeing Co. found RICO standing in the consumer context. But the court’s generous treatment of the plaintiffs’ overpayment theory is hard to square with the Fifth Circuit’s prior rejection of a similar no-injury class action, say Allen Garrett and James Bogan at Kilpatrick.

  • How To Search For A Transformational Law Firm COO

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    As over half of all Am Law 100 chief operating officers have been in their roles for 10 years or more, it stands to reason a sizable number of firms will be seeking new COOs in the next few years. Jennifer Johnson at Calibrate Legal offers practical suggestions for finding candidates beyond the traditional monoculture.

  • A Possible Limit On High Court 2005 Agency Deference Ruling

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    U.S. Supreme Court Justice Clarence Thomas recently argued that his 2005 decision in National Cable & Telecommunications Association v. Brand X on deference to administrative agencies should be reconsidered. To cabin the decision, the court might consider a suggestion made in Justice John Paul Stevens' concurrence, says Andrew Michaels at the University of Houston Law Center.

  • It Can Be Risky For Litigators To Advise On Litigation Funding

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    While it may seem natural for trial lawyers to counsel clients on obtaining litigation funding and funding terms while also bringing the claim, there are several ethics concerns, say Lucian Pera at Adams and Reese and Michael Perich at Westfleet Advisors.

  • PFAS Regulation, Litigation May Be Shaped By Media Claims

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    As state and federal authorities grapple with regulating per- and poly-fluoroalkyl substances, courts are experiencing an influx of environmental and personal injury cases against PFAS manufacturers, and the public is being inundated with sensationalized media that may lead to overly hasty government action, say attorneys at CMBG3 Law.

  • Opinion

    Stop Asking Bar Applicants About Mental Illness

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    If the legal profession is serious about addressing lawyer mental illness and the stigma surrounding it, more states will remove mental illness disclosure questions from bar applications, as New York did last week, says Brian Tannebaum at Bast Amron.

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