A Wisconsin federal judge has sanctioned a federal student loan servicer that's battling a roughly $90 million class action accusing it of illegally capitalizing interest on struggling borrowers' loans, finding the servicer "prevented thousands of class members" from being formally notified about the litigation.
A Fitbit investor sued the athletic technology company and its board on Friday in Delaware federal court, claiming they tried to mislead investors about the financial analyses associated with Fitbit's recently announced plan to sell itself to Google for $2.1 billion.
A Carbonite Inc. investor filed a proposed securities class action Thursday seeking to halt the cloud computing business' $1.42 billion merger with an OpenText Corp. subsidiary, saying the companies need to back up the rosy financial picture they touted to shareholders.
Wells Fargo asked a California federal judge to block a class-action bid brought by mortgage borrowers who say the bank denied mortgage aid to hundreds of eligible struggling homeowners, saying the plaintiffs' "lack of diligence" should not be rewarded.
Banner Health has agreed to pay up to $6 million to a group of people affected by a 2016 data breach at the health care provider as part of a deal to put an end to a proposed class action over the massive cyberattack.
The D.C. Circuit appeared likely to deliver a blow to CareFirst policyholders' putative class action over a 2014 data breach, after a three-judge panel expressed reservations on Friday about its authority to revive some claims a federal trial court tossed earlier this year.
Nvidia Corp. urged a California federal judge at a hearing Friday to throw out claims it misled investors about revenues from a cryptocurrency mining boom, saying the plaintiffs cherry-picked information and relied on a Morgan Stanley analyst and others who were “clearly speculating” about the company’s financials.
An online marketing company got a Pennsylvania woman's invasion of privacy claim tossed from a lawsuit over its alleged tracking of her information from a retailer's website, but must still face her claim that it violated the state's wiretapping law, a federal judge ruled Friday.
Jones Day on Friday called for the toss of a pay discrimination suit brought by female lawyers as well as sanctions against their attorneys with Sanford Heisler Sharp LLP, contending the women didn’t investigate their claims before taking legal action and ignored contradictory evidence.
Franchised Volkswagen dealerships cannot collect damages from Bosch, the auto parts maker they've accused of masterminding the emissions-cheating devices in Volkswagen's "clean diesel" vehicles, after a California federal judge ruled Friday that they couldn't prove they were deprived of a future revenue stream from yet-to-be-manufactured vehicles.
Several law firms have urged a North Carolina federal court not to certify a proposed class of motorists who allege the firms unlawfully sent them solicitation ads following collisions, saying the drivers are seeking upward of $12 billion while failing to prove their experiences are sufficiently common or that the firms violated a federal law.
Just days after Koi CBD received a U.S. Food and Drug Administration warning over the marketing of its CBD products, a proposed class of consumers filed a California federal suit against the company claiming it knowingly sold illegal merchandise.
An Illinois Wingstop franchisee who owns and operates at least six restaurants in the state requires his employees to scan their fingerprints to track their attendance in violation of their biometric privacy rights, according to a state class action filed Thursday.
A New Jersey state judge on Friday nixed the Newark Archdiocese’s bid to escape a proposed class action that alleges it underfunded a pension plan by at least $2.7 million and left about 135 individuals without their promised lifetime benefits, rejecting the Catholic organization’s stance that the allegations in the suit fell short.
A Tennessee federal judge said Friday that in light of last year's Cyan ruling in the U.S. Supreme Court, he would return a securities class action against now-defunct Miller Energy back to state court.
A proposed class action claiming Bacardi and Winn-Dixie Supermarkets violated a 150-year-old Florida law by selling gin "adulterated" with a spice called grains of paradise will proceed in federal court after a judge ruled Friday that a bid to return the case to state court was untimely.
A proposed class of parents and children urged an Illinois federal court Thursday to approve a “groundbreaking” $1.1 million settlement to resolve claims that the popular short-form video app TikTok collected and shared personally identifiable information about children under the age of 13 without parental consent.
Robbins Geller Rudman & Dowd LLP will lead a proposed class of Canada Goose investors alleging the luxury outerwear brand concealed inhumane treatment of animals it sourced materials from, causing a stock price decline after the company came under scrutiny for falsely advertising about its practices.
Former American Airlines workers suing over alleged retirement plan mismanagement have hit back at the air carrier's objections to their push for approval of a 20,000-member class, saying the company hasn't identified any compelling reason not to grant class certification.
An Illinois federal judge gave the final signoff Friday to a $27.5 million deal over DeVry Education Group Inc.'s allegedly inflated graduate data, including a request for almost $7.43 million in attorney fees.
The New Jersey Supreme Court has agreed to review a lower court's finding that a Cream-O-Land Dairy LLC driver's proposed overtime class action isn't precluded by a state regulator's opinion arising from the same matter, according to an order made public Thursday.
Dynagas LNG Partners LP asked a New York judge on Thursday to dismiss a stock-drop suit accusing the natural gas carrier of pulling a bait-and-switch with its shareholder distributions as revenues flagged.
Attorneys from Nichols Kaster PLLP, Block & Leviton LLP and MKLLC Law were awarded $1.7 million in fees Thursday by a Massachusetts federal judge after securing a $6.9 million settlement with workers from MFS Investment Management who claimed the company mismanaged their retirement savings.
A New York federal judge denied class certification to a chef claiming Kellogg Co. falsely advertised Pringles salt-and-vinegar chips as having no artificial flavors, saying “unwieldy individual issues” predominate over common questions.
Facebook is pressing the U.S. Supreme Court to review a Ninth Circuit ruling that preserved a potentially multibillion-dollar class action over its face-scanning practices, arguing that the dispute provides a "clean vehicle" to review thorny standing and class certification issues.
While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.
In this era of big data and social media, plaintiffs no longer wait for U.S. Food and Drug Administration regulatory action before filing pharmaceutical product liability claims, so the risk of mass tort litigation is higher than ever, say Saher Valiani and Matthew Holian at DLA Piper.
In the U.S. Women’s National Team's pay equity case against the U.S. Soccer Federation, both sides' selective wage comparisons are vague and may misunderstand what constitutes an appropriate pay rate analysis, says Michaelyn Corbett at Ankura Consulting Group.
As policyholders experience increases in premiums, reduced capacity and more restrictive terms in all lines of insurance coverage, many are turning to new strategies to increase claims recovery, says Micah Skidmore of Haynes and Boone.
A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.
The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.
As many employment litigators have trouble arguing that a plaintiff failed to adequately mitigate damages, defense attorneys should consider working with a vocational expert that can provide a fact-based analysis of a plaintiff’s missed opportunities, say Dawn Solowey and Lynn Kappelman at Seyfarth.
Perspectives
The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.
The Seventh Circuit’s recent decision in Dancel v. Groupon, which is at odds with Eleventh Circuit precedent, evens the playing field by giving defendants the opportunity to use discovery to demonstrate diversity jurisdiction in Class Action Fairness Act cases, say Bruce Braun and Stephen Spector at Sidley.
The Delaware Chancery Court’s recent decision in Dieckman v. Regency that a merger did not satisfy the required safe harbors, but did not necessarily breach good faith requirements, suggests general partners in master limited partnerships may face greater liability in approving conflicted transactions, say attorneys at Fried Frank.
A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.
Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.
At recent U.S. Supreme Court arguments in IBM v. Jander, the justices grappled with the Employee Retirement Income Security Act’s difficult application and its intersection with federal securities laws in considering whether plan fiduciaries must disclose inside information about publicly traded companies, say attorneys at King & Spalding.
Opinion
A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.
Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.