Class Action

  • September 10, 2019

    Stem Cell Biz Facing Fraud Claims Declares Bankruptcy

    A medical group facing a certified class action for its alleged fraudulent marketing of stem cell treatments has told a California federal court that it has filed for bankruptcy and will liquidate the business.

  • September 10, 2019

    Workers' Challenge Of 401(k) Fees Time-Barred, BTG Says

    BTG International Inc. told a Pennsylvania federal judge that its former workers waited too long to bring a proposed class action accusing the health care company of violating the Employee Retirement Income Security Act by letting its 401(k) plan pay excessive fees to John Hancock USA.

  • September 10, 2019

    More Firms Pile Onto Seeger Weiss In Concussion Fee Fight

    Zimmerman Reed LLP and Kreindler & Kreindler LLP have added their voices to the growing chorus of attorneys claiming Seeger Weiss LLP shortchanged them for their work on the landmark NFL concussion settlement, in a contentious fee fight in the Third Circuit.

  • September 10, 2019

    Fatburger Parent Co. Tries Again To Escape IPO Suit

    The parent company of fast-food chain Fatburger asked a California federal court to dump its investors' proposed class action over alleged omissions ahead of its $20 million initial public offering, arguing that the third iteration of the suit still fails to plead securities fraud.

  • September 10, 2019

    Raytheon Says Mortality Table Talk Is 'Irrelevant' In ERISA Suit

    Raytheon Co. has urged a Massachusetts federal judge to toss a proposed class action alleging that it used outdated mortality rates to shortchange retirees on benefits, arguing the rates used to calculate alternatives to single life annuity benefits were reasonable.

  • September 10, 2019

    Cookware Co. Takes Heat Over Faulty Nonstick Pans

    A cookware manufacturer is under fire in Illinois federal court as a putative class of buyers allege that its signature nonstick cooking pans fail to live up to the company’s promises of a lifetime guarantee.

  • September 10, 2019

    MoFo Bias Accuser Pans Subpoena To Her New Firm

    A female lawyer who claims Morrison & Foerster LLP sabotaged her efforts to find work after she accused the firm of putting pregnant women on a "mommy track" says MoFo's "wildly overbroad" subpoena for employment records from her new firm is a fishing expedition. 

  • September 10, 2019

    Buca Di Beppo Owner Says No Customers Hurt In Data Breach

    The owner of several restaurant chains including Italian eatery Buca di Beppo has asked a Florida federal court to throw out a suit over a data breach that supposedly involved more than 2 million credit cards, saying there's no evidence that consumers were harmed by the incident.

  • September 10, 2019

    Debt Collector On Hook For $267M In Robocall Damages

    A California federal judge has entered a $267 million judgment against a debt collection agency that a jury had found liable for blasting consumers with more than 534,000 unsolicited robocalls.

  • September 10, 2019

    Purdue, Opioid Distributors Can't Dodge RICO Claims In MDL

    Purdue Pharma and other opioid makers and distributors can't avoid racketeering and corrupt practices charges in sprawling Ohio multidistrict litigation because the suing cities and Native nations have plausibly alleged the companies "associated together for the common purpose of expanding the prescription opioid market," a federal judge ruled Tuesday.

  • September 09, 2019

    Hagens Berman, Cohen Milstein Fee Bid Slammed By Judge

    No client would stand for the “insufficient” way that Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC explained their billing in a $10 million attorney fee bid that followed a deal in an electronics price-fixing proposed class action, a California federal judge said in a fiery order.

  • September 09, 2019

    Facebook Can't Shake Most Of User Data Harvesting MDL

    A California federal judge on Monday kept alive most of multidistrict litigation stemming from Facebook's involvement in the Cambridge Analytica data harvesting scandal, finding that the company's argument that social media users can't expect their information to remain private "could not be more wrong."

  • September 09, 2019

    2 Firms Seek $12M Award For $33M Chemical Price-Fix Deal

    Miller Law LLC and Stearns Weaver Miller Weissler Alhadeff & Sitterson PA are seeking $12 million for striking an “unprecedented” $33 million deal on behalf of a class of water treatment chemical buyers who lodged price-fixing and bid-rigging claims, according to a Friday filing in New Jersey federal court.

  • September 09, 2019

    MIT Epstein Letter Shows Pres. Should Testify, Workers Say

    A letter from MIT’s president addressing donations the school received from the convicted sex offender Jeffrey Epstein demonstrates why he should testify in a trial challenging $23 million in donations MIT allegedly solicited from Fidelity using faculty members’ retirement savings, a class of MIT workers said Monday.

  • September 09, 2019

    Investors Challenge MSG Networks Tender Offer In Chancery

    MSG Networks Inc. investors opened a class suit to block a proposed $250 million common stock self-tender late Friday, alleging company failures to disclose benefits to the controlling Dolan family's media and entertainment empire.

  • September 09, 2019

    Wells Fargo Fights Mortgage Class Action In Calif.

    Wells Fargo & Co. on Monday rejected various claims brought by 15 current and former mortgage borrowers seeking class certifications who alleged the bank should be held liable for denying mortgage aid to hundreds of eligible homeowners, raising more than two dozen affirmative defenses in its answer.

  • September 09, 2019

    AmTrust Escapes Investors' Suit Over Financial Restatements

    A New York federal court on Monday dismissed a proposed class action alleging AmTrust Financial Services Inc. made a series of misstatements about its finances dating back to 2012 that required the insurer to restate its financials and ultimately sunk the company’s stock.

  • September 09, 2019

    Allegiant Air Can't Ground Safety Lapse Stock-Drop Suit

    Allegiant Air must face a trimmed securities class action alleging the low-cost airline hid its poor safety record and lied to investors about maintenance lapses and dangerous incidents, a Nevada federal judge ruled Monday, finding that at least some of the company's disclosures might've misled investors.

  • September 09, 2019

    1st Circ. Skeptical Of F-Squared SEC Disgorgement Clawback

    A First Circuit panel was skeptical Monday that the liquidation trustee for F-Squared Investment Management LLC's bankruptcy estate can claw back a $30 million disgorgement from the SEC, given that F-Squared waived judicial review when it agreed to the payment.

  • September 09, 2019

    Greystar Seeks To Ax Suit Challenging 401(k) Plan Fees

    A unit of real estate management company Greystar Real Estate Partners has asked a Texas federal judge to toss a former employee's proposed class action accusing the company of mismanaging workers' retirement savings, saying an arbitration pact she agreed to dooms her suit.

  • September 09, 2019

    Law Firm Aims To Sink DirecTV Customer's RICO Suit

    A New York law firm wants out of a lawsuit accusing it of helping DirecTV extort unlawful collections from customers, telling a New Jersey federal judge that even after discovery, there's no evidence it was part of a criminal organization.

  • September 09, 2019

    Public Face In FTC's Belize Fraud Case Can't Escape Suit

    A Maryland federal judge has denied a bid by the alleged public face of a Belize real estate enterprise to exit a Federal Trade Commission sales fraud suit, saying the agency has sufficiently shown he’s breaking the law now and may plan to do so in the future.

  • September 09, 2019

    Cohen Milstein Nabs Longtime DOJ Antitrust Litigator In DC

    Cohen Milstein announced Monday that it has hired a veteran antitrust litigator who comes to the plaintiffs firm after 12 years at the U.S. Department of Justice’s Antitrust Division, where he worked on both civil and criminal matters.

  • September 09, 2019

    13 States Urge 6th Circ. To Block Ohio Opioid Bellwether

    Thirteen states and the U.S. Chamber of Commerce on Friday backed a recent bid by the Ohio attorney general to block an upcoming bellwether trial in multidistrict litigation over the opioid crisis, telling the Sixth Circuit that the states are the chief guardians of their citizens’ welfare.

  • September 09, 2019

    VW Dealers' Emissions Losses Already Rectified, Bosch Says

    Bosch has moved to snuff claims from franchised Volkswagen dealers that allege the German auto parts maker is liable for lost profits and diminished inventories stemming from Volkswagen's "clean diesel" emissions cheating scandal, saying Volkswagen already offset the dealers' alleged losses.

Expert Analysis

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • When FCPA Violations Turn Into Private Securities Cases

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    In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • A Closer Look At Calif. Privacy Law Bar On 2 Contract Clauses

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    It seems likely that practitioners will have a strong argument that the California Consumer Privacy Act’s prohibition on arbitration and class action waivers should be preempted by the Federal Arbitration Act, say Alexis Miller Buese and Rachel Goldberg of Sidley Austin.

  • The Supreme Court’s Stealth Revolution In Civil Procedure

    Excerpt from Lexis Practice Advisor
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    Over the last decade, U.S. Supreme Court decisions have created several procedural weapons, including personal jurisdiction, venue forum selection clauses, gatekeeping rules for pleadings, arbitration protections for businesses, and limits on class actions, says Jim Wagstaffe of Wagstaffe von Loewenfeldt.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • How Opioid 'Negotiating Class' Would Affect Civil Claims

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    The opioid multidistrict litigation plaintiffs' proposal for the first ever "negotiating class" highlights numerous issues with using civil litigation to create funding for a social crisis without regard to fundamental legal tenets, says Adam Fleischer of BatesCarey.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Courts Are More Rigorously Scrutinizing Class Settlements

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    Although the hurdles to certification of a settlement class are not as high as they were last year, the difficulties of demonstrating that a class action settlement is fair, reasonable and adequate arguably trend higher, say attorneys at Alston & Bird.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • The First Deference Ruling Of High Court Term

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    PDR Network v. Carlton & Harris is a Telephone Consumer Protection Act case, but the U.S. Supreme Court's decision last week drew some important battle lines over the broader question of agency deference, say Artin Betpera and David Carter of Womble Bond.

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