Class Action

  • February 05, 2020

    Starbucks Customer Says Venti Sizes Have Grande Caffeine

    A disgruntled latte buyer hit Starbucks with a proposed class action in California federal court Tuesday, alleging that the coffee giant is tricking customers into buying larger espresso-based drinks despite them containing as much caffeine as a smaller size.

  • February 05, 2020

    5th Circ. Judge Asks If Texas Court Can Answer Car Fee Query

    A Fifth Circuit judge on Wednesday questioned why the court shouldn't just ask the Texas Supreme Court to answer whether, under state law, an insurer should have to pay its policyholders sales taxes or title transfer fees for totaled cars.

  • February 05, 2020

    Chase Bank Compliance Investigator Nabs Cert. In OT Row

    A Florida federal court granted preliminary collective certification Wednesday to a Chase fraud investigator spearheading claims that the bank wrongly withheld her and her colleagues' overtime pay, refusing Chase's request to limit the action to Tampa and instead making it nationwide.

  • February 05, 2020

    Algae Supplier Execs Must Face Investors' Trimmed Claims

    A California federal judge pared down claims Tuesday against former executives of a biotechnology company but gave investors a chance to revise their accusations that the company told lies about its edible algae products that caused a drop in its stock price.

  • February 05, 2020

    Class Action Group Of The Year: Hagens Berman

    Hagens Berman Sobol Shapiro LLP notched a major win for college athletes in their fight for fair compensation and secured over $1 billion in settlement funds for their clients, landing the group among Law360's 2019 Class Action Practice Groups of the Year.

  • February 05, 2020

    Morgan Lewis Picks Up Ex-Sidley Employment Group Leader

    Morgan Lewis has picked up two partners from Sidley Austin in Chicago, including a veteran attorney who led Sidley's labor and employment practice and has substantial expertise with internal investigations and #MeToo matters. 

  • February 05, 2020

    Axis Says It Owes Northrop Grumman Nothing For ERISA Suit

    Axis Reinsurance Co. urged the Third Circuit to undo a district court’s order that says it owes coverage to aerospace and defense giant Northrop Grumman for an ERISA class action that ended in a $12.4 million settlement, arguing Wednesday that it’s not liable for claims made outside the policy period.

  • February 05, 2020

    7th Circ. Affirms Toss Of Subway TCPA Suit Over Text Coupon

    The Seventh Circuit on Wednesday upheld the dismissal of a proposed class action alleging Subway violated the Telephone Consumer Protection Act by contracting with T-Mobile to send promotional text messages, saying the lawsuit failed to establish the sandwich chain had any control over the timing, content or recipients of the messages.

  • February 05, 2020

    Ex-Worker Fights To Keep Kruse-Western ESOP Suit In Court

    A former Kruse-Western Inc. worker has urged a California federal court not to kill his proposed class action claiming the milling company's employee stock ownership plan was overcharged by roughly $200 million in a 2015 deal, arguing a severance agreement he signed shouldn’t doom his suit.

  • February 05, 2020

    Conflict Suit With Madoff Victims Settled By Law Firms, Atty

    Two law firms and an attorney have tentatively settled claims that she represented victims of Bernie Madoff despite purportedly having a conflict of interest between clients who lost money and those who made money, according to a court order Tuesday.

  • February 05, 2020

    8th Circ. Ruling Creates More Targets For ERISA Suits

    A recent Eighth Circuit decision greenlighting a challenge to Principal Life Insurance Co.'s rate-setting practices took a broad view of ERISA fiduciary liability that could get more companies roped into federal benefits class actions, attorneys say.

  • February 04, 2020

    New Calif. Privacy Law Surfaces In Salesforce Data Suit

    California's new consumer privacy law made an appearance in a proposed class action filed in Oakland federal court that accuses children's clothing company Hanna Andersson and its online payment services provider Salesforce of failing to properly safeguard customers' sensitive data.

  • February 04, 2020

    'Fortnite' Gamer Hacking Suit Sent To Arbitration

    A North Carolina federal judge has sent to arbitration a class action lawsuit accusing Epic Games, maker of the popular "Fortnite" video game, of letting hackers steal players' payment card information, finding that players signed terms of service in which they agreed to arbitrate claims.

  • February 04, 2020

    Atty Slams 'Frivolous' Sanctions Bid Over TV Interview

    An Oxman Law Group PLLC attorney said a call to sanction her for giving a local television interview was "frivolous," telling a Pennsylvania federal court Monday that her statements calling InventHelp a "fraud" simply mirrored what her clients had already claimed in a proposed class action complaint.

  • February 04, 2020

    Yahoo Breach Class Attys Seek Final Deal Nod, $30M In Fees

    Class counsel who secured a $117.5 million deal to resolve sprawling litigation over multiple data breaches at Yahoo are asking U.S. District Judge Lucy Koh for her final stamp of approval and to award them $30 million in fees, according to new documents filed in California federal court.

  • February 04, 2020

    VW Asks 9th Circ. To Clarify Bondholder Fraud Standard

    Volkswagen has asked the Ninth Circuit to review a district court ruling preserving proposed class claims the automaker duped a pension fund into buying overpriced bonds by not mentioning the “clean diesel” emissions scandal in offering documents, saying it needs more guidance on a reliance standard.

  • February 04, 2020

    Marriott Vacations Looks To Settle Wage Suit For $1.2M

    A proposed class of employees have urged a California federal judge to approve a $1.2 million settlement with Marriott Vacations Worldwide Corp. to end allegations that the company failed to pay proper wages and violated other employment laws.

  • February 04, 2020

    Ovintiv Unit Reaches $31.5M Deal In Royalty Interest Case

    An Ovintiv Inc. entity agreed to a deal worth $31.5 million to settle claims with thousands of mineral owners and end a class action suit that alleged the oil and gas company failed to pay interest on late royalty payments, the class told an Oklahoma federal court.  

  • February 04, 2020

    Drivers Slap Porsche With Suit Over Alleged Cooling Defect

    Porsche Cars North America Inc. on Monday was hit with a proposed class action in Georgia federal court claiming that certain vehicles have a dangerous defect in the engine’s cooling system that causes them to suddenly overheat.

  • February 04, 2020

    9th Circ. Judge Asks If USCIS Work Permit Injunction Is Moot

    A Ninth Circuit judge appeared open Tuesday to lifting a nationwide injunction requiring U.S. Citizenship and Immigration Services to adjudicate asylum seekers' applications for employment authorization within 30 days, saying the agency appears to be complying with the rule and the injunction seems to be moot.

  • February 04, 2020

    Voya Financial Gets ERISA Case Narrowed

    A Delaware federal judge Tuesday tossed allegations that Voya Financial Inc. ran afoul of benefits law by charging a retirement plan excessive record-keeping fees, but refused to dismiss claims stemming from allegedly misleading disclosures sent to plan participants.

  • February 04, 2020

    Hospital Owners Win Bid To Sink ER 'Cover Charges' Suit

    A Florida federal judge on Monday dismissed proposed class claims against HCA Healthcare-affiliated hospitals over allegedly deceptive, undisclosed “cover charges” for emergency room patients after finding that two of the three lead plaintiffs don’t have standing to pursue the claims.

  • February 04, 2020

    Sysco Workers Get Class Cert. On Wage, Not Break Claims

    A California federal judge has allowed Sysco Corp. workers to proceed collectively in a suit claiming they weren't paid for work completed during off-the-clock breaks, but rejected the workers' attempt to proceed as a class on a claim the company's policy discourages them from taking breaks.

  • February 04, 2020

    Ex-Crypto Firm Must Pay Damages It Said Were 'Nonsensical'

    A defunct cryptocurrency company accused of holding a fraudulent initial coin offering remains on the hook for nearly $3 million after a Florida federal judge on Monday declined to reconsider the damages sum the company must pay.

  • February 04, 2020

    Google, YouTube Want Out Of LGBTQ Censorship Suit

    YouTube and parent company Google urged a California federal court Monday to throw out a suit brought by content creators accusing the video-sharing site of discriminating against LGBTQ content, slamming the claims as “implausible, inflammatory and wholly inaccurate.”

Expert Analysis

  • 2 Del. Decisions Call Out Conflicted Controlling Stockholders

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    In Tornetta v. Musk and the BGC Partners Derivative Litigation, the Delaware Chancery Court has reaffirmed that concerns over controlling stockholders may be valid even when the controller didn't intend to exercise coercive influence, independent directors negotiated a transaction, or stockholders approved the transaction, say attorneys at Fried Frank.

  • MDLs Are Redefining The US Legal Landscape

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    With last week’s settlement of a bellwether case in the national prescription opiate multidistrict litigation as one example, a shift toward more expeditious and individualized MDLs is taking place, with the potential to effect profound change in the U.S. legal space, say Alan Fuchsberg and Alex Dang of the Jacob Fuchsberg Law Firm.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Best Practices For US-Canada Virtual Mass Tort Teams

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    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.

  • Calif. ADA Ruling Applies Website Nexus Standard Broadly

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    While a California appellate court’s recent decision in Thurston v. Midvale leaves some Americans with Disabilities Act questions unanswered, it makes clear that commercial websites with a nexus to a physical location are subject to the law, says Jean-Paul Cart at Schiff Hardin.

  • $25M Award In Pay Stub Case Underscores PAGA Risks

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    A California superior court judge's recent $25 million award for wage statement violations in Gunther v. Alaska Air reminds employers of their potential exposure under the Private Attorneys General Act, and highlights the importance of compliant pay stub practices, says Katherine Catlos at Kaufman Dolowich.

  • Opinion

    States Are Wrong To Block Local Gov'ts From Opioid Suits

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    The Ohio attorney general's recent attempt to stop local governments from suing opioid manufacturers disregards the vital role cities and counties play in protecting their citizens, including by demanding accountability in court, says Fordham University School of Law professor Nestor Davidson.

  • Recent Antitrust Lessons For The Life Sciences Industry

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    Recent cases, such as the Suboxone litigation in Pennsylvania federal court, illustrate how life science companies' internal documents have led to significant antitrust consequences in the areas of life cycle management, mergers and acquisitions, pharmaceutical pricing and patent litigation settlements, say attorneys at White & Case.

  • Trading Models Underestimate Securities Class Damages

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    In securities class actions, the discrepancy between trading model estimates of damaged shares and the actual number of valid damaged share claims reveals a need to account for recent changes in trading patterns and the claims process, say Narinder Walia and Adam Werner at Crowninshield Financial Research.

  • Top Trends In Food And Beverage Class Actions

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    With food and beverage manufacturers more careful about labeling, and courts increasingly skeptical of lawyer-driven false advertising claims that struggle to meet reasonable consumer standards, plaintiffs are formulating new litigation strategies, say Lori Lustrin and Melissa Pallett-Vasquez of Bilzin Sumberg. 

  • Examine Diversity Jurisdiction By Drilling Into Citizenship

    Excerpt from Lexis Practice Advisor
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    Getting in or out of federal court on the basis of diversity jurisdiction frequently involves exploring important citizenship issues below the surface, or else a late-show jurisdiction defect could cause a case to be dismissed, says Jim Wagstaffe at Wagstaffe von Loewenfeldt.

  • Opinion

    Securities Class Period Selection Deserves Greater Scrutiny

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    Over-inclusive class periods in securities litigation only make scienter and loss causation harder to prove, and can also artificially inflate potential classwide damages by attempting to allege the fraud began sooner, says Nessim Mezrahi of SAR.

  • 9th Circ. Ruling Offers Refresher On CAFA Removal Principles

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    The Ninth Circuit’s recent Class Action Fairness Act decision in Arias v. Marriott is an important reaffirmation of the U.S. Supreme Court’s Dart Cherokee ruling, which held that class action removal to federal court should be reviewed under ordinary pleading standards, say Shareef Farag and Nicholas Poper at BakerHostetler.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • Calif. Wage And Hour Ruling Weakens Insurer Exclusions

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    A California appellate court's recent decision in Southern California Pizza v. Certain Underwriters at Lloyd's narrows the definition of a wage and hour claim, improving employers' chances of obtaining insurance coverage for broad-brush claims that include allegations of failure to reimburse employees for business-related expenses, say attorneys at Reed Smith.

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