Class Action

  • September 24, 2021

    Servicemembers Want Injunction Against DOD Vax Mandate

    Two military servicemembers have urged a Colorado federal judge to grant an injunction against the Pentagon's mandatory COVID-19 vaccine requirement, saying they are being forced to take an "unlicensed" vaccine that puts their health at risk.

  • September 24, 2021

    Trump Fights Transfer Of Big Tech Censorship Suits To Calif.

    Former President Donald Trump is urging a Florida federal judge to dismiss requests by Twitter and YouTube to transfer his censorship suits against them to the Northern District of California, saying the forum selection clauses in their terms of service do not apply to governmental entities.

  • September 24, 2021

    Novo Nordisk To Pay $100M To Settle Investor Class Action

    Novo Nordisk announced Friday that it has reached a $100 million settlement in an investor class action alleging the Danish pharmaceutical giant boasted about its finances while concealing a scheme to pay kickbacks to pharmacy benefit managers to get its insulin drugs on stores' recommended product lists.

  • September 24, 2021

    States Go First In Google Display Ads Case

    The Texas-led state attorneys general lawsuit against Google will go through briefing on dismissal motions while the rest of the massive consolidated case remains paused, a New York federal judge ruled Friday in an attempt to impose some order on litigation over the search giant's display advertising business.

  • September 24, 2021

    Yale, Workers Cut Tentative Deal To End Wellness Policy Suit

    Yale University agreed to settle a disability and genetic information bias suit alleging it unlawfully used financial penalties to coerce workers into a wellness program, with a Connecticut federal judge giving both parties two months to finalize the deal.

  • September 24, 2021

    FanDuel Fine Print For Users Dooms Ill. Man's Suit

    An Illinois resident suing FanDuel for allegedly feeding bettors false information did not help his case by citing terms of service specifically disclaiming liability for inaccurate intel, an Illinois federal judge said Thursday as she tossed the man's proposed class action.

  • September 24, 2021

    Dubai Developer Revealed As Bidder On Surfside Condo Site

    The opening $120 million offer for the site of fallen Champlain Towers South condominium in Surfside, Florida, came from Dubai, United Arab Emirates-based Damac Properties PJSC, one of the Middle East's largest real estate developers, a court filing revealed Friday.

  • September 24, 2021

    Waterfront Property Co.'s Virus Coverage Suit Washed Away

    A New York federal judge on Friday nixed a proposed class action brought against Travelers Indemnity Company of America over pandemic coverage, rejecting an argument from the suing property management company that government shutdown orders subvert its policy's virus exception. 

  • September 24, 2021

    Class Slams Cricket's Bid For Arbitration In False 4G Ad Suit

    Cricket Wireless can't attract customers with promises of contract-free service, then turn around and claim they're contracted to arbitrate their claims when sued by those same customers, a California federal court was told.

  • September 24, 2021

    3rd Circ. Orders Rethink Of 'Issue' Class Cert. In Fraud Case

    A Pennsylvania federal court erred when it certified a class of hospital patients treated by a doctor who was practicing under a false identity because it failed to follow all the steps necessary for handling a class limited only to certain issues within a case, the Third Circuit ruled Friday.

  • September 24, 2021

    Walgreens Escapes 'Pink Tax' Suit Over Hair Loss Meds

    A California federal court has tossed a proposed class action against Walgreens by a shopper accusing the company of charging a "pink tax" on women's hair loss products, finding that the pharmacy chain can't deviate on the labeling approved by the U.S. Food and Drug Administration.

  • September 24, 2021

    9th Circ. Gives Go-Ahead To CRT Settlement

    The Ninth Circuit said that it will not reconsider settlements between makers and certain purchasers of cathode ray tubes and denied efforts to intervene by members of the purchasing class who were not part of the settlements.

  • September 24, 2021

    Colleges Eye Appeal After Athletes OK'd To Pursue Wage Suit

    Five universities are seeking to immediately appeal a Pennsylvania federal judge's ruling that allowed a proposed class of student athletes to sue for minimum wage pay, arguing Thursday that other courts have clearly held that college players are not employees.  

  • September 24, 2021

    Pension Fund Unlikely To Get 2nd Shot At MiMedx Class

    A Georgia federal judge said Friday that he's likely to reject an effort by a pension fund to reopen a securities fraud class action against MiMedx Group Inc., saying there have been no new arguments raised since he dismissed the fund's claims for lack of standing.

  • September 24, 2021

    SPAC Investor Sues Over Post-Deal Slide Of Telehealth Co.

    A blank-check company stockholder whose shares began a deep nosedive immediately after its $1.35 billion reverse merger with digital health management venture UpHealth has sued sponsor Avi Katz and others in Delaware, claiming fiduciary duty breaches and unjust enrichment.

  • September 24, 2021

    Cruise Co. Sails To Victory In Ship Breakdown Class Action

    Passengers who sued a tour company after a broken-down ship halted their European river cruise lost the remaining claim in their class action Friday, with a Boston federal judge dinging the vacationers for failing to give clear notice of their claims prior to filing suit.

  • September 24, 2021

    Saxena White Can't Lead FIFA Suit After Robbins Geller DQ

    A New York federal judge who disqualified Robbins Geller Rudman & Dowd LLP from securities litigation related to the FIFA corruption scandal on Thursday rejected Saxena White PA's request to take over the case, chastising the firm for seeking continued advice from Robbins Geller.

  • September 24, 2021

    Philadelphia Jury Clears J&J In Talc Cancer Case

    The first case in Philadelphia over alleged health risks associated with Johnson & Johnson's signature talcum powder came to an end Friday as a state jury cleared the company of claims that its product contributed to a woman's ovarian cancer diagnosis.

  • September 23, 2021

    Skechers Gets Sneaker Burn Suit Tossed For Good

    An Illinois federal judge on Tuesday tossed a proposed class action brought by a woman who claimed that Skechers USA Inc.'s light-up sneakers burned her son's feet, saying her allegations didn't point to any direct statements by the shoe manufacturer related to the shoes' alleged defect.

  • September 23, 2021

    BofA Defeats Maryland Escrow Interest Suit

    A Baltimore federal judge freed Bank of America from a proposed consumer class action that sought to hold it liable for millions of dollars in escrow interest allegedly owed to Maryland mortgage borrowers, handing the bank a notable win in a case that's paralleled national litigation.

  • September 23, 2021

    UC San Diego Health Sued Over Patient Data Breach

    The University of California San Diego's health system was hit with at least two putative class actions in California federal court this week over a data breach that purportedly compromised hundreds of thousands of patients' medical records and other personal identifiable information.

  • September 23, 2021

    Schwab Clients Urge Cert. Over Trades Routed Through UBS

    Charles Schwab clients urged a California federal judge Thursday to grant them class status in their securities lawsuit accusing the financial services giant of violating its duty to get them the "best execution" on trade orders by intentionally concealing an agreement routing trade orders through UBS Securities LLC.

  • September 23, 2021

    Del. Justices Toughen Demand-Futility Test In Facebook Row

    Delaware's Supreme Court adopted a new more stringent demand-futility standard for derivative suits Thursday and upheld the dismissal of a Facebook investor's $95 million derivative suit that sought to recover litigation fees Facebook spent defending CEO Mark Zuckerberg's eventually abandoned stock reclassification plan.

  • September 23, 2021

    Ill. High Court Rules Against State Farm In Loss Value Dispute

    Illinois' top court upheld a win Thursday for a proposed class of homeowners accusing State Farm of automatically depreciating labor costs on top of the cost of materials when handling a property damage claim without disclosing the practice to policyholders, saying the policy is ambiguous and must therefore side with the insured.

  • September 23, 2021

    Liberty Media Sued Over Slow-Mo Sirius Minority Squeeze-Out

    A Sirius XM Holdings Inc. stockholder sought damages for the company and its shareholders in Delaware's Chancery Court on Thursday in connection with controlling investor Liberty Media Corp.'s alleged ongoing plan for a slow-moving, $16 billion or more squeeze-out of minority shares, at Sirius' expense.

Expert Analysis

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Key Trends In Recent Cyber-Related Securities Class Actions

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    ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • OPT Class Action Settlement Will Help US Retain Talent

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    The agreement reached between the U.S. Citizenship and Immigration Services and applicants for post-graduate optional practical training, to remove unintended obstacles to participation caused by pandemic-related processing delays, signals the government’s recognition that retaining U.S.-educated foreign talent is critical to the economy, says Lindsey Steinberg at Mintz.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • How Websites Can Ward Off Novel State Law Wiretap Suits

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    As plaintiffs' legal theories surrounding wiretapping and the use of third-party analytics tools to collect data have evolved, with attorneys now filing privacy and security-breaching suits under state statutes, there are several strategies websites can employ to guard against these claims and defeat class actions, say attorneys at Perkins Coie.

  • FCC's Reassigned Numbers Data Won't Help TCPA Class Cert.

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    The Federal Communications Commission's reassigned numbers database, which goes live Nov. 1, is poorly suited to overcome the challenges of class certification endemic to wrong-number cases because it was not designed to assist in identifying wrong-number calls or call recipients after the fact, says Debra Aron at Charles River Associates.

  • Mass. 7-Eleven Case Carries Broad Employment Ramifications

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    The 7-Eleven worker classification case pending in Massachusetts' highest court calls franchising models into question and is likely to have repercussions beyond the Bay State as various local, state and federal regulators try to apply employment law to business relationships that may not fall neatly into either the employee or independent contractor category, says Hugh Murray at McCarter & English.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • 2nd Circ. Vitamin C Price-Fixing Decree Goes Beyond Antitrust

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    The Second Circuit's recent dismissal of antitrust price-fixing claims against two Chinese vitamin C exporters carries broad implications as to the sources and authorities litigants should present in advancing interpretations of foreign law, say attorneys at Cleary.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

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    President Joe Biden's recent executive order on competition and new Federal Trade Commission leadership mean pharmaceutical companies should anticipate a stricter focus on drug pricing and rebating practices, and plan to defend against potential price strategy challenges from government enforcers and private plaintiffs, say attorneys at Gibson Dunn.

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