Class Action

  • April 02, 2020

    6th Circ. Fight Ramps Up Over $30M Blue Cross Antitrust Deal

    Insurers objecting to Blue Cross Blue Shield of Michigan's $30 million settlement to resolve insurance price-fixing claims have doubled down in their Sixth Circuit bid to void the already-approved deal, slamming the district court for not properly scrutinizing the renewed agreement previously struck down by the appeals court.

  • April 02, 2020

    11th Circ. Told Dismissal Of Ritz Tips Class Suit Didn't Fit Bill

    A New York man told the Eleventh Circuit Thursday that a Florida federal court wrongly tossed his proposed class action accusing Ritz-Carlton of deceptively adding automatic gratuities on dining bills at its Florida hotels after the judge improperly limited his claims.

  • April 02, 2020

    Brooklyn Prison Urged To Settle At-Risk Inmates' Release Bid

    A New York federal judge on Thursday urged the Federal Bureau of Prisons to settle with vulnerable inmates seeking release from a Brooklyn facility because of the deadly threat coronavirus poses to them, instructing the agency to consider compassionate release.

  • April 02, 2020

    Ideanomics Says Investors 'Fishing For Facts' In Latest Filing

    Financial technology company Ideanomics Inc. defended its bid to toss a securities fraud suit Wednesday, telling a New York federal court that their investors' attempt to strike supporting evidence was merely a "cynical ploy" to get discovery they're not entitled to.

  • April 02, 2020

    Some Mass. ICE Detainees May Be Released Amid Pandemic

    A federal judge signaled that due to the COVID-19 pandemic, he is open to releasing at least some of the 148 U.S. Immigration and Customs Enforcement detainees being held at a Massachusetts jail, telling lawyers Thursday that reducing the inmate population should protect the facility in case of an outbreak.

  • April 02, 2020

    Northwestern Workers Seek Filing Delay For ERISA Rehearing

    Northwestern University workers aren’t yet giving up on their proposed class action accusing the school of mishandling their retirement savings, asking the Seventh Circuit for more time to mount a push to revisit the appeals court's March decision spiking their case. 

  • April 02, 2020

    Ill. Hilton Owner, Food Co. Hit With Finger Scan Privacy Suits

    An Illinois Hilton hotel owner and a prepared-food service owned by Elior Inc. are the latest companies accused of violating Illinois' biometric privacy law by requiring employees to scan their fingerprints for work without getting their informed consent.

  • April 02, 2020

    3M Can't Pin Defective Earplugs On Gov't, Military Users Say

    3M Co. can't argue that a government contract preemption gives it clearance to exit a suit over its allegedly defective earplugs, a group of military members told a Florida federal court Wednesday, because the earplugs were also advertised for civilian use.

  • April 02, 2020

    Firms Say Berger Montague 'Piggybacked' On InventHelp Suit

    Oxman Law Group PLLC and Kirby McInerney LLP asked a Pennsylvania federal court to fold a "copycat" lawsuit against invention-marketing service InventHelp into their own, arguing Wednesday that Berger Montague PC had "piggybacked" off their complaint and years of work.

  • April 02, 2020

    Lululemon Escapes Investor's Toxic Work Culture Claims

    Delaware's Chancery Court on Thursday rejected an investor's claims that fitness apparel maker Lululemon Athletica Inc.'s directors breached their duty to the company by approving a $5 million severance package for a former CEO accused of "pervasive misconduct."

  • April 02, 2020

    Seyfarth, 'Skill' Defense On The Outs In US Soccer Pay Suit

    Seyfarth Shaw LLP asked to withdraw as U.S. Soccer’s counsel in a high-profile pay equity dispute with the members of the U.S. Women’s National Team the same day the football federation disavowed its much-criticized argument that the women earned less than male players because they’re less skilled.

  • April 01, 2020

    Facebook, Chamber Back Bid To Strike TCPA Autodialer Ban

    Facebook, the U.S. Chamber of Commerce and more than a half-dozen others have joined the push to convince the U.S. Supreme Court to invalidate the Telephone Consumer Protection Act's autodialer ban, arguing that axing the entire speech-abridging provision is the only way to properly remedy First Amendment deficiencies.

  • April 01, 2020

    Prison Says It Tested Just 2 More Inmates Despite Virus Cases

    The Federal Bureau of Prisons alarmed inmates’ counsel when it revealed to a New York federal judge on Wednesday that a Brooklyn federal prison had tested only two additional inmates — out of 1,700 — after five staff members and one prisoner were found to be infected with the coronavirus.

  • April 01, 2020

    2nd Circ. Revives Yen Libor-Rigging Suit Against Big Banks

    The Second Circuit reversed the tossing of a 2015 suit accusing Barclays, Lloyds, Bank of America and more than a dozen other international banks of benchmark interest rate-rigging, ruling Wednesday that the investor plaintiffs convincingly linked their financial losses to the banks' alleged market manipulation.

  • April 01, 2020

    Calif. Judge Cuts Down OT Class Suit Against HP Spinoff

    A California federal judge on Tuesday partially tossed a proposed class action accusing a Hewlett Packard spinoff and others of misclassifying workers to avoid paying them overtime, saying the worker failed to show that the companies qualified as her joint employers. 

  • April 01, 2020

    Uber Misclassification Risks Spreading COVID-19, Drivers Say

    Uber drivers asked a California federal judge at a call-in hearing Wednesday for an emergency order requiring Uber to classify drivers as employees, arguing misclassifying them as independent contractors — with no paid sick leave — may cause infected drivers to keep working, exacerbating the spread of COVID-19.

  • April 01, 2020

    EQM Stakeholder Seeks To Halt $1.8B Equitrans Merger

    An EQM Midstream Partners LP unitholder filed a lawsuit in Delaware federal court seeking to halt the natural gas operator’s $1.8 billion share-for-unit merger with Equitrans Midstream Corp., asserting a public disclosure on the transaction is misleading and lacking key financial detail.

  • April 01, 2020

    2nd Circ. Hands Chipotle Workers Partial Win In OT Row

    The Second Circuit on Wednesday affirmed a lower court's decision to deny class certification to Chipotle workers in six states claiming they were denied overtime pay, but vacated the court's decision to decertify more than 500 management trainees' collective action on the grounds that their work responsibilities differed too much.

  • April 01, 2020

    Black Bakery Workers Win Class Cert. In Race Screening Suit

    An Illinois federal judge has certified a class of African American laborers who claim that an industrial baker and the staffing firm it contracted with illegally denied them work, a ruling the workers' lawyers say is the first time that such a racial bias claim has been certified against a staffing agency.

  • April 01, 2020

    Pharmacies' Doctor Claims Dropped From Ohio Opioid MDL

    The Ohio federal judge overseeing the multidistrict litigation over the opioid crisis tossed a bid brought by pharmacy chains, including CVS Pharmacy Inc., Walgreen Co. and Walmart Inc., to shift blame onto prescribers, saying he found no basis for the pharmacies to transfer their liability.

  • April 01, 2020

    Wells Fargo Agrees To Pay $18.5M To End Mortgage Claims

    Wells Fargo has agreed to pay $18.5 million to settle claims that it denied loan modifications to eligible mortgage borrowers, according to a preliminary settlement agreement filed in California federal court.

  • April 01, 2020

    Pa. Audit Backs Hospitals' RICO Suit, 3rd Circ. Told

    A Pennsylvania state audit chronicled a yearslong pattern of alleged wrongdoing by a Keystone State hospital that cost competitors $9 billion in special services funding, a proposed class of health care facilities told the Third Circuit on Tuesday in a bid to reinstate its Racketeer Influenced and Corrupt Organizations Act claim.

  • April 01, 2020

    Hyundai Again Beats Fraud Claims Over Powertrain

    Hyundai has again defeated consumer fraud class claims over an allegedly defective powertrain component in certain Santa Fe SUVs that cause the vehicles to lose power on the road after a New Jersey federal judge said a customer didn't show the automaker knew about the purported defect before he leased his vehicle.

  • April 01, 2020

    Fintech Co. GreenSky Hit With Derivative Suit Over IPO

    A GreenSky Inc. investor hit the financial technology startup with a derivative suit in Delaware federal court Tuesday, accusing its board of directors of deceiving the public about its May 2018 initial public offering and costing the company millions of dollars.

  • April 01, 2020

    Facebook Can't Halt Antitrust Row Discovery, Say App Makers

    App developers are firing back at Facebook's bid to halt discovery until a California federal court rules on the company's request to toss their case alleging an illegal monopolistic scheme, arguing the "frivolous" attempt to pause discovery failed to meet its burden of showing the complaint is "facially deficient as to warrant a stay."

Expert Analysis

  • Rebuttal

    Discrimination Cases Are Too Complex For AI Fee Prediction

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    A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

  • Apple Bag Search Ruling Informs On Calif. Pay Compliance

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    Following the California Supreme Court’s recent decision in Frlekin v. Apple that employees must be paid during required bag searches, employers may want to avoid security screenings entirely, and assume that even short time periods for exit searches should be compensated, say attorneys at Munger Tolles.

  • Courts May Clash With Litigants Over Document Review Tech

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    As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • BIPA May Apply To Clearview AI's Creation Of Biometric Data

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    The resolution of recent cases in which IBM and Clearview AI created facial geometries from photographs they obtained from social media will show the extent to which the Illinois Biometric Information Privacy Act applies to these new technologies and uses of biometric data outside Illinois, say Al Fowerbaugh and Karen Borg of Porter Wright.

  • 3 Rulings Show When Litigating Wage Claims Is Worth It

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    Recent decisions from New York federal courts demonstrate when wage and hour defendants may benefit from litigation, rather than an early settlement offer designed to avoid fee-shifting provisions that favor prevailing plaintiffs, says Valerie Ferrier at Martin Clearwater.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • 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.

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