Class Action

  • December 02, 2019

    Walgreens Is Latest To Sue Glumetza Makers Over Price Hikes

    Walgreens and a group of other retailers on Monday launched the latest lawsuit against pharmaceutical companies Bausch Health, Assertio, Salix, Santarus and Lupin in California federal court, alleging that they participated in an egregious scheme to catapult prices for diabetes drug Glumetza up to more than $3,000 for one month's supply.

  • December 02, 2019

    $8M Target Cardholder Deal Over Hidden Fees Gets First OK

    An $8.2 million deal struck between a class of Target cardholders and the retail giant won initial approval in California federal court Monday, resolving fraudulent marketing claims over undisclosed card fees for failed transactions.

  • December 02, 2019

    CBD Co.'s Products Are Federally Illegal, Consumer Claims

    A CBD company has been hit with a new type of suit in California federal court by a consumer who says its food and topical cream products are unapproved new drugs sold in violation of federal law.

  • December 02, 2019

    Attys Seek $1.7M Fees In $5M BofA Overdraft Class Deal

    A group of Bank of America customers and class counsel are seeking awards of approximately $1.7 million for their efforts negotiating a nearly $5 million deal to resolve claims the bank wrongly charged account holders overdraft fees for everyday transactions with "gig economy" merchants like Lyft and Grubhub.

  • December 02, 2019

    Pfizer Claims No Link To Generic-Drug Price-Fix Plot

    Pfizer Inc. is seeking to exit the sweeping Pennsylvania multidistrict litigation alleging it conspired with other major drugmakers to keep generic prices high, as the branded drugmaker said its only ties to the allegations stem from a subsidiary, and that's not enough.

  • December 02, 2019

    GM Tries To Dump Defective Transmission Suit

    General Motors LLC is urging a Michigan federal court to throw out a proposed class action accusing the company of selling vehicles with faulty transmissions, arguing consumers couldn't prove the automaker knew about the defects when the cars were sold, among other flaws in the suit.

  • December 02, 2019

    NJ Real Estate Broker Aims To Sink Suit Over Unwanted Texts

    A real estate brokerage asked a New Jersey federal court Monday to toss a proposed class action alleging the business sent unsolicited text messages to a consumer, saying the Telephone Consumer Protection Act claims fall short since the customer did not receive the purported communications via an autodialer.

  • November 15, 2019

    AGs Used Privileged Doc Again In Price-Fix Case: Pharma Co.

    Heritage Pharmaceuticals has told a Pennsylvania federal court that a group of states and territories led by Connecticut included a privileged email in the latest complaint filed in the sprawling generic-drug price-fixing litigation, even after the company tried to claw the document back.

  • November 27, 2019

    8 Firms Vie To Lead Class In Overstock.com Crypto Suit

    After Overstock.com was hit with a host of complaints over its actions around the launch of its new cryptocurrency project tZERO, seven parties have filed motions to be named lead plaintiff, with Cohen Milstein Sellers & Toll PLLC, Levi & Korsinsky LLP and Pomerantz LLP among the firms vying for lead counsel.

  • November 27, 2019

    Most Mass. Fantasy Sports MDL Claims Heading To Arbitration

    A Massachusetts federal judge on Wednesday steered into arbitration most of the claims in a multidistrict suit accusing DraftKings Inc. and FanDuel LLC of operating illegal gambling enterprises in a long-awaited ruling.

  • November 27, 2019

    Apple Moves To Hang Up Iphone Users' FaceTime Suit

    Apple urged a Florida federal judge to ax a proposed class action, arguing that the iPhone 4 owners who accused the company of intentionally making FaceTime nonfunctional for iOS 6 and older operating systems took too long to file the claims.

  • November 27, 2019

    ICE Violated Detainees' Rights In Bond Hearings, Judge Says

    A Massachusetts federal judge granted an early win Wednesday to two classes of undocumented immigrants, finding it is unconstitutional to place the burden of proof on them in civil detention bond hearings that they are not flight risks or should not be jailed.

  • November 27, 2019

    Facebook Users Win Injunctive Class Cert. In Data Breach Suit

    A California federal judge has certified a class of current Facebook users seeking to change Facebook's security practices over claims the social media giant's negligence led to a data breach that affected 29 million users, but rejected two other proposed classes seeking monetary damages.

  • November 27, 2019

    Senators Urge Amtrak To Reverse Forced Arbitration Policy

    Several U.S. senators have called on Amtrak to eliminate a mandatory arbitration policy it implemented earlier this year that bars passengers and their families from collectively suing Amtrak if they're injured or killed in crashes, saying the "disturbing" policy deprives consumers of due process and allows Amtrak to skirt accountability.

  • November 27, 2019

    Allergan Hid Breast Implants' Cancer Risk, Women Say

    Six women have hit Allergan Inc. with a proposed class action in Michigan federal court over its recalled textured silicone breast implants, alleging that the pharmaceutical company hid information that implants were linked to a rare cancer.

  • November 27, 2019

    Borrowers Seek To OK $2.7M Deal To End Robocall Suit

    A group of mortgage borrowers asked an Illinois federal judge to approve settlements worth a combined $2.7 million with two of three banks they say are liable for illegal robocalls made to collect mortgage payments on their behalf, in violation of the Telephone Consumer Protection Act.

  • November 27, 2019

    Justices Urged Not To Weigh In On Payday Loan Ruling

    Consumers leading litigation accusing a tribe-owned lender of charging exorbitant interest rates urged the U.S. Supreme Court not to take up a challenge to a Second Circuit ruling that found arbitration clauses in the loan agreements unenforceable.

  • November 27, 2019

    Jackson Lewis Nabs Employment Litigator From Ogletree

    Jackson Lewis PC has hired a former Ogletree Deakins Nash Smoak & Stewart PC shareholder and current chair of the labor and employment law section of the National Bar Association to join the firm's class action practice in San Francisco as a principal.

  • November 27, 2019

    Glansaol Plan Admin Urges Approval Of Wage Settlement

    The administrator for the estate of bankrupt makeup brand holding company Glansaol Holdings has asked a New York bankruptcy judge to sign off on a $330,000 class action settlement with marketing workers who said they were wrongly classified as freelancers.

  • November 27, 2019

    Harvard Will Change Caption System To Settle Deaf Bias Suit

    Harvard University plans to implement a new audio and video captioning policy and pay $1.5 million in attorney fees and costs to the National Association of the Deaf to settle a class action discrimination suit, the parties told a Massachusetts federal judge Wednesday.

  • November 27, 2019

    T-Mobile, Calif. Workers Get Green Light For $8M Wage Deal

    T-Mobile and a proposed class of California workers have secured initial approval in California federal court for a projected $8 million settlement to end claims that the wireless giant didn’t pay them their full wages and denied them proper rest breaks.

  • November 27, 2019

    Zion Oil & Gas Escapes Investor Suit In Del. Over SEC Probe

    A Delaware federal judge has tossed a shareholder derivative suit claiming Zion Oil & Gas officers misled investors about an investigation by the U.S. Securities and Exchange Commission and benefited from inflated stock prices before the probe came to light, citing a procedural deficiency for the dismissal.

  • November 27, 2019

    NJ Debtor Can't Duck Arbitration Clause For Lack Of Clarity

    A New Jersey state appeals court on Wednesday shot down a consumer’s argument that an arbitration provision in his credit card agreement wasn’t clear enough, saying the man’s proposed class action must be paused while he arbitrates claims a debt collector went after him without having the requisite state license.

  • November 27, 2019

    Duke Energy Beats Suit Over Union Workers' Lost Sick Time

    A Tennessee federal judge has let Duke Energy off the hook in a proposed class action claiming unionized Piedmont Natural Gas workers were wrongly stripped of accrued sick time, unconvinced by the argument that Duke was Piedmont's successor.  

  • November 27, 2019

    Flyers' Attys Win $14.1M Award In Airline Price-Fixing Suit

    A California federal judge has awarded attorneys for a group of passengers $14.1 million in fees for their work on a $58 million settlement with All Nippon Airways, which was one of several airlines accused of conspiring to fix the prices of trans-Pacific flights.

Expert Analysis

  • Opinion

    FTC Warning On Plaintiffs Bar Advertising Is Timely

    Author Photo

    Given the proliferation of misleading ads from plaintiffs attorneys and associated lead generation firms about drugs and medical devices, the Federal Trade Commission's recent announcement that it has sent out warning letters about such advertising practices is welcome news, says Eric Alexander of Reed Smith.

  • Options For Calif. Franchisors After New Contractor Standards

    Author Photo

    Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

  • A Developing Split Over Online Marketplace Product Liability

    Author Photo

    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Rebuttal

    Mutual Funds Should Consider Shareholder Litigation

    Author Photo

    A recent Law360 guest article attempts to dissuade mutual funds from engaging in shareholder litigation, but it ignores the practical realities of how, under the right circumstances, it often makes sense for mutual funds to participate, say attorneys at Labaton Sucharow.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

    Author Photo

    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

    Author Photo

    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • NY Pay Frequency Ruling May Expand Employer Liability

    Author Photo

    In Vega v. CM & Associates Construction Management, a New York appellate court recently recognized for manual workers a private cause of action and the ability to recover liquidated damages when they have been paid late, a decision that could lead to an uptick in pay frequency claims, say Leni Battaglia and Melissa Rodriguez at Morgan Lewis.

  • Vaping Crisis Raises New Liability And Insurance Issues

    Author Photo

    As the number of vaping-related lung illnesses continues to grow, causation and overall exposure remain elusive concepts, but historical precedent arguably provides a framework for understanding the liability and insurance coverage implications, say Jodi Green and Jonathan Viner of Nicolaides.

  • Consider The Power Of Tactical Empathy

    Author Photo

    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

    Author Photo

    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

    Author Photo

    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • Defendants’ Chances On Daubert May Vary By Circuit

    Author Photo

    A survey of recent Daubert decisions shows that the Ninth Circuit reverses district court exclusions of experts nearly half the time, and — unlike numerous other courts — appears to reject the principle that any step that renders an expert’s analysis unreliable makes the expert’s testimony inadmissible, say attorneys with Skadden.

  • Opioid Negotiation Class May Be Organic Procedure Evolution

    Author Photo

    The so-called negotiation class approved by an Ohio federal judge in the multidistrict opioid litigation seems to demonstrate the common law system’s ability to respond to new factual situations, and the concept may be destined to play a role in resolving increasingly complex mass litigation in the future, says Deborah Hensler at Stanford​​​​​​​ Law School.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

    Author Photo

    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • Roundup

    Pursuing Wellness

    Author Photo

    In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

Can't find the article you're looking for? Click here to search the Class Action archive.