Class Action

  • September 11, 2019

    Attys Say Farmers In Syngenta Row Waited Too Long To Sue

    Corn farmers waited too long to allege that Watts Guerra LLP and 15 other law firms engaged in fraud and other malpractice-related claims in underlying multidistrict litigation with Syngenta AG, the firms told a Kansas federal court Tuesday.

  • September 11, 2019

    No Class Cert. For Wish-Bone Salad Dressing False Ad Suit

    An Illinois federal judge on Wednesday denied certification to a proposed class of salad eaters alleging that the makers of Wish-Bone brand salad dressing deceived customers about the amount of extra virgin olive oil used in the products, saying the lead plaintiff hasn't established that anyone else shares his complaint.

  • September 11, 2019

    Opioid MDL 'Negotiation Class' Wins Approval

    In a possible turning point for a wave of opioid-crisis lawsuits, an Ohio federal judge on Wednesday approved a novel “negotiation class” that could encompass every U.S. city and county in hopes of striking global settlements with pharmaceutical companies.

  • September 11, 2019

    Japanese Banks OK'd To Announce $71M Libor Settlements

    A Manhattan federal judge on Wednesday preliminarily approved $71 million of settlements for eight Japanese banks accused of fixing global interest rates, greenlighting a notification process for some 100,000 potential claimants in the class action litigation.

  • September 11, 2019

    Purdue To Settle Thousands Of Opioid Suits, File Bankruptcy

    Purdue Pharma LP and its owners, the Sackler family, have reached a tentative deal to settle roughly 2,000 opioid suits brought by local governments, states and tribes, with the Sacklers agreeing to pay $3 billion from their own fortune, a source involved with the negotiations told Law360 on Wednesday.

  • September 11, 2019

    Insurers Must Face Lumber Liquidators' $36M Coverage Battle

    A group of excess insurers must face Lumber Liquidators' claims that they should help cover aspects of the flooring company's $36 million settlement over formaldehyde in its laminate flooring, a Wisconsin state judge said.

  • September 11, 2019

    Schwab ERISA Ruling Created Split In 9th Circ., Worker Says

    A former Charles Schwab worker accusing his ex-employer of keeping poorly performing funds in its retirement plan has urged the Ninth Circuit to reconsider booting his proposed class action to arbitration, arguing the decision didn't mesh with the court's earlier finding in a case against USC.  

  • September 11, 2019

    Rosen Law Firm To Lead Russian Telecom Bribery Suit

    A New York federal magistrate judge on Wednesday selected The Rosen Law Firm PA to lead a putative securities class action against a Russian telecommunications company accused of making $420 million in bribes to officials in Uzbekistan.

  • September 11, 2019

    Investors Say Suit Over Philip Morris E-Cig Sales Must Go On

    Investors in Philip Morris International have told a New York federal judge they've more than adequately pled claims in their proposed class action that the company lied about sales and regulation efforts for its flagship electronic cigarette.

  • September 11, 2019

    CorePower Settles Underpaid Yoga Instructor Suit For $1.5M

    Exercise studio chain CorePower Yoga will pay $1.49 million to end claims it didn't pay its Illinois interns and instructors for mandatory out-of-studio work, under a settlement that received final approval in federal court Wednesday.

  • September 11, 2019

    3rd Circ. Nixes Arbitration In NJ Uber Driver Wage Row

    The Third Circuit said Wednesday that transportation workers who transport passengers, not just goods, might be exempt from arbitration under certain circumstances, signaling that a New Jersey Uber driver could potentially pursue in court his claims that the ride-hailing giant misclassified drivers as independent contractors.

  • September 10, 2019

    Girardi Can't Transfer Settlement Fees Case To Retired Judge

    A California judge Tuesday denied law firm Girardi Keese's bid to throw out a lawsuit seeking an accounting of $120 million in settlements from an oil contamination case, saying it hadn't cited any authority for its request to order the matter decided in private by a retired judge.

  • September 10, 2019

    CVS To Pay $4.4M For Divulging HIV Status Of 6,000 Patients

    CVS Health Corp. has agreed to pay $4.35 million to resolve claims it divulged the protected health information of 6,000 Ohio residents by mailing letters in envelopes with windows that revealed names and references to HIV diagnoses, according to Tuesday federal court filings.

  • September 10, 2019

    Canadian Cannabis Biz Hit With Investor Suit Over $143M IPO

    A Sundial Growers stockholder has launched a proposed class action against the Canadian cannabis producer in New York state court, claiming the company misled investors ahead of its $143 million initial public offering by failing to disclose that a customer had returned more than half a ton of cannabis over quality issues.

  • September 10, 2019

    Software Co. Must Face Securities Suit Over AI Co. Sale

    ​A Chicago futures trading software company and the former executives of an artificial intelligence company it acquired must face a shareholder suit claiming executive mismanagement drove down its sale price, an Illinois federal judge ruled on Monday.

  • September 10, 2019

    DOJ Subpoenas Sanderson Farms In Chicken Price-Fix Probe

    Sanderson Farms, one of the major poultry producers facing a price-fixing conspiracy lawsuit, disclosed Monday that it had received a subpoena from the U.S. Department of Justice as part of the agency’s own investigation into the alleged conspiracy.

  • September 10, 2019

    Cheetah Mobile Officers Seek To Nix 'Click Injection' Suit

    Four current and former officers of phone and PC app developer Cheetah Mobile Inc. on Monday added to their company's request in New York federal court to end proposed class claims that they deceived investors when the company secretly earned revenue by gaming an app-advertising commission system.

  • September 10, 2019

    Spirit Flyers' Bag-Fee Suit Not Preempted, 2nd Circ. Says

    The Second Circuit on Tuesday revived a proposed class action alleging Spirit Airlines duped passengers with extra carry-on bag fees, saying federal law does not preempt the consumers' New York state law breach of contract claim.

  • September 10, 2019

    Chinese Tech Co. Beats Illegal Coin Offering Claims

    Chinese technology company Xunlei Ltd. escaped a proposed shareholder class action in New York federal court Tuesday, dodging allegations that its cryptocurrency rewards program operated like an initial coin offering and flouted Chinese law.

  • September 10, 2019

    Moms Retry Class Cert. In UnitedHealth Breastfeeding Suit

    A group of mothers accusing UnitedHealth Group of failing to cover breastfeeding services in violation of federal benefits and health care laws has renewed its plea to a California federal judge for class certification after tailoring the classes to address the judge’s previous concerns.

  • September 10, 2019

    Bondholder Can't Claim Fraud From Unseen Docs, VW Says

    A bondholder couldn't have been duped into buying allegedly overpriced Volkswagen bonds if it never saw — much less read — offering documents it claimed concealed the automaker's emissions-cheating scandal, Volkswagen told a California federal court Monday.

  • 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.

Expert Analysis

  • 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.

  • 5 Lessons From JPMorgan's Parental Leave Litigation

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    In light of JPMorgan Chase's recent $5 million settlement in a class action alleging sex discrimination in its parental leave policy, employers should proceed with caution when it comes to policies that differentiate between primary and nonprimary caregivers, says Alexandra Harwin of Sanford Heisler.

  • An Analytical Approach To Defending Securities Class Claims

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    A recent analysis indicates that 33 securities class action complaints filed in the last year contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Verifiable absence of indirect price impact can help directors and officers execute a successful defense to negate class treatment, says Nessim Mezrahi of SAR.

  • Threat Of Sales Tax Overcollection Suits Grows Post-Wayfair

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    Although the full effect of last year's South Dakota v. Wayfair U.S. Supreme Court decision is still uncertain, we expect that the trend of consumer sales tax class actions will grow as retailers struggle to keep up with the proliferation of states' Wayfair regulations, say attorneys at Ropes & Gray.

  • Offshore Rig Ruling Checks State Claims At Shore

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    The U.S. Supreme Court's broad ruling in Parker Drilling v. Newton that federal — not state — wage laws apply to offshore oil workers is an important win for companies with operations on the Outer Continental Shelf, say attorneys at Paul Hastings.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

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