Class Action

  • October 08, 2019

    Purdue Agrees To Put Off Consideration Of Ch. 11 Bonuses

    Bankrupt drugmaker Purdue Pharma LP told a New York judge Tuesday that it had reached an agreement with unsecured creditors and others to delay final consideration of certain employee bonuses proposed in its Chapter 11 case.

  • October 08, 2019

    Levi & Korsinsky Picked To Lead Corcept Stock Drop Suit

    A California federal judge on Monday appointed Levi & Korsinsky LLP to lead a proposed class action alleging Corcept Therapeutics Inc. hid that it bribed doctors to promote its abortion drug Korlym and engaged in other shady sales practices, causing its stock to plummet when the allegations came to light.

  • October 08, 2019

    Flushable Wipes Judge Plumbs Product's Precise Use

    A Brooklyn federal judge quickly brushed aside questions about the qualifications of experts in flushable wipes class action litigation on Tuesday and frustrated counsel by instead fixating on how consumers use the product.

  • October 08, 2019

    Samsung Offers New TV Defect Deal After Alsup's Criticism

    Just over a week after U.S. District Judge William Alsup resoundingly rejected Samsung’s first attempt to settle a proposed class action over broken plasma TVs, the electronics giant has put forward a revamped deal that aims to alleviate the California judge’s concerns.

  • October 08, 2019

    Cornell Win Irrelevant To Columbia ERISA Case, Workers Say

    Columbia University workers accusing the school of violating federal benefits law by mismanaging its retirement plans urged a New York federal judge not to throw out their suit, saying a recent decision to trim a similar case against Cornell University isn't pertinent. 

  • October 08, 2019

    Morgan Stanley Defeats 'Opportunistic' $150M ERISA Suit

    A federal judge in New York has spiked a $150 million proposed Employee Retirement Income Security Act class action against Morgan Stanley, calling the challenge to the company retirement plan’s fees and investments “opportunistic Monday-morning quarterbacking on the part of lawyers.”

  • October 08, 2019

    Tesla Suit Lead Plaintiff Survives 9th Circ.'s Scrutiny

    U.S. District Judge Edward Chen of California didn't “clearly err” when he appointed an investor as lead plaintiff in a lawsuit over a tweet from Tesla CEO Elon Musk that said he was prepared to take the company private, the Ninth Circuit decided Tuesday.

  • October 08, 2019

    Texas Justices Ponder 'Good Faith' In $79M Clawback

    Texas Supreme Court justices on Tuesday questioned whether a Stanford International Bank Ltd. investor who suspected fraud but didn't report it before a $7 billion Ponzi scheme unraveled could be deemed to have acted in good faith and avoid returning about $79 million he withdrew from the bank.

  • October 08, 2019

    NJ Justices Skeptical Unharmed Kia Drivers Should Get $6.3M

    The New Jersey Supreme Court on Tuesday expressed doubt over a lower appeals court's reinstatement of a $6.3 million jury award for a class of Kia Motors America Inc. customers who sued over defective brakes, questioning why the portion of drivers who never got their cars repaired would be entitled to any damages.

  • October 08, 2019

    Takeda Avoids Most Claims In Actos Buyers' Antitrust Suit

    Japanese pharmaceutical company Takeda scored a big win Tuesday when a New York federal judge agreed to dismiss all claims but one in a suit accusing the company of delaying generic competition for its diabetes drug Actos.

  • October 08, 2019

    Cannabis Security Co. Urges 10th Circ. To Rehear Wage Case

    Colorado cannabis security company Helix TCS Inc. has petitioned the Tenth Circuit for an en banc rehearing of a September panel decision that the Fair Labor Standards Act applies to workers in the legal marijuana industry.

  • October 08, 2019

    Rehab Workers Reach Deal In Health Benefits Dispute

    Rehabilitation center chain Sovereign Health and its claims administrator Allied Benefits have struck a deal to end their involvement in an Employee Retirement Income Security Act suit accusing them of failing to fork over money meant for Sovereign's employee health plan, an attorney for Allied confirmed Tuesday.

  • October 08, 2019

    WWE Tells 2nd Circ. No Rematch In Wrestler Concussion Suit

    World Wrestling Entertainment and its CEO Vince McMahon are urging the Second Circuit not to give wrestlers who claim the organization hid the risks of head injuries a rematch, saying a lower court was right in finding their claims were time-barred.

  • October 08, 2019

    Investor Suing Insys 'Not Listening' To Court, Judge Scolds

    An Arizona federal judge sharply rebuked an Insys Therapeutics investor Tuesday for "not listening" to the court's position on the shareholder's request to excuse the beleaguered pharmaceutical company from a proposed securities class action over its bribery of doctors to prescribe an addictive opioid spray.

  • October 08, 2019

    Attys Denied Fee Set-Aside In Generics Antitrust Case

    Lawyers for two sets of litigants suing generic-drug makers in a price-fixing class action can’t get a 10% set-aside from any future damages that parties taking their own direct actions ultimately win, a Pennsylvania federal judge has ruled, at least for now.

  • October 08, 2019

    Junk Faxes? More Like ‘Good Customer Service,’ Judge Says

    An Illinois federal judge has said a dental claims processor's faxes offering web training aren't advertisements but "simply good customer service," and dismissed the remaining claim in a proposed Telephone Consumer Protection Act class action against the company.

  • October 08, 2019

    Diners Slam Buca Di Beppo's Claim Data Breach Did No Harm

    A proposed class of restaurantgoers urged a Florida federal judge Monday to keep intact their lawsuit over a data breach at Buca di Beppo and other popular chains, arguing that the dismissal bid by the restaurants' owner "analyzes damages in a vacuum" and ignores the real-world impacts of fraud.

  • October 08, 2019

    1st Circ. Questions Fukushima Victims' Need To Sue GE

    The First Circuit on Tuesday questioned why Japanese residents seeking compensation from General Electric for losses tied to the 2011 meltdown at the Fukushima Daiichi Nuclear Power Plant would need to do so in Boston court, rather than in Japan, the venue suggested by the federal judge who dismissed their suit.

  • October 08, 2019

    Faruqi & Faruqi To Lead Ideanomics Investor Suit

    Faruqi & Faruqi LLP nabbed the role of lead counsel in New York federal court Monday for a proposed securities class action accusing financial technology company Ideanomics of concealing infrastructure costs that ultimately damaged its financial performance.

  • October 07, 2019

    Crypto Investors Say Bitcoin Manipulation Cost Market $466B

    A group of longtime cryptocurrency investors say Bitfinex and Tether coordinated to manipulate the price of Bitcoin, potentially costing the market $466 billion, according to a proposed class action filed Sunday in New York federal court.

  • October 07, 2019

    Digital Lender Accused Of 'Rent-A-Bank' Ploy In Small Biz Suit

    A group of small businesses and their owners have filed a proposed class action in New York federal court that accuses online lender Kabbage Inc. of using a flimsy bank partnership to evade state usury laws, saying it's a "sham arrangement" of the sort that the Second Circuit's Madden decision was meant to stop.

  • October 07, 2019

    DC Circ. Seems Likely To Revive Fight Over $17M Yahoo Fund

    Two D.C. Circuit judges signaled the possibility of resurrecting litigation by a group of once-jailed Chinese dissidents who accused Yahoo Inc. of failing to properly manage a $17.3 million fund meant to benefit them, seeming to agree they have met the standards required to keep the suit afloat.

  • October 07, 2019

    Cannabis Software Co. Wants Out Of TCPA Class Action

    A cannabis industry technology firm asked a California court to toss a proposed class action brought by consumers who said they received unsolicited texts from dispensaries, arguing that developers can’t be held liable under federal communications law for how clients use their platforms.

  • October 07, 2019

    11th Circ. To Revisit FACTA Standing Issue In Godiva Suit

    The Eleventh Circuit's full bench will reconsider the court's approval of a $6.3 million class settlement that Godiva agreed to pay to consumers for printing too many payment card digits on receipts, following controversy over the original opinion's findings regarding the lead plaintiff's ability to bring the claims.

  • October 07, 2019

    Chancery Retains Part Of Boardwalk Pipeline Class Suit

    A Delaware vice chancellor on Monday refused to toss three of six counts in a proposed class challenge to Boardwalk Pipeline LP's $1.5 billion public unit buyout in 2018, ruling the class has shown it is “reasonably conceivable” the deal was unfair to minority unitholders.

Expert Analysis

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • ERISA Arbitration In The Wake Of 9th Circ. Schwab Ruling

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    Employee retirement plan sponsors considering the use of arbitration clauses with class action waivers in plan documents following the Ninth Circuit’s ruling in Dorman v. Charles Schwab should first consider the pros and cons of arbitration in the Employee Retirement Income Security Act context, says Chris Meyer at Sidley Austin.

  • Yale Case Reminds Employers Of Key Wellness Program Risk

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    As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.

  • 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.

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