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Class Action

  • June 14, 2019

    Charles Schwab Can't Arbitrate ERISA Claims, 9th Circ. Told

    Charles Schwab Corp. and a retirement plan participant fought before the Ninth Circuit on Friday over the plan's arbitration provisions that purportedly waive rights to collectively sue under the Employee Retirement Income Security Act, with the participant arguing that upholding the waiver would result in a "massive reduction in fiduciary liability."

  • June 14, 2019

    Amazon's Arbitration Pact In 'Place Your Order' Link Holds Up

    An Amazon customer must arbitrate proposed class action claims that the e-commerce giant failed to do enough to prevent the sale of a dangerous diet pill, a New York federal judge ruled Friday, saying the customer had notice of the agreement when he clicked the "Place your order" button.

  • June 14, 2019

    General Mills Gets Weedkiller In Cheerios Suit Dismissed

    A Florida federal judge on Friday tossed out a putative nationwide class action claiming General Mills failed to disclose that its Cheerios cereal contains the possibly carcinogenic weedkiller glyphosate, ruling that the consumer failed to establish that she suffered a concrete injury and instead asserts only hypothetical health risks.

  • June 14, 2019

    3 Takeaways As 'Negotiation Class' Idea Jolts Opioid MDL

    An unconventional move Friday to resolve multidistrict opioid litigation by unifying local governments in a “negotiation class” could be an inflection point for the bruising legal slugfest targeting drug companies, although class certification isn’t a sure thing. Here, Law360 explores three key takeaways from the high-stakes maneuver.

  • June 14, 2019

    The Biggest Benefits Decisions Of 2019: Midyear Report

    In the first half of 2019, courts made beating Employee Retirement Income Security Act suits over bad investments tougher for universities and easier for money managers who handle certain 401(k) plan funds. Here, Law360 reviews six blockbuster court developments that benefits attorneys should have on their radar.

  • June 14, 2019

    HCA Healthcare Pushes To Sink ER 'Cover Charges' Suit

    HCA Healthcare and several of its affiliates said Friday that a proposed class action alleging they hit Florida emergency room patients with deceptive, undisclosed "cover charges" is nothing but a "shotgun pleading" that lacks specific claims because there is no actual controversy.

  • June 14, 2019

    Casino Tip Pool Suit Revived In Dealer's 4th Circ. Appeal

    A casino dealer leading a proposed class action against a Penn National Gaming Inc. casino’s tip pool policy has appealed before the Fourth Circuit a lower-court ruling that favors her employer, saying the casino violates the Fair Labor Standards Act’s tipping provisions.

  • June 14, 2019

    Patient Attys Slam 3M's Contempt Bid Over Unsealed Docs

    Three attorneys accused by 3M Co. of sharing confidential information have urged a Minnesota federal court to not hold them in contempt, arguing the Minnesota-based company failed to substantiate its claims against them in multidistrict litigation over a post-surgery patient warming device.

  • June 14, 2019

    Digital Printing Co. Sued Over $1.7B Buyout's Terms

    Shareholders in Electronics for Imaging Inc. filed suit Thursday in Delaware federal court claiming the company’s planned sale to an affiliate of private equity firm Siris Capital Group is based on information that's missing key data, which shareholders need to make an informed decision on the $1.7 billion deal.

  • June 14, 2019

    PNC Accused Of Stiffing Call Center Workers On OT

    PNC Bank and its parent company failed to pay call center workers for their overtime hours by making them read work-related emails off the clock and keeping them at work during meal breaks, according to a proposed class action filed Friday in Pennsylvania federal court.

  • June 14, 2019

    Seeger Weiss Says Common Benefit Fee Objections Too Late

    NFL concussion settlement class counsel Seeger Weiss LLP was again on the defensive about attorney fees for work done for the common benefit of the class Friday, telling a Pennsylvania federal judge that recent objections to a 5% holdback from awards to fund the fees are untimely.

  • June 14, 2019

    BNY Mellon Must Face Pa. Class Suit Alleging Self-Dealing

    A Pennsylvania federal judge on Friday refused to throw out proposed class claims accusing the Bank of New York Mellon NA of engaging in self-dealing by moving money from a trust account into a poorly performing mutual fund operated by a corporate affiliate.

  • June 14, 2019

    ADP Sued For Stiffing Call Center Reps On Pre-Shift Work

    ADP LLC was slammed Friday in New Jersey federal court with class claims alleging the human resources company has failed to pay customer service representatives for the time spent logging into computer programs and phone systems before their scheduled shifts.

  • June 14, 2019

    Tough Mudder Dodges Runners' Suit Over Unpaid Settlement

    A Massachusetts federal judge has tossed a slate of claims from runners who sued Tough Mudder over an uprooted event, finding that a $225,000 settlement plus interest would suffice to resolve the matter even though the obstacle course company missed a deadline to pay the money.

  • June 14, 2019

    7th Circ. Says Airline Privacy Fights Must Be Arbitrated

    Disputes over whether Southwest Airlines Co. and United Airlines Inc. violated Illinois law when they used timekeeping systems requiring workers to clock in and out with their fingerprints must be settled by an adjustment board, because their unions may have consented to the practice on the employees' collective behalf, the Seventh Circuit held Wednesday.

  • June 14, 2019

    Water Chemical Buyers Reach Deal In Price-Fix Suit

    Consumers who say they were scammed into paying artificially high prices for a water treatment chemical told a New Jersey federal judge on Friday that they have reached a tentative deal with the last of the companies they have accused of being involved in the scheme.

  • June 14, 2019

    Troester Weighs On 9th Circ. At Nike Bag Check Hearing

    A Ninth Circuit panel appeared open Friday to reviving separate certified class actions alleging Nike and Converse must pay workers for time spent during mandatory security inspections, with two judges indicating the California Supreme Court's recent Troester v. Starbucks decision could impact the cases.

  • June 14, 2019

    Ongoing Waiver Grants Doom Travel Ban Suits, Feds Say

    The U.S. Department of Justice has urged a California federal court to toss litigation accusing it of failing to implement a waiver program for President Donald Trump's travel ban, saying there's evidence the program is in effect and that there hasn't been a "blanket denial" of waiver requests.

  • June 14, 2019

    Chancery Keeps Alive Suit Over Repriced Anixa Stock Options

    Class claims that Anixa Biosciences Inc. directors down-priced stock options held by insiders in 2017 while delaying a new patent award announcement that bumped up option values survived a Chancery Court dismissal challenge late Thursday.

  • June 14, 2019

    Facebook Will Cough Up Data Analysis Docs In Breach Suit

    A California federal magistrate judge on Friday formalized Facebook's agreement to provide a proposed class of consumers with documents detailing the data analysis the company conducted to determine who was affected by a breach that hit nearly 50 million accounts.

  • June 14, 2019

    Seagram's Drinkers Get Initial OK On $2.5M Soda Label Deal

    A California federal court has preliminarily approved a $2.5 million settlement between The Coca-Cola Co. and a proposed class of consumers suing over the company's allegedly misleading claims that Seagram's ginger ale is "made with real ginger."

  • June 14, 2019

    MetLife Pushes To Dismiss Mortality Table Suit

    Metropolitan Life Insurance Co. wants a New York federal judge to toss a suit claiming it used an outdated mortality estimate when calculating benefits for its plans, saying the proposed class hasn't shown that the company violated the Employee Retirement Income Security Act.

  • June 14, 2019

    Banks Look To Deal Knockout Blow In Bond Price-Fix Suit

    Major banks accused of working together to fix bond prices for government-sponsored entities, including Fannie Mae and Freddie Mac, have urged a New York federal judge to throw out the lawsuit against them, saying investors bringing the suit cannot substantiate their "impossibly broad" conspiracy claims.

  • June 14, 2019

    Endo Fights Investor's Cert. Bid In Opioid Stock-Drop Suit

    Endo International PLC asked a Pennsylvania federal court Thursday to reject an institutional investor's class certification bid in a suit accusing the pharmaceutical company of hiding safety issues with an opioid drug, arguing the investor has little in common with the other stockholders.

  • June 14, 2019

    'Negotiation Class' May Tee Up Sweeping Deal In Opioid MDL

    Local governments in the multidistrict opioid litigation on Friday launched an unusual effort to create a "negotiation class" of cities and counties that would seek a global settlement with drug companies accused of igniting a nationwide firestorm of addiction.

Expert Analysis

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • The 'Newly Acquired Information' Shift In Pharma Litigation

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    Before 2015, most failure-to-warn cases against pharmaceutical companies generally hinged on the adequacy of warnings given to prescribing physicians. But a survey of recent cases reveals that many now turn on whether there is “newly acquired information” permitting the manufacturer to change its labeling, says Richard Dean of Tucker Ellis.

  • Class Action Takeaways From 9th Circ.'s New Hyundai Ruling

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    The Ninth Circuit's latest opinion in the Hyundai and Kia Fuel Economy Litigation addresses how class action settlements should be evaluated. But the importance of the decision goes beyond what it means for class settlements — it reaffirms core principles of litigated motions for class certification, says William Stern of Covington.

  • 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.