Class Action

  • September 16, 2019

    Uber Drivers' Attys Claim $5M Of Misclassification Settlement

    Lichten & Liss-Riordan PC will receive a quarter of the $20 million settlement it negotiated with Uber to end claims the ride-hailing giant misclassified drivers as independent contractors, after a California federal judge signed off on the firm's attorney fee request.

  • September 16, 2019

    Investors Allege AT&T Lied About DirecTV Now's Performance

    AT&T investors have filed a proposed class action in New York federal court accusing the company and its executives of issuing false and misleading statements about the success of its DirecTV Now streaming service, leading to a drop in the company's stock price when the deception came to light.

  • September 16, 2019

    Opioid MDL Cos. Accused Of 'Inventing' Comments By Judge

    Attorneys for local governments on Monday accused drug distributors and pharmacies of "inventing" statements by U.S. District Judge Dan Aaron Polster in order to make him appear biased, urging the court to reject the companies' disqualification bid.

  • September 16, 2019

    3 Firms Get $6M For Work On $18M False Metrics Suit Deal

    A Massachusetts federal judge gave his final blessing late Friday to an $18 million settlement and more than $6 million in attorney fees for three firms — Block & Leviton LLP, Glancy Prongay & Murray LLP and WeissLaw LLP — that led an investor suit against web hosting company Endurance International Group Holdings Inc.

  • September 16, 2019

    USC Says 'Mega Class' Shouldn't Get Cert. In ERISA Dispute

    The University of Southern California is fighting a bid to certify "a sweeping class" in a suit accusing the school of mismanaging workers' retirement savings, arguing that the workers treated statutory certification requirements as an "empty formality."

  • September 16, 2019

    Instagram Handles Covered By Publicity Law, 7th Circ. Told

    An Instagram user urged the Seventh Circuit on Monday to certify a class of users who claim Groupon wrongfully used images that identified them, telling the court that usernames qualify as identifiers under the Illinois Right to Publicity Act.

  • September 16, 2019

    US Says World Bank Unit Can't Be Sued Over India Coal Plant

    The United States has told a D.C. federal court that the Foreign Sovereign Immunities Act blocks a lawsuit by fishermen and other locals in India who accuse a World Bank Group unit of helping to finance an allegedly environmentally disastrous coal power plant nearby.

  • September 16, 2019

    Teva Wants Pa. Investor Suit To Join Others In Conn.

    Teva Pharmaceutical Industries Ltd. has asked a Pennsylvania federal judge to transfer a proposed investor class action to Connecticut, where it would join a host of other suits filed over an alleged scheme to fix prices on generic drugs.

  • September 16, 2019

    Neuberger ERISA Case Filed Too Late, 401(k) Committee Says

    The committee that manages Neuberger Berman Group LLC’s 401(k) plan has told a New York federal court to toss a proposed class action accusing the investment management firm of violating federal benefits law by keeping a poorly performing, company-affiliated fund as an investment option for its retirees. 

  • September 16, 2019

    Safeway, Aon Hewitt Will Pay $8.5M To End 401(k) Battle

    Grocery chain Safeway and Aon Hewitt Investment Consulting Inc. have agreed to pay a combined $8.5 million to end a proposed class action brought by workers claiming the companies mismanaged their retirement savings by keeping high-cost investment options in their 401(k) plan.

  • September 16, 2019

    Jones Day Grudgingly OKs Sex Bias Suit Expansion

    Jones Day told a federal judge Monday that while allowing female ex-associates accusing the firm of gender discrimination to expand their lawsuit “would not serve the interests of justice,” the legal powerhouse will consent to their revisions to avoid getting bogged down in procedural wrangling.

  • September 16, 2019

    Danone Can't Escape False Ad Suit Over Coconut Milk

    Danone must face a suit in California federal court alleging its Silk Coconutmilk line deceives customers into thinking it’s healthy by claiming to be free of cholesterol after a federal judge found customers may be misled despite the label being literally true.

  • September 16, 2019

    Sirius Aims To Send 'Bait-And-Switch' Claims To Arbitration

    Sirius XM Holdings Inc. is looking to pull into arbitration a subscriber’s claims in New Jersey federal court that the company engaged in an unlawful “bait-and-switch” scheme to sell satellite radio packages for a higher price and shorter length than advertised, citing an arbitration clause in a customer agreement.

  • September 16, 2019

    Purdue Pharma Seeks To Halt Opioid Suits With Ch. 11 Filing

    OxyContin maker Purdue Pharma LP filed for Chapter 11 protection in New York late Sunday night, less than a week after reaching a deal to settle more than 2,000 suits by local governments, states and tribes over its alleged role in fueling the opioid crisis.

  • September 14, 2019

    Opioid MDL Judge Deserves DQ For Bias, Distributors Say

    Drug distributors and pharmacies on Saturday launched a bold attack on the Ohio federal judge supervising multidistrict opioid litigation, accusing him of appearing deeply biased against them and deserving of disqualification.

  • September 13, 2019

    Settlement Is A No Go In Challenge To Failed Xerox-Fuji Deal

    A New York judge refused to greenlight a proposed settlement in a case challenging Xerox Corp.'s abandoned merger with Fujifilm Holding Corp., which was once valued at $6.1 billion, saying the investors leading the suit aren't fit representatives for the proposed class.

  • September 13, 2019

    DOJ Can’t Elude Refugees’ FOIA Suit Over BNP Paribas Docs

    The U.S. Department of Justice must face an FOIA suit filed by two Sudanese refugees seeking documents related to the agency's investigation of BNP Paribas helping clients evade U.S. sanctions, a D.C. federal judge ruled Friday, rejecting exemption assertions that the documents relate to an ongoing investigation.

  • September 13, 2019

    Ford's Transmission Deal Needs Closer Look: Split 9th Circ.

    A split Ninth Circuit vacated Ford Motor Co.'s settlement with a class of Ford Fiesta and Focus owners who say their transmissions are defective, finding Friday that the district court was not skeptical enough of the estimated $35 million value placed on the deal by the class counsel's expert.

  • September 13, 2019

    Lyft Rips Driver's Ploy To Dodge Arbitration In FLSA Suit

    Lyft Inc. moved to shut down a California driver's proposed class claims the ride-hailing company flouted state labor laws and the Fair Labor Standards Act, saying his lawyers are pulling "wrongheaded" moves to get around arbitration.

  • September 13, 2019

    UFC, Fighters Trade Blows Ahead Of Class Cert. Decision

    The Ultimate Fighting Championship and fighters suing it over an anti-competitive “scheme” that allegedly keeps their earnings low have just traded some of the most important blows in the potentially multibillion-dollar case, with each side trying to knock out the other’s experts ahead of a class certification decision.

  • September 13, 2019

    Egg Producer Fights 3rd Circ. Appeal After Antitrust Verdict

    The nation's second-largest egg producer urged the Third Circuit on Thursday not to overturn a jury verdict that cleared it of antitrust violations so that egg buyers could apply a stricter standard.

  • September 13, 2019

    Coffee Co. Can't Pick Apart Its $25M False Ad Settlement

    An Illinois federal judge has denied objections by Sturm Foods to how proceeds will be divided from the $25 million it agreed to pay to settle class claims it falsely marketed single-serve coffee pods and told the parties to submit a proposed deal by month's end.

  • September 13, 2019

    Robbins Geller Snags Lead In Suit Over Anheuser-Busch Debt

    Robbins Geller Rudman & Dowd LLP nabbed the role of lead counsel in New York federal court Thursday in a proposed class action accusing Anheuser-Busch of deceiving investors about the beer giant's ability to reduce its "mammoth debt level."

  • September 13, 2019

    Pret A Manger Looks To End $5M Suit Over 'Natural' Label

    Pret A Manger has again asked a New York federal court to toss a $5 million proposed class action that claims the sandwich chain's "natural" label is misleading because its products contain GMOs, saying its customers know that no processed food is completely free of synthetic ingredients.

  • September 13, 2019

    Ex-AT&T Worker Can't Proceed Collectively In Age Bias Suit

    A laid-off AT&T employee can't include other colleagues in her lawsuit claiming the telecommunications giant discriminated against older workers by having them sign an invalid release of claims, a Pennsylvania federal judge has ruled, saying she missed her chance to pursue a collective action.

Expert Analysis

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

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    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • Durational Disconnect Between Cartel Pleas And Class Certs.

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    Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

  • 3rd Circ. Decision Limits Liability Of Board Observers

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    The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Justices Could Shape Fiduciary Conduct In 2 ERISA Cases

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    Although two Employee Retirement Income Security Act cases recently accepted by the U.S. Supreme Court involve different claims for breach of fiduciary duty, they both demonstrate how procedural decisions can have a substantive effect, says Jason Lacey at Foulston Siefkin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • 5 Insurance Coverage Questions Raised By Opioid Litigation

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    A look at the early footprints left by current opioid litigation reveals two insurance coverage issues in their infancy — whether alleged opioid damages were because of bodily injury or caused by an occurrence — and another three issues likely to be litigated soon, say attorneys at Wargo & French.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

  • Evaluating The Efficacy Of FCC's New Foreign Robocall Rules

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    While there is some evidence that the federal government can effectively target unwanted robocalls from bad actors overseas, the Federal Communications Commission's new international authority may be not be enough to deter international callers, say Robert Gastner and Horace Payne at Eckert Seamans.

  • 7 New Remand And Removal Tricks

    Excerpt from Lexis Practice Advisor
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    New and improved strategies based on recent case law can bring good fortune to removal and remand practice, helping land a client's case in the desired state or federal court, says Jim Wagstaffe at Wagstaffe von Loewenfeldt.

  • From Roundup To Oatmeal: New Trends In Glyphosate Suits

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    Over the past year, three juries have rendered multimillion- and even multibillion-dollar verdicts in favor of plaintiffs alleging that exposure to the herbicide glyphosate gave them cancer. But a new wave of claims asserting that food products have failed to disclose trace amounts of glyphosate faces significant challenges in court, say attorneys at Crowell & Moring.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.

  • Dissecting The Inherent Tension In Today's TCPA Landscape

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    Following the D.C. Circuit's 2018 Telephone Consumer Protection Act decision in ACA International, many expected the Federal Communications Commission to step in with guidance on the statute. But almost a year and a half has passed and the TCPA remains in chaos while the industry waits for new direction, say attorneys with Troutman Sanders.

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