Class Action

  • July 21, 2020

    Pivotal Software Escapes Investors' Stock-Drop Suit

    A California federal judge on Tuesday tossed a proposed class action against cloud platform company Pivotal Software Inc. that had alleged its stock price dropped after the company made deceptive statements about its products and finances.

  • July 21, 2020

    Detainees Blast ICE Bid To Upend Pandemic Response Order

    Detainees at three Florida facilities have slammed U.S. Immigration and Customs Enforcement's bid to escape an order requiring it to improve conditions and limit transfers due to the COVID-19 pandemic, saying the Florida federal court's ruling was justified and more recent events only reinforce that conclusion.

  • July 21, 2020

    3rd Circ. Denies Rehearing To Egg Buyers In Antitrust Fight

    The Third Circuit said Monday that it would not take a second look at egg buyers' efforts to overturn a jury's finding that a major producer had not broken the law by participating in a conspiracy to reduce the supply of eggs.

  • July 21, 2020

    Health Cos. To Pay $18M To End Stock-Drop Suit Over Spinoff

    A certified class of shareholders asked a Tennessee federal judge Tuesday for preliminary approval of an $18 million settlement to end their stock-drop suit accusing hospital provider Community Health Systems Inc. and its spinoff Quorum Health Corp. of withholding financial expectations from investors.

  • July 21, 2020

    Yahoo Data Breach MDL Attys Get $23M In Cut Fee Award

    A California federal judge approved a $117.5 million deal Tuesday to resolve multidistrict litigation involving 194 million class members over Yahoo's multiple data breaches and awarded class counsel $23 million in fees, declining to award the full $30 million they requested.

  • July 21, 2020

    Lockheed Workers' Discovery Bid Blocked In Race Bias Suit

    A D.C. federal judge on Tuesday blocked workers' bid to begin gathering evidence in a suit accusing Lockheed Martin Corp. of using a biased performance review system, holding that the workers haven't demonstrated that discovery is likely to produce information to bolster their case for classwide relief.

  • July 21, 2020

    Celebrity Cruises Workers Drop COVID-19 Exposure Suit

    Workers for Celebrity Cruises Inc. told a Florida federal judge Tuesday that they are dropping their proposed class action alleging the cruise line failed to protect thousands of crew members on its ships during the COVID-19 pandemic.

  • July 21, 2020

    Ill. Resident Wants Clearview Data Scrape Suits Tied Together

    An Illinois resident suing facial recognition technology company Clearview AI over alleged violations of the state's landmark biometric privacy law wants to consolidate his case with three others making similar claims before an Illinois federal court, according to a recent motion.

  • July 21, 2020

    DC Judge Mulls How To Ensure ICE Stops Detaining Teens

    A D.C. federal judge appears to be planning to put U.S. Immigration and Customs Enforcement under surveillance to ensure it follows the law, after finding the agency failed to secure less restrictive housing options for migrant teens who became adults while in government custody.

  • July 21, 2020

    Broadridge Unit Stole Millions From ERISA Plans, Suit Says

    A subsidiary of financial technology company Broadridge Financial Solutions has been hit with a putative class action in Texas federal court alleging it siphoned hundreds of millions of dollars away from retirement accounts it managed.

  • July 21, 2020

    Namenda Buyers Want Cert. In Pay-For-Delay Fight

    Drug buyers who claim that a slew of pharmaceutical companies conspired to keep a generic version of the brand name Alzheimer's drug Namenda off the market are asking a New York federal court to sign off on their class action.

  • July 21, 2020

    3rd Circ. Won't Punt NFL Concussion Deal Appeal To Pa.

    The Third Circuit said Monday that, for now, it will retain jurisdiction of an appeal by an NFL player who was denied his $1.5 million claim in the league's historic concussion settlement and had asserted that the matter should go back to the Pennsylvania federal judge who upheld the denial.

  • July 21, 2020

    Honda Buyers Sued Too Soon In AC Defect Case, Judge Says

    A California federal judge tossed a suit over an alleged defect in the air conditioning systems of recent model-year Honda Civics, saying the car buyers brought their proposed class action before seeing whether they could sort out the issue directly with Honda.

  • July 21, 2020

    Virgin Asks 9th Circ. To Ax $6M Atty Fee In Wage Spat

    Alaska Airlines and Virgin America asked the Ninth Circuit Monday to vacate nearly $6 million in fees awarded to attorneys for a certified class of flight attendants who won $77 million in a long-running dispute over pay and rest breaks.

  • July 21, 2020

    Signet's $240M Investor Settlement Gets Final OK

    After a brief fairness hearing on Tuesday, a New York federal judge granted final approval for a $240 million investor settlement over allegations that Signet Jewelers Ltd. made false assurances about maintaining a harassment-free workplace.

  • July 21, 2020

    Investors Urge 9th Circ. To Revive Google Data Leak Suit

    A proposed class of investors in Google's parent company Alphabet Inc. urged the Ninth Circuit on Monday to find a lower court too narrowly assessed their claims that Google hid information about a bug that exposed user data.

  • July 21, 2020

    Kellogg Buyers Seek OK Of Renewed $20M False-Ad Deal

    A group of Kellogg customers urged a California federal judge Monday to bless a renewed $20 million class settlement resolving claims the company falsely labeled sugar-loaded cereals as "healthy," after the judge found the last attempt to have troubling provisions and outright legal errors.

  • July 21, 2020

    Hinshaw Swings Into New Orleans With Ex-McGlinchey Team

    With an uptick in regulatory and bankruptcy work caused by the coronavirus pandemic, Hinshaw & Culbertson LLP says that it's opening a new office in New Orleans led by five partners the firm scooped up, yet again, from McGlinchey Stafford PLLC.

  • July 21, 2020

    Jones Day Women Say Top-Down Pay Policy Backs Collective

    The former Jones Day lawyers suing the legal powerhouse alleging that it underpaid female associates said the firm's top-down, centralized system for deciding junior attorney salaries backs up their push to make their suit a collective action.

  • July 21, 2020

    GPB Says Investor Claims Must Be Brought In NY State Court

    GPB Capital told a Texas federal judge on Monday that it should not have to face a proposed shareholder class action in the Lone Star State because when GPB Capital fund investors purchased their shares, they agreed to only bring claims in New York state court.

  • July 21, 2020

    Cherokee Members Cite McGirt In Class Suit Over Court Fees

    A proposed class of Cherokee tribe members is seeking reimbursement for court fines and fees, saying the recent U.S. Supreme Court decision in McGirt v. Oklahoma clarifies that the state and its counties and towns lacked jurisdiction to prosecute them.

  • July 21, 2020

    Raydon, Ex-Worker Reach Deal In Suit Over $60.5M ESOP Buy

    Raydon Corp. and Lubbock National Bank have agreed to settle an ERISA class action claiming the defense contractor's current and former workers were ripped off when their employee stock ownership plan purchased $60.5 million in company stock.

  • July 21, 2020

    FedEx Worker Loses Military Leave Pay Suit

    A Pennsylvania federal judge has axed a FedEx worker's proposed class action claiming he was stiffed on pay while serving in the U.S. Naval Reserve, saying that leave doesn't need to be paid under a federal law banning workplace discrimination against military members.

  • July 21, 2020

    Elanco Investor Taps Glancy Prongay To Lead Class Dispute

    An investor suing animal supply company Elanco Animal Health Inc. for allegedly hiding anticipated revenue drops due to inventory backlogs asked an Indiana federal judge Monday to name Glancy Prongay & Murray LLP lead counsel for the proposed class.

  • July 21, 2020

    Kraft Heinz Can't Get Clear Of Crystal Light False Ad Suit

    A California federal judge won't let Kraft Heinz Co. out of a proposed class action alleging it falsely labels its Crystal Light drinks as free of artificial flavors, saying the proposed class has adequately pled that the malic acid in the drinks is both artificial and used as a flavor.

Expert Analysis

  • Employee Virus Testing Could Spark Class Action Claims

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    While employee COVID-19 testing may enhance safety and reassure a nervous workforce, its potential to generate Americans with Disabilities Act, wage and hour, discrimination, and privacy class actions should not be ignored, say attorneys at Epstein Becker.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • College Refund Suits Raise Complex Tuition Questions

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    The flurry of putative class actions against universities contending that students no longer receive the benefit of their bargain with remote learning during the pandemic will require courts to undertake individualized and burdensome inquiries to determine what exactly tuition pays for, say attorneys at Bryan Cave.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Va. Pro-Worker Laws Create New Litigation Risks For Cos.

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    Virginia employers will likely face an increase in bias and retaliation claims, as well as collective wage and hour litigation, under new laws that create protections for LGBTQ employees, additional remedies for recovering unpaid wages, and independent contractor and whistleblower regulations, says Jack Blum at Polsinelli.

  • Anticipating The Top 4 COVID-19 Employment Claims

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    Several trends taking shape among early claims against employers related to COVID-19 provide guidance for handling Families First Coronavirus Response Act paid leave, Americans with Disabilities Act and Family and Medical Leave Act obligations, and discrimination and wage and hour issues, says Lariza Hebert at Fisher Phillips.

  • Broker Liability For Insureds' COVID-19 Losses Likely Limited

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    Policyholders may attempt to hold insurance brokers liable for unsuccessful COVID-19 business interruption claims — and at least one such suit has already been filed — but brokers should be fairly safe as long as they followed certain best practices in advising clients, say Glenn Jacobson and Thomas Maeglin of Abrams Gorelick.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Coffee Chain Fraud Spotlights Governance Issues Amid Crisis

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    The recent Luckin Coffee accounting fraud underscores the need for robust series processes and controls to prevent and detect financial misconduct as corporate growth slides and employment falls, say professionals at K2 Intelligence.

  • #MeToo's Unexpected Implications For Shareholder Litigation

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    Attorneys at Debevoise discuss forms of shareholder litigation arising from the #MeToo movement, some early cases expressing skepticism of the claims, and recent actions that suggest renewed interest by plaintiffs and increased risk for companies.

  • Workplace Body Temperature Devices Raise Privacy Concerns

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    As employers begin using no-contact temperature taking devices to prevent the spread of COVID-19, they'll need to comply with state biometric data and breach notification laws, the California Consumer Privacy Act, and federal guidance, say attorneys at Husch Blackwell.

  • 6 Areas Where UK Class Actions May Increase

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    Class actions have been growing in prominence in the U.K. courts for a number of years, and the pandemic clearly has the potential to exacerbate that trend in certain areas in the coming weeks, months and years, say attorneys at Herbert Smith.

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