Class Action

  • November 04, 2019

    Longfin Investors Push To Update Network 1 Allegations

    Investors in the failed cryptocurrency company Longfin Corp. have told a New York federal judge that they should be able to file an amended complaint accusing broker-dealer Network 1 Financial Securities Inc. of knowing about Longfin's alleged fraud.

  • November 04, 2019

    Raydon Must Face ERISA Suit Over Plan's $60.5M Share Buy

    Raydon Corp. must face a former employee's suit claiming top executives sold company stock to its retirement plan for the inflated price of $60.5 million, a Florida federal judge ruled Monday, saying the allegations are imperfect but clear enough to proceed.

  • November 04, 2019

    US Women’s Soccer Team Must Disclose Sponsorship Income

    Players on the U.S. Women’s National Team who are suing the U.S. Soccer Federation for paying them less than male players must reveal how much money they’ve made from sponsorship and marketing contracts inked by their union, A California federal judge has ruled.

  • November 04, 2019

    6th Circ. Calls On Pa. High Court In Amazon FLSA Suit

    The Sixth Circuit asked the Pennsylvania Supreme Court on Monday whether the U.S. Supreme Court's finding that federal law doesn't make employers pay workers for time spent in security screenings applies to Pennsylvania state wage claims against Amazon.

  • November 04, 2019

    VW Gets Part Of Pre-Scandal Car Sellers’ Suit Dismissed

    A California federal judge on Monday dismissed some of the claims Volkswagen is facing from drivers who sold their diesel vehicles before an emissions-cheating scandal broke, but left the rest of their suit intact.

  • November 04, 2019

    Del. Justices Won't Revive $283M NCI Go-Private Suit

    The Delaware Supreme Court on Friday upheld the Chancery Court's decision to toss an NCI Inc. investor suit claiming the tech company's founder and majority owner pushed through an underpriced and unfair $283 million go-private sale to benefit his own retirement interests.

  • November 04, 2019

    Dreamers Ask To Proceed As Class In Wells Fargo Bias Suit

    A group of Deferred Action for Childhood Arrivals recipients have asked a California federal court to let them move forward as a class with their claims that Wells Fargo’s lending policies discriminate against immigrants. 

  • November 04, 2019

    Comcast Data Collection Suit Heads To Arbitration

    A proposed class action accusing Comcast of "systematically" violating the legal rights of its subscribers by gathering viewing data and other private information without consent will head toward arbitration, a Massachusetts judge ruled Monday, citing the customer agreement between the parties.

  • November 04, 2019

    5 Firms Seek $1.5M Fees In GNC 'Phantom Markdown' Deal

    Five firms representing customers in a $6 million settlement with General Nutrition Centers over the company’s alleged “phantom markdowns” online have asked a Pittsburgh federal judge for $1.5 million in fees and costs.

  • November 04, 2019

    Interactive Brokers Files Counterclaim In Liquidation Suit

    Interactive Brokers LLC filed a counterclaim on Friday against an investor who alleges the firm used a faulty algorithm to liquidate securities he'd short-sold, saying the investor's own risky trading led to his six-figure losses.

  • November 04, 2019

    Tesla Calls For Proof Of Coercion In $2.6B SolarCity Suit

    Tesla Motors Inc. argued Monday that stockholders challenging the company’s $2.6 billion SolarCity acquisition in the Delaware Chancery Court should have to show proof that chairman, founder and CEO Elon Musk actually coerced minority investors to approve the alleged “bailout” in order to get their suit to trial.

  • November 04, 2019

    Care.com Wants Investors' Background Check Suit Tossed

    Home care worker referral website Care.com has asked a Massachusetts federal judge to end a shareholder stock-drop suit that claims the company misled users about its background check processes.

  • November 04, 2019

    TransUnion Can't Report Void Loans, 7th Circ. Hears

    A proposed class of borrowers told the Seventh Circuit on Monday that TransUnion must exclude “void and unenforceable” loans from its reporting, arguing a lower court wrongly found the agency is not obligated under the Fair Credit Reporting Act to determine the legal validity of the debts it reports.

  • November 01, 2019

    Strip Club Must Face Disputed Dancer's Wage Suit

    A Florida federal judge refused a strip club's bid to toss a purported former exotic dancer's wage-and-hour suit, despite the club's insistence that the woman wasn't an employee but rather a customer who got kicked out twice for disorderly conduct.

  • November 01, 2019

    Facebook Won't Get Quick 9th Circ. Review In Privacy MDL

    Facebook on Friday lost its bid to immediately appeal to the Ninth Circuit a September ruling that allowed users suing over the Cambridge Analytica data-harvesting scandal to move forward with most of their privacy claims.

  • November 01, 2019

    Railway Co. Must Face Suit Over Fingerprint Scanning Data

    BNSF Railway Co. can't use federal interstate commerce laws to escape a proposed class action alleging it breached Illinois' unique biometric privacy law by collecting truck drivers' fingerprints without notice or permission, an Illinois federal court has ruled.

  • November 01, 2019

    Madden No Help To Capital One Cardholders' Suit, Court Told

    A Capital One unit and other entities involved with the bank's credit card securitizations have asked a Brooklyn federal judge to throw out a proposed cardholder class action accusing them of charging excessive interest under New York law, saying the Second Circuit's Madden decision hurts rather than helps the case.

  • November 01, 2019

    Judge Alsup Says Wells Fargo Mortgage Case A 'Mess'

    A California federal judge said the deficient state of pleadings in a class action suit accusing Wells Fargo of denying aid to hundreds of eligible homeowners requires the resubmission of a request for certification, calling the current state of the case a "mess."

  • November 01, 2019

    SF Can't Shake Retirement Benefits Discrimination Suit

    San Francisco must face a proposed class action claiming it unlawfully paid reduced benefits to city workers retiring early due to a disability, a California state appeals court ruled, saying the former employee's suit was timely because each retirement check restarts the clock on her claims.

  • November 01, 2019

    Thrivest Wants Ex-NFLers Thrown In Jail Over Nonpayment

    Thrivest wants the U.S. Marshals to haul in and lock up two retired NFL players who allegedly owe the litigation funder millions from loans tied to the league's landmark concussion settlement, telling a Pennsylvania federal judge that a recent contempt finding and asset freeze have accomplished nothing.

  • November 01, 2019

    Emory Shielding Too Many Docs In ERISA Suit, Workers Say

    A class of Emory University workers accusing the school of squandering employees' retirement savings on excessive fees and poorly performing investments has urged a Georgia federal judge to remove more than 400 documents’ confidential designation, arguing the school didn’t demonstrate why the filings should be under wraps.

  • November 01, 2019

    AutoZone Says EEOC Can't Tie Firings To Disability Absences

    AutoZone told an Illinois federal court Friday that the U.S. Equal Employment Opportunity Commission has no evidence that any disabled employees of the auto parts retailer were fired for accumulating “points” for absences or tardiness linked to their disabilities, despite three years of discovery.

  • November 01, 2019

    Chancery Orders Release Of $3M To Seller Of Boeing Supplier

    The Delaware Chancery Court on Thursday ordered Accurus Aerospace Corp. to release $3 million previously held in escrow to the founder of a major Boeing Co. aerospace parts supplier it acquired in 2016.

  • November 01, 2019

    Seroquel XR Suits Belong In Delaware, AstraZeneca Says

    AstraZeneca has urged a New York federal judge to transfer consolidated proposed class actions accusing the company of paying off generic-drug makers to protect its brand antipsychotic drug Seroquel XR, arguing the cases belong in Delaware if they are not tossed outright.

  • November 01, 2019

    More Buyers Can Join Pricing Suit Vs. Door Makers

    New litigants from several states can join a proposed antitrust class action against two interior door makers even after claims under those states’ laws were tossed for lack of standing because doing so won’t unfairly slant the case, a Virginia federal judge ruled Thursday.

Expert Analysis

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Class Settlements And The Risks Of Viral Media Attention

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    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Calif. Justices Set Low Bar For Website Bias Claims

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    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

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    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

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    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • Pa. Justices Could Shift State's Consumer Litigation

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    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • FLSA Overtime Deal Highlights Worker Classification Priorities

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    A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

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    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • Durational Disconnect Between Cartel Pleas And Class Certs.

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    Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

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