Class Action

  • November 06, 2019

    Ill. Casino Sued Over Biometric Facial Recognition Software

    A proposed class of consumers has slapped an Illinois casino with a federal lawsuit under the state’s Biometric Information Privacy Act, claiming the business illegally uses facial recognition software to capture data on thousands of customers without their permission.

  • November 06, 2019

    Insurer Can't Blame Drug Cos. For Its Inaction, 7th Circ. Told

    A Seventh Circuit judge on Wednesday pushed Medical Mutual of Ohio to address why it waited until July 2016 to take steps to limit which testosterone replacement drugs the insurer would cover, two years after the U.S. Food and Drug Administration flagged potential cardiovascular risks associated with the drugs.

  • November 06, 2019

    Hausfeld Ponders Rival Forex Rigging Class Action In UK

    Hausfeld LLP is considering whether to file a competing collective action suit in London accusing several banks of rigging the global foreign exchange market, setting up a potential tussle with Scott & Scott, the rival firm helming the existing British claim.

  • November 05, 2019

    Ford Faces First Federal Jury Over Fiesta, Focus Fracas

    A California jury heard openings Monday in the first of nearly 1,000 consolidated federal cases to go to trial over alleged defects in Focus and Fiesta transmission systems, with the owner saying Ford should have bought the car back after numerous clutch replacements while Ford asserted the car is safe.

  • November 05, 2019

    Supreme Court Cheat Sheet: IBM Workers' Stock-Drop Suit

    The U.S. Supreme Court will hear arguments Wednesday on whether the Second Circuit was right to revive IBM workers' claims that they were kept in the dark about the overvaluation of IBM stock in their retirement plan, setting the stage for an opinion that could slam the door on ERISA stock-drop class actions.

  • November 05, 2019

    Ripple Can't Duck Securities Claims, Crypto Investors Say

    Ripple Labs must face claims that it engaged in an unregistered securities offering of the cryptocurrency XRP and cannot invoke the Securities Act's statute of repose to “immunize new offerings of unregistered securities,” a proposed class of investors told a California federal court.

  • November 05, 2019

    Opioid MDL Judge Draws Fresh Fire From Pharmacies

    The Ohio federal judge overseeing multidistrict opioid litigation appears to have decided key issues about the MDL's future without first accepting input from pharmacy defendants, according to their strongly worded court filing late Tuesday.

  • November 05, 2019

    Silicon Valley Dems Unveil Bill Creating US Privacy Agency

    Two Silicon Valley Democrats on Tuesday proposed creating a European Union-inspired agency to regulate the collection of U.S. consumers' personal data, as the debate over a national comprehensive privacy law drags on in Congress.

  • November 05, 2019

    Conagra Can't Escape Stock-Drop Suit, Shareholders Say

    Conagra shareholders have told an Illinois federal court that the company can't end a stock-drop suit over its $10.9 billion acquisition of Pinnacle Foods Inc., because internal records show the food giant knew Pinnacle was suffering from "lackluster innovation" that hurt sales before acquiring it.

  • November 05, 2019

    Chipotle Customers Want $1.2M Atty Fees In Data Breach Suit

    Customers in a class action suit over a 2017 Chipotle data breach that exposed their names and payment card numbers to hackers asked a Colorado federal judge for $1.2 million in attorney fees, saying a mediator proposed that figure as the parties were settling.

  • November 05, 2019

    Feds Say Proposed ICE Detainer Block Is Too Broad

    The federal government has told a California federal court that a request from a class of immigrants seeking to stop immigration authorities from using state law enforcement officials to arrest suspected unauthorized immigrants is too broad and overreaching.

  • November 05, 2019

    Monteverde To Lead Shutterfly Investors' Suit Over $2.7B Deal

    Monteverde & Associates PC will serve as lead counsel in Shutterfly Inc. shareholders’ putative class action alleging the company withheld information regarding the online photo service’s proposed $2.7 billion acquisition by private equity giant Apollo Global, a Delaware federal judge said Tuesday.

  • November 05, 2019

    Sleepy's Tries To Put Customer Refund Class Action To Bed

    The former Sleepy's LLC and its successor company urged a New Jersey federal court to toss a proposed class action alleging it unlawfully denied a refund to a customer and limited its own liability, arguing Tuesday the customer’s dissatisfaction with his merchandise doesn’t mean he was actually harmed.

  • November 05, 2019

    CBD Co. Faces ADA Class Suit Over Website Use By The Blind

    A legally blind man in New York has lodged a proposed web accessibility class action against online CBD supplement retailer Medterra, alleging the company’s website comes up short on accommodations for the visually impaired.

  • November 05, 2019

    Disney's $2M Deal Over OT, Incentive Pay Gets Green Light

    A California federal court gave an initial green light Monday to a $2 million settlement between the company that operates Disneyland and workers who claimed they were shorted on overtime and incentive pay, though the judge expressed reservations about the attorney fees requested.

  • November 05, 2019

    Mercedes Drivers' Claims Trimmed In Peeling Paint Suit

    A Georgia federal judge has trimmed a proposed class action alleging Mercedes vehicles had defective “Mars Red” paint that would blister, bubble and peel off, saying some of the drivers’ warranty claims didn’t hold up but most of their state-based unfair trade practices claims could advance.

  • November 05, 2019

    Bank Of America To Settle Countrywide Appraisal Suit

    Bank of America Corp. has a tentative agreement to settle consolidated class action litigation from home mortgagors accusing it, Countrywide Financial Corp. and others of engaging in a fraudulent real estate appraisal scheme in the 2000s, a California federal court was told.

  • November 05, 2019

    Supplement Maker Hid Illegal Stimulant, Consumers Say

    Hi-Tech Pharmaceuticals Inc. was hit with a proposed class action on Monday in California federal court alleging that the company adds an illegal stimulant to its dietary supplements without telling customers.

  • November 05, 2019

    Ill. Sheriff Says 'Ambient Harassment' Can't Unite Class

    An Illinois district court wrongly certified a "far too diverse" class of 2,000 female employees in a hostile work environment case based on an academic theory of "ambient harassment," the Cook County Sheriff's Office has told the Seventh Circuit.

  • November 05, 2019

    Litigation Funder Loses Bid To Rein In Concussion Deal Judge

    The Third Circuit has rebuffed Thrivest’s Hail Mary request that the court step in and force the federal judge overseeing the NFL concussion settlement to stop interfering with the litigation funder's ability to collect on high-interest loans it made to players.

  • November 05, 2019

    UK Software Co. Fights Stock-Drop Suit Over $8.8B HP Deal

    Micro Focus International PLC fired back Monday in New York federal court against claims that it concealed issues related to an $8.8 billion deal to acquire Hewlett Packard Enterprise Co.’s noncore software assets, leading to stock drops.

  • November 05, 2019

    Gov't Often Has 'Nothing' To Hold Immigrants, Judge Says

    Shifting the burden from undocumented immigrants to the government when it comes to assessing whether a jailed immigrant should be released has resulted in people being let go because the government has "nothing" on which to hold them, a Boston federal judge said Tuesday during a hearing.

  • November 05, 2019

    Walgreens Calls $300M Suit 'Monday-Morning Quarterbacking'

    Walgreens wants to ax a proposed class action accusing it of costing employees nearly $300 million in retirement savings by not removing underperforming funds from its retirement plan, arguing the suit is merely an example of "Monday-morning quarterbacking."

  • November 05, 2019

    Archer Daniels Wants Market Manipulation Suit Thrown Out

    Agricultural processor Archer Daniels Midland Co. has asked an Illinois federal court to end allegations that the short bets it made on ethanol during a supply glut of the biofuel constituted market manipulation, arguing that its strategy was in line with open-market competition.

  • November 05, 2019

    LendingClub Gets Investors' Hidden-Fee Suit Tossed

    LendingClub and its executives slipped out of a proposed shareholder class action over allegedly fraudulent advertising to borrowers after a California federal judge found Monday that the investors failed to prove the misstatements at issue were knowingly false at the time they were made.

Expert Analysis

  • Yale Case Reminds Employers Of Key Wellness Program Risk

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    As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.

  • 9th Circ. Ruling Highlights Evolution Of Calif. Arbitration Law

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    Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • 11th Circ. Ruling May Mark Turning Point For TCPA Litigation

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    The Eleventh Circuit’s recent opinion in Salcedo v. Hanna, that a single text message doesn't constitute standing to sue under the Telephone Consumer Protection Act, not only splits from at least one other circuit court, but it provides consumer-facing businesses a game-changing precedent to combat TCPA cases, say attorneys at Buchanan Ingersoll.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Mutual Funds Should Stay Out Of Shareholder Litigation

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    A forthcoming article in the University of Chicago Law Review argues that mutual funds should participate more aggressively in shareholder litigation to enhance fund returns, but ignores several practical realities, including that the opportunity costs of pursuing litigation are not always in the best interest of fund shareholders, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • How Railroads Dodged A Bullet In Fuel Surcharge Case

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    The D.C. Circuit recently affirmed the denial of class certification in a case against the four largest U.S. railroads for conspiring to set fuel surcharges, diminishing shippers' time to bring individual antitrust claims, says Sandra Brown of Thompson Hine.

  • Federal Food Label Class Actions Face Growing Headwinds

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    Recent decisions in putative food labeling class actions show an unwillingness by federal courts to accept that consumers can be misled by label claims, when ingredients lists clearly tell consumers what is in products, say Mark Goodman and Anne Kelts of Baker McKenzie.

  • Key Questions The Oklahoma Opioid Verdict Didn't Answer

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    Oklahoma Judge Thad Balkman's landmark verdict against Johnson & Johnson for its role in promoting opioids did not address certain key issues raised by the defendants, including federal preemption, and blurred the distinction between a damage award and an abatement order, says Richard Ausness of the University of Kentucky College of Law.

  • Opinion

    Minor Leaguers' Class Cert. Win Won't Help Baseball Pay

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    A class of approximately 6,000 Minor League Baseball players was recently certified by the Ninth Circuit in a minimum wage case, which is a major victory for the players, but a glimmer in the otherwise dismal labor history and future of Minor League Baseball, says Ronald Katz at GCA Law.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

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