Class Action

  • September 06, 2019

    MIT Workers Won't Call Fidelity CEO As Witness In ERISA Suit

    Massachusetts Institute of Technology workers who say the school violated the Employee Retirement Income Security Act by mismanaging their retirement plan have told a Massachusetts federal judge they won’t call Fidelity’s CEO as a trial witness. 

  • September 06, 2019

    Lowe's Can't Skip Suit Over 401(k) Plan's $1B Investment

    Lowe’s will have to face the bulk of a suit alleging it ran afoul of the Employee Retirement Income Security Act by investing $1 billion of its 401(k) plan’s assets in a poorly performing fund.

  • September 05, 2019

    Lyft Is Hiding 'Sexual Predator Crisis,' Passengers Say

    Ride-hailing service Lyft Inc. allows known sexual predators to transport passengers and routinely hides sexual assault complaints from law enforcement and the general public, according to a lawsuit filed Wednesday by 14 women who say the company is in the midst of a "sexual predator crisis."

  • September 05, 2019

    4 Key Takeaways As Ohio AG Fires Torpedo At Opioid MDL

    Ohio's attorney general is making an eleventh-hour bid to block the first bellwether trial in multidistrict litigation pitting local governments against opioid makers and distributors, but to do so, he must first clear a high bar in showing the state government will be harmed by a trial it is not party to. Here, Law360 explores four key takeaways from the attorney general’s surprise gambit.

  • September 05, 2019

    Facebook Can't Pause Revival Of Spam Suit, 9th Circ. Told

    A man accusing Facebook of bombarding consumers with unwanted texts is urging the Ninth Circuit to refrain from pausing its revival of the dispute while the social media giant appeals the decision to the U.S. Supreme Court, arguing that there's no reason for the high court to review the case. 

  • September 05, 2019

    Beto O'Rourke Must Face Texting Suit Over '18 Campaign

    Former Democratic Rep. Beto O'Rourke's bid to have himself removed as an individual from a lawsuit accusing his 2018 Senate campaign of sending unwanted automated text messages was denied by a Texas federal court.

  • September 05, 2019

    Pa. Atty Can't Get $1.3M Fees From Ex-Partner On Brief Alone

    A Pittsburgh attorney can't force his ex-partner to pay him $1.3 million in fees based solely on a brief entered in state court, a Pennsylvania federal judge ruled Wednesday, though the attorney can use the brief as evidence to seek what he says he is owed.

  • September 05, 2019

    Nissan Denied 9th Circ. Redo In Clutch Defect Class Suit

    Nissan North America Inc. won't get the chance to challenge the Ninth Circuit's revival of a consumer's class certification in his action accusing the automaker of selling vehicles with faulty transmissions, a three-judge panel ruled Thursday.

  • September 05, 2019

    Insurer, Behavioral Health Co. Sued Over Live-In Treatment

    Blue Cross Blue Shield of Florida Inc. and New Directions Behavioral Health LLC were hit with a proposed class action Thursday claiming New Directions' overly restrictive guidelines for covering residential treatment violate the Employee Retirement Income Security Act. 

  • September 05, 2019

    Home Depot Accused Of Violating Ill. Biometric Privacy Law

    Home Depot unlawfully tracked shoppers' movements throughout its 76 Illinois stores using a facial recognition surveillance system, customers have claimed in a proposed class action filed in Georgia federal court.

  • September 05, 2019

    Pa. Judge Questions Standing For Health Fund In Opioid Case

    A Pennsylvania judge expressed skepticism during a hearing on Thursday over whether a health benefits fund had standing to bring claims against drugmakers and distributors in one of four test cases in a coordinated litigation program over costs borne from the opioid crisis.

  • September 05, 2019

    2nd Circ. Revives Objector's Fee Fight In $3B Petrobras Deal

    A man who saved a class of investors $46 million in legal fees stemming from their $3 billion settlement with Brazil's state-run oil giant Petrobras will get another opportunity to secure more than $11,732 for his efforts, the Second Circuit ruled Thursday.

  • September 05, 2019

    Trucking Co. Must Face Bulk Of Driver's Fingerprint Data Suit

    A truck driver can advance claims that a freight moving company violated his biometric privacy rights by collecting and disseminating his fingerprints without consent, but will first have to replead his claim that the company did so recklessly, an Illinois federal judge said Thursday.

  • September 05, 2019

    Judge Recommends Sacking Ex-NFL Player's ERISA Suit

    A federal magistrate judge Thursday recommended spiking a former National Football League safety's lawsuit against the NFL players' union, saying he found no credence to allegations that players weren’t properly informed about their retirement benefits.

  • September 05, 2019

    Firm Lacks Footing For Bankruptcy Software Antitrust Suit

    An Illinois law firm can’t sue a bankruptcy software provider for violating state antitrust laws by allegedly conspiring with its competitors to fix the price of their services because the firm doesn’t even purchase those services, the Seventh Circuit said on Thursday.

  • September 05, 2019

    Class Counsel Takes $3M Haircut As $110M Fiat Deal Gets OK

    A Manhattan federal judge on Thursday approved a $110 million settlement for Fiat Chrysler investors who sued when the automaker's alleged lies about emissions practices came to light, but he lopped about $3 million from a $32.2 million fee request made by lawyers who brought the class action.

  • September 05, 2019

    ICE Must Consider Asylum Seekers For Parole, Court Says

    Immigration officials in New Orleans must stop ignoring a government policy that allows detained asylum seekers to be paroled, a D.C. federal judge ruled Thursday, saying there was strong evidence that officials in the Louisiana city had been flouting the directive.

  • September 05, 2019

    Colgate Tries To Narrow ERISA Suit Over Lump-Sum Payouts

    Colgate-Palmolive Co. has asked a New York federal judge to pare down a class action by retirees who received lump-sum benefits payments they claim were too small, saying its retirement plan committee had wide latitude to decide how much the former workers were owed.

  • September 05, 2019

    Public Justice Clarifies Commerce Exemption In GrubHub Suit

    Legal advocates at Public Justice PC have weighed in on a bid by GrubHub Inc. delivery drivers to keep their proposed wage-and-hour class action in court, telling the Seventh Circuit that all workers engaged in interstate commerce are exempt from arbitration.

  • September 05, 2019

    Class Attys Nab $8.4M Cut Of $24M Anthem 401(k) Settlement

    Attorneys for a class of employees who obtained a $24 million settlement with an Anthem Inc. subsidiary over claims the company saddled its multibillion-dollar 401(k) plan with excessive fees and stuffed it with poor investment options can take home $8.4 million in fees and expenses, an Indiana federal judge has ruled.

  • September 05, 2019

    Most ERISA Claims In Suit Over MIT 401(k) Plan Head To Trial

    On the eve of trial, a Massachusetts federal judge refused to toss the bulk of an Employee Retirement Income Security Act class action accusing the Massachusetts Institute of Technology of costing its 401(k) plan millions of dollars, finding that the school and its workers offered "compelling and competing narratives" in the case.

  • September 05, 2019

    Trader Hits ADM With Ethanol Derivatives Manipulation Suit

    U.S. ethanol producer Archer Daniels Midland Co. manipulated a key ethanol benchmark price, costing traders hundreds of millions of dollars and shorting Swiss company AOT Holding at least $5 million, the trader said Wednesday in a proposed class action in Illinois federal court.

  • September 05, 2019

    Ex-Trump Staffer Slams Court While Dropping Kiss Suit

    An ex-campaign staffer has dropped her suit accusing President Donald Trump of kissing her without permission, saying Thursday she felt she had proved the alleged incident took place but faced an unreceptive court and had received personal threats that put stress on her family.

  • September 04, 2019

    Whether Opioid Crisis Is 'Public Nuisance' Up To Jury: Judge

    A jury will decide whether, under Ohio law, the opioid epidemic constitutes an "ongoing public nuisance," an Ohio federal judge ruled Wednesday in the multidistrict opioid litigation's lead bellwether cases, finding that underlying factual issues must first be determined at trial.

  • September 04, 2019

    Terror Watchlist Violates Right To Due Process, Va. Court Says

    The government's terror watchlist violates the due process rights of the people on it because they have no real way of challenging their status as "known or suspected terrorists," a Virginia federal judge ruled Wednesday in a suit alleging innocent individuals on the list are harassed whenever they travel.

Expert Analysis

  • Why Bellwethers Matter In The Opioid MDL

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    The prescription opioid multidistrict litigation pending before U.S. District Judge Dan Polster in Ohio demonstrates both how hard selecting bellwethers is, and why they must be selected so carefully, say Sarah Angelino and Stephen Copenhaver of Schiff Hardin.

  • Perspectives

    Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • Much-Needed 3rd Circ. Insights On TCPA Fax Issues

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    In two decisions issued in consolidated cases, the Third Circuit recently offered additional substantive guidance on what is and isn't an advertisement under the Telephone Consumer Protection Act, and provided businesses issuing customer surveys through faxes with a safe harbor from TCPA liability, say Samantha Southall and Patrick Doran at Buchanan Ingersoll.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Anticipating Potential Updates To Ill. Biometric Privacy Law

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    Bills introduced in the Illinois Legislature would amend the Biometric Information Privacy Act to remove the private right of action and expand its definition of “biometric identifier." Attorneys at Quarles & Brady discuss the amendments' potential implications and other BIPA issues that could soon be resolved.

  • The Aftermath Of High Court's Class Action Removal Opinion

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    In Home Depot v. Jackson, the U.S. Supreme Court held last week that a third party named as a defendant in a class action counterclaim cannot remove the case to federal court under the Class Action Fairness Act, which will likely lead to many more class actions filed as counterclaims in state court, say attorneys at Mayer Brown.

  • Calif. Employer Strategies For Retrospective Data Collection

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    The Ninth Circuit's recent decision in Vazquez v. Jan-Pro Franchising — allowing the California Supreme Court’s worker classification opinion in Dynamex to be applied retroactively — may result in employers seeking ways to collect retrospective workforce data. There are several techniques to accomplish this, says Elizabeth Arnold of Berkeley Research Group.

  • Class Action Insights From Justices' App Store Opinion

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    The U.S. Supreme Court's recent decision in Apple v. Pepper exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms, and offers an early glimpse into the antitrust approach of Justice Brett Kavanaugh, say Leiv Blad and Rachel Maimin at Lowenstein Sandler.

  • Perspectives

    NLRB Case Hinders Workers' Path To Justice

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    A little-noticed National Labor Relations Board filing has taken the U.S. Supreme Court's 2018 class action waiver decision and turned it into a justification for further limiting workers’ access to courts, says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • App Store Opinion Returns Antitrust Enforcement To Its Roots

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    In Apple v. Pepper, the U.S. Supreme Court recently reined in the decades-old "direct purchaser" rule for antitrust claims and reinforced the importance of private antitrust enforcement in the process. But the ruling did not go as far as it could have, says Lauren Weinstein at MoloLamken.

  • Latest Mastercard Ruling Is A Milestone For UK Class Actions

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    A London appeals court recently revived a £14 billion proposed class action against Mastercard for charging high credit card fees, which represents a fillip for consumers in the ultimate David vs. Goliath contest but is not a slingshot to success just yet, say attorneys at FaegreBD.

  • Tracking Developments In The Law Of Privilege

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    Three recent federal court cases offer insights on important attorney-client privilege issues: how the common interest doctrine protects disclosures to a third party, the right to compel work product based on “substantial need,” and the privilege questions raised by in-house counsel depositions, say attorneys at Paul Weiss.

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