Class Action

  • April 09, 2020

    Amazon Can't Arbitrate Kids' Alexa Privacy Battle

    A Seattle federal judge on Thursday shot down Amazon's bid to arbitrate suits brought by children alleging its Alexa voice-activated speakers violate state privacy laws, saying the children cannot be bound by the arbitration agreement in the conditions of use for a product their parents bought.

  • April 09, 2020

    Fla. Health Workers Say China Is Hoarding Protective Supplies

    A group of Florida medical professionals have accused China of hoarding personal protection equipment in the midst of the coronavirus pandemic and refusing to export the much-needed equipment to the U.S., according to a Florida federal lawsuit.

  • April 09, 2020

    Lieff Cabraser Fights Order To Repay $1M In State Street Deal

    Lieff Cabraser said Thursday that it plans to challenge a $1.1 million repayment ordered by a Massachusetts federal judge who said the firm had overbilled a class of investors in a $300 million settlement with State Street Corp. over its foreign exchange practices.

  • April 09, 2020

    Fla. Cos. Deny Role In $150M Health Insurance Fraud

    Health Insurance Innovations urged a Florida federal judge Thursday to toss a proposed class action from two consumers accusing it of participating in a $150 million fraud scheme, saying it merely provided third-party administrative services to a company they claim duped them into buying inadequate health insurance.

  • April 09, 2020

    Travelers Sue Mexican Airline Over Denied COVID-19 Refunds

    Mexican airline Volaris quietly canceled several of its U.S. flights to Mexico amid the coronavirus pandemic and has unlawfully refused to refund its travelers or let them rebook their flights without penalty, a proposed class action in Illinois federal court says.

  • April 09, 2020

    Wegmans Hit With Cake Mix Label Class Action

    Supermarket chain Wegmans Food Markets Inc. was hit on Thursday with a proposed class action alleging that its brand vanilla cake mixes are misleadingly labeled and have less vanilla than the labels claim.

  • April 09, 2020

    New Moms Claim UPMC Gave Private Info To Social Services

    Patients at the University of Pittsburgh Medical Center said the hospital violated their privacy by sharing unconfirmed or incorrect information about their alleged drug use that triggered investigations by county child services, according to a lawsuit in Pennsylvania federal court.

  • April 09, 2020

    6th. Circ. Says Pilot Can't Send OT Case To Arbitration

    The Sixth Circuit refused Thursday to make about 4,000 workers arbitrate wage claims against rest stop operator Pilot in a ruling that also suggested, but did not hold, that arbitration agreements can’t supersede courts’ authority to decide whether a challenged pact is valid.

  • April 09, 2020

    Calif. Small Businesses Sue China For $8T Over COVID-19

    Two California real estate companies and some small business groups have filed a proposed federal class action against China on behalf of all American small businesses, seeking at least $8 trillion for what they say is the Chinese government's culpability in the COVID-19 pandemic.

  • April 09, 2020

    Kraft Heinz ERISA Stock Price Suit Kicked To Illinois

    A Pennsylvania federal judge on Thursday kicked to Illinois federal court a proposed Employee Retirement Income Security Act class action accusing Kraft Heinz executives of letting workers invest their retirement savings in overvalued company stock, saying similar litigation is already happening in the Prairie State.

  • April 09, 2020

    VW Drivers Say Defective Sunroofs Damage Cars' Electronics

    A proposed class of Volkswagen drivers is suing the carmaker in New Jersey federal court, alleging that it knowingly sold several models of cars with defective sunroofs that leak in the rain, damaging the cars' interiors and electronics.

  • April 09, 2020

    Wesco Aircraft Ditches Investor Suit Over $1.9B Merger

    Wesco Aircraft Holdings Inc. and several former executives escaped securities fraud claims over its 2019 merger with Platinum Equity Advisors LLC after a New York federal judge found that Wesco’s alleged misstatements were not actionable.

  • April 09, 2020

    Claims Over News Release OK'd In Taronis Investor Suit

    Energy technology company Taronis Technologies Inc. can't end some of the claims in a proposed shareholder class action in Arizona federal court accusing the company of lying about having a contract with the city of San Diego.

  • April 09, 2020

    Students Say U Of Miami, Drexel Should Refund Tuition Fees

    Students at the University of Miami and Drexel University hit their respective institutions with a pair of proposed class actions Wednesday, claiming that because the private universities’ campuses closed down amid the coronavirus pandemic, students should be reimbursed for certain tuition fees and other costs.

  • April 09, 2020

    Ill. Class Aims To Halt Clearview AI's Facial Photo Data Scrape

    A federal judge should stop Clearview AI Inc. from collecting Illinois residents' photographs for its searchable face database because the company’s continued biometric privacy violations are more egregious than initially known, an Illinois resident said Wednesday.

  • April 09, 2020

    Biz Group Wants Justices To Tackle NFL 'Sunday Ticket' Suit

    The U.S. Chamber of Commerce backed the NFL and DirecTV in their push for U.S. Supreme Court review of a Ninth Circuit ruling that revived an antitrust suit over "Sunday Ticket" games, saying it threatens to upend lawful joint ventures.

  • April 09, 2020

    BofA, JPMorgan, RBS Agree To $25M Settlement In Libor Suit

    JPMorgan Chase, Bank of America and RBS have agreed to shell out a combined $25.5 million to settle bondholders' claims that they rigged the London Interbank Offered Rate, according to a bid for initial approval of the deal filed in New York federal court Wednesday.

  • April 09, 2020

    Google Can't Ditch Privacy Suit Over Recording Users

    A California federal judge said Thursday she'll likely trim some claims from a proposed class action alleging Google Assistant software surreptitiously records consumers without consent in violation of privacy laws, but she'll allow the consumers a chance to amend their complaint.

  • April 09, 2020

    1st Circ. Finds No Fraud In Ocular Therapeutix Stock Suit

    Biotech company Ocular Therapeutix didn't intentionally mislead investors in conference calls and filings about manufacturing problems that led to the U.S. Food and Drug Administration twice denying its steroid treatment for eye pain, the First Circuit said Thursday.

  • April 09, 2020

    7th Circ. Is Told National Class Can't Stay In Ill. TCPA Suit

    Health information technology company IQVIA has told the Seventh Circuit that a major high court ruling limiting personal jurisdiction in mass torts extends to class actions, as part of the company's effort to cut national consumers out of a proposed class suit over unwanted faxes.

  • April 09, 2020

    Inmates Say Pittsburgh Jail Not Following COVID-19 Guidance

    The Allegheny County Jail in Pittsburgh isn’t giving inmates enough space to reduce the risk of spreading the coronavirus, despite making room by releasing hundreds of prisoners, according to a proposed class action lawsuit filed in Pennsylvania federal court.

  • April 09, 2020

    'Apprentice' Outtakes Relevant In Fraud Suit Against Trump

    Unaired footage from two episodes of "The Celebrity Apprentice" is relevant to a proposed class action claiming Donald Trump scammed investors into buying worthless stakes in marketing company American Communications Network prior to becoming president, a federal judge ruled Thursday.

  • April 09, 2020

    9th Circ. Revives Wiretap Claims In Facebook Privacy Suit

    The Ninth Circuit ruled Thursday that Facebook users accusing the company of unlawfully tracking browsing histories could move forward with several wiretap and privacy claims, but that they had failed to allege the necessary elements for three other allegations.

  • April 09, 2020

    Drivers Claim Honda Acura Computer Defect Stops Cars

    A proposed class of Acura drivers is suing American Honda Motor Co. Inc., alleging that a computer defect in cars made in the last few years causes the vehicles to slow or even come to a complete stop while driving, putting drivers at risk of accidents.

  • April 08, 2020

    Pfizer Beats Viagra MDL After Plaintiffs' Experts Booted

    Pfizer on Wednesday won an unopposed motion for summary judgment in multidistrict litigation alleging its product Viagra is linked to melanoma, setting the stage for an appeal of a California federal judge's January order excluding key expert testimony, which consumers have vowed to take to the Ninth Circuit.

Expert Analysis

  • Early Securities Class Actions Highlight COVID Litigation Risk

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    Securities class actions against Norwegian Cruise Lines and Inovio Pharmaceuticals in Florida and Pennsylvania federal courts underscore the precautions companies should consider when evaluating whether their public filings appropriately disclose coronavirus-related exposure, say attorneys at Alston & Bird.

  • Virus Class Actions Against Chinese Gov't Face Uphill Battle

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    Three recently filed class actions claim that the Chinese government is liable for injuries and damages in the U.S. caused by COVID-19 — but precedent suggests that plaintiffs in these cases face little likelihood of recovery, say Robert Boone and Simren Gill at Bryan Cave.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Avoiding Class Claims For Sharing COVID-19 Location Data

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    As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • D&O Insurance Tips For Coronavirus-Related Claims

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    Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • CFPB Whistleblower Program Could Plug Enforcement Gaps

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    Recently proposed legislation to establish a Consumer Financial Protection Bureau whistleblower reward program could help fill an enforcement void left by forced arbitration agreements and class action waivers included in most contracts between consumers and financial services companies, say Zac Arbitman at Youman & Caputo and Jason Zuckerman at Zuckerman Law.

  • Festival Case May Be Preview Of COVID-19 Consumer Suits

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    A class action recently filed in Los Angeles Superior Court challenging a music festival's refund policy after a COVID-19-prompted cancellation may indicate the direction that the plaintiffs bar will pursue in pandemic-related consumer litigation, say attorneys at Bryan Cave.

  • Defending Against A Wave Of Hand Sanitizer Class Actions

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    The U.S. Food and Drug Administration's rebuke of Purell manufacturer Gojo Industries' labeling claims has incited an influx of false advertising class actions against hand sanitizer companies, but there are several viable ways for defendants to respond, says Alex Smith at Jenner & Block.

  • Emergency Laws Protect Cos. Enlisted In COVID-19 Fight

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    The Defense Production Act and the Public Readiness and Emergency Preparedness Act, recently invoked by the Trump administration to aid in fighting COVID-19, can provide special legal defenses to businesses producing essential supplies — which could protect companies against future tort liability, says Kelly Belnick at Tanenbaum Keale.

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