Class Action

  • August 03, 2020

    Utility Trade Group Inks $10M Deal To End 401(k) Fee Fight

    A trade association representing hundreds of energy providers has agreed to pay $10 million to resolve a year-old Employee Retirement Income Security Act case over allegedly exorbitant 401(k) fees.

  • July 31, 2020

    Nats Catcher Can't Block His 80-Game Drug Use Suspension

    Washington Nationals catcher Tres Barrera must continue to serve an 80-game performance-enhancing drug suspension while suing Major League Baseball alleging its drug tests are based on "junk science," a Texas federal court ruled. 

  • July 31, 2020

    Longtime U. Mich. Football Coach Knew Of Abuse, Suit Says

    Legendary college football coach Bo Schembechler knew about Dr. Robert Anderson's widespread sexual abuse of students at the University of Michigan and so did the school's former athletic director, according to a new lawsuit that adds more details to the firestorm of allegations facing the college.

  • July 31, 2020

    Workers' Rights Groups Back Lyft Drivers At 9th Circ.

    California drivers challenging Lyft's refusal to classify them as employees and provide paid sick leave have gotten support at the Ninth Circuit from worker advocacy groups, who told the court that the company was endangering its workers and the public during the pandemic.

  • July 31, 2020

    CRT Buyers Say Objectors Trying To Derail $521M Deal

    Indirect buyers of cathode ray tubes and the electronics makers who reached roughly $521 million in price-fixing settlements told a California federal judge that two group of objectors are trying to derail the deal to put leverage on the manufacturers.

  • July 31, 2020

    Grindr Seeks To Push Data Privacy Suit Into Arbitration

    Online dating app Grindr has urged a New York federal court to push into arbitration a proposed class action claiming it illegally shared users' personal data with advertisers, claiming users agreed to arbitrate such claims in the app's terms and conditions.

  • July 31, 2020

    FisherBroyles Snags Privacy Litigation Partner From Dorsey

    FisherBroyles LLP has picked up a commercial litigator from Dorsey & Whitney LLP with deep experience steering clients through class action disputes that center on privacy and consumer protection laws that can expose companies to hefty statutory damages, including the hotly contested Telephone Consumer Protection Act.

  • July 31, 2020

    11th Circ. Revives Apartment Rental Agency's Coverage Suit

    The Eleventh Circuit has said that a lower court erred in its ruling that AEGIS Electric & Gas International Services Ltd. has no duty to defend its policyholder, ECI Management LLC, against a class action accusing the apartment management company of wrongfully withholding tenants' security deposits.

  • July 31, 2020

    J&J Fights ERISA Suit Over Asbestos In Talcum Powder

    Johnson & Johnson has urged a New Jersey federal judge to toss a fresh version of a proposed class action accusing it of violating the Employee Retirement Income Security Act by steering workers' retirement savings into its own stock despite knowing the company's talcum powder products contained asbestos.

  • July 31, 2020

    Sutter Health Indirect Purchasers Win Cert. In $489M Suit

    A California federal judge has certified a damages class of health insurance plan purchasers seeking $489 million from Sutter Health on claims they overpaid because the hospital chain violated antitrust laws, saying the plaintiffs have shown damages can be calculated on a classwide basis.

  • July 31, 2020

    Cloud With Me Investors Win Cert. In ICO Fraud Suit

    A Pennsylvania federal judge on Thursday certified a class of investors in Irish cryptocurrency startup Cloud With Me Ltd. in a suit accusing the company of conducting a fraudulent $10 million initial coin offering.

  • July 31, 2020

    Passengers Slam Mexican Airline's Bid To Toss Refund Suit

    Mexican airline Volaris shouldn't be allowed to toss a lawsuit from ticket buyers over its cancellation of several U.S. flights to Mexico amid the coronavirus pandemic, the customers argue, because the airline steered passengers to take short-term credit toward future flights instead of offering the required refunds.

  • July 31, 2020

    Zayo Stockholders Sue CEO In Chancery Over $14.3B Sale

    Two Teamsters union funds and a Zayo Group investor opened a proposed class suit against co-founder Dan Caruso in Delaware's Chancery Court late Thursday, accusing the executive of playing a conflicted role in the company's $14.3 billion take-private merger last year.

  • July 31, 2020

    Glancy Prongay Seeks $18.2M In Zimmer Biomet Settlement

    Attorneys at Glancy Prongay & Murray LLP representing investors in a $50 million settlement with medical device company Zimmer Biomet Holdings Inc. asked an Indiana federal judge on Thursday to approve its request of $18.2 million in attorney fees and expenses.

  • July 31, 2020

    Judge Scolds Atty For Viewing Docs From Unrelated VW Case

    A Virginia magistrate judge on Friday granted Volkswagen a protective order that bars consumers in a proposed class action against the company from accessing databases used in unrelated multidistrict litigation. 

  • July 31, 2020

    6 Key Moments From The COVID-19 Insurance MDL Hearing

    The Judicial Panel on Multidistrict Litigation's hearing on whether to centralize hundreds of COVID-19 insurance cases produced many memorable remarks, including one attorney saying "five simple words" are at the heart of the policies and a panel member questioning whether a lack of consolidation may cause a "nightmare" for courts. Here, Law360 recaps six key moments from Thursday's arguments.

  • July 31, 2020

    Auto Insurers' COVID-19 Relief Falls Short, Drivers Claim

    Groups of drivers are suing several auto insurance companies, including Progressive Universal Insurance Co., Geico Casualty Co. and Allstate Fire and Casualty Insurance Co., in Illinois state court, saying the companies have fallen far short of offering adequate relief to policyholders who have overpaid their premiums after COVID-19 emptied the state's roads.

  • July 31, 2020

    OSF HealthCare, Workers Reach Deal In Church Plan Suit

    OSF HealthCare System and a proposed class of workers have reached a settlement in a suit accusing OSF of wrongly using ERISA's church exemption to underfund its pension plans, about a year after the Seventh Circuit gave the case new life.

  • July 30, 2020

    WWE Tries To Pin Shareholders' Stock-Drop Suit

    World Wrestling Entertainment Inc. again pressed a New York federal judge Thursday during oral arguments to toss a proposed stockholder class action alleging the WWE inflated its stock price by hiding that its business relationship with Saudi Arabia was falling apart.

  • July 30, 2020

    Small Businesses Press For Chase Virus Relief Loans MDL

    Small businesses that have sought coronavirus relief loans through the Paycheck Protection Program urged a federal judicial panel on Thursday to consolidate their lawsuits accusing JPMorgan Chase Bank NA of mishandling their applications, cases the bank countered are dwindling in number and too distinct to combine.

  • July 30, 2020

    Ancestry.com Hit With $250M Auto-Renew Suit In Calif.

    Ancestry.com violated California law by automatically renewing memberships without consumers' clear permission, according to a proposed class action removed to California federal court Wednesday on the grounds it seeks over $250 million in restitution.

  • July 30, 2020

    Leadership Fight Emerges In Boeing 737 Investor Suits

    Law firms including Prickett Jones & Elliott PA, Friedlander & Gorris PA and Heyman Enerio Gattuso & Hirzel LLP tussled for lead counsel status Thursday in Delaware Chancery Court litigation accusing Boeing's officers of inadequate safety oversight of 737 Max 8 jets, which remain grounded after two fatal crashes.

  • July 30, 2020

    Legal Services Co. Faces Calif. Privacy Suit Over Cyberattack

    Legal services provider Epiq Systems Inc. is facing a proposed class action in California federal court alleging it didn't do enough under the Golden State's landmark privacy law to protect consumers' data when the company was hit with malware and ransomware attacks.

  • July 30, 2020

    Arizona Universities Beat COVID-19 Class Refund Claims

    An Arizona federal judge on Wednesday tossed a putative class action filed by parents looking to get refunds after three public universities shut down their campuses and went online amid the coronavirus pandemic, saying they failed to notify the schools before filing their lawsuit as required by state law.

  • July 30, 2020

    Feds Fight Migrants' Class Cert. Bid In Asylum 'Turnback' Suit

    A California federal judge appeared likely to allow migrants who claim they were denied access to the asylum system to proceed as a class, telling the objecting government lawyer at a Thursday hearing that his concerns would ultimately be resolved at trial.

Expert Analysis

  • Opinion

    MDL Decisions Demonstrate The Need For Rule 702 Reform

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    An analysis of 27 recent cases shows that multidistrict litigation courts frequently fail to screen out unreliable expert opinion testimony — making it imperative that the Advisory Committee on Evidence Rules enact amendments to address this problem, say attorneys at Phillips Lytle and King & Spalding.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Retailers Should Look Out For Refund Claims After COVID-19

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    As stores begin to reopen, retailers that face breach of contract or warranty claims concerning product returns and rewards programs can utilize recent favorable case law in their defense, say David Carpenter and Daniella Main at Alston & Bird.

  • Justices' Cert Snub Perpetuates Commodities Act Uncertainty

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    The U.S. Supreme Court's decision Monday not to review Atlantic Trading v. BP means that we will have to wait for another matter to address the Second Circuit's interpretation of tests designed to determine when a Commodity Exchange Act trade occurred domestically, says Katherine Cooper at Murphy & McGonigle.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • March Trading Halts May Complicate Securities Class Actions

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    Trading restrictions used to mitigate COVID-19 market volatility in March may have had the unintended consequence of hampering price discovery, which could in turn impede market efficiency analysis in securities class actions, say consultants at Cornerstone Research.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • Expect A Flood Of COVID-19 Insurance Class Actions In Fla.

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    Florida is likely to attract a disproportionately high share of insurance class actions stemming from COVID-19 due to the state's population density and favorable case law toward policyholders when contract terms are ambiguous, says Alec Schultz at Leon Cosgrove.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • 7th Circ. BIPA Ruling May Alter Section 15(a) Cases In Illinois

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    Illinois courts may rely on the Seventh Circuit's recent procedural ruling in Bryant v. Compass Group to apply a two-year statute of limitations to claims under Section 15(a) of the Illinois Biometric Information Privacy Act, and hold that actions under this section are not insurable, says Al Fowerbaugh at Porter Wright.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Defending Against COVID-19 Tuition Refund Class Actions

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    Students dissatisfied with the transition to remote learning have begun suing schools for tuition refunds, but many of these complaints share potentially dispositive weaknesses, say attorneys at Baker McKenzie

  • Why Fla. Courts Are Split On Unfairness Under Consumer Law

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    Aaron Weiss at Carlton Fields explains the history behind Florida courts’ divide over how to construe the unfairness test under the state’s Deceptive and Unfair Trade Practices Act, and what it means for lawyers, clients and judges navigating the consumer protection litigation landscape.

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