Class Action

  • June 21, 2021

    CVS Didn't Need To Report Drug Discounts To PBM, Jury Told

    A former OptumRx executive testified Monday during a California federal jury trial over class overcharge claims against CVS Pharmacy Inc. that the pharmacy benefit manager's contract with CVS didn't require CVS to report discounted drugs prices under its Health Savings Pass program, which customers allege led to higher insurance copays.

  • June 21, 2021

    Justices Send NCAA Message: Change Or Face More Suits

    By rejecting the NCAA's arguments that its amateurism system should get blanket protection from antitrust challenges, the U.S. Supreme Court on Monday made clear that the organization must allow athletes to profit from or share in the revenues of college sports — or face an uncertain future of litigation.

  • June 21, 2021

    Trump, Feds Escape Most Claims Over Lafayette Square Clash

    A D.C. federal judge on Monday tossed most of the claims in four overlapping lawsuits challenging federal agents' forcible removal of peaceful protesters in Lafayette Square near the White House last June to enable then-President Donald Trump's photo-op at the historic St. John's Episcopal Church.

  • June 21, 2021

    Ex-Amazon Manager Kicks Off California OT Bench Trial

    Attorneys for a former Amazon manager in California delivered opening statements Monday in a bench trial over claims that the retail giant shorted him overtime, arguing that the bulk of his work was not managerial, while Amazon said its ex-employee was disgruntled and vengeful as a result of his firing.

  • June 21, 2021

    College Athletes Call Justices' NCAA Ruling A Game Changer

    Current and former college athletes nationwide on Monday celebrated a landmark U.S. Supreme Court decision that they said will provide life-changing benefits for many players while adding momentum to an ongoing push to let athletes monetize their names and images.

  • June 21, 2021

    11th Circ. Drops T.I. Lyrics, Sides With Rapper In Crypto Ruling

    The Eleventh Circuit on Monday affirmed that an investor's proposed class action accusing rapper T.I. and his business partner of securities law violations over a cryptocurrency offering is untimely, refusing to accept the investor's argument that fraudulent concealment extended the statute of limitations.

  • June 21, 2021

    Judge Blasts 'Breathtaking' Atty Fee Bid In Roundup MDL

    A California federal judge on Monday said a request by lead counsel in multidistrict litigation over Monsanto's weedkiller Roundup that a certain percentage of any consumer's recovery be held back for a common benefit fund, even if they weren't part of the MDL, was too "far-reaching."

  • June 21, 2021

    Albertsons Faces TCPA Class Claims Over Texts

    Grocery giant Albertsons Cos. has been hit with a proposed class action in California federal court for allegedly blasting noncustomers with unwanted robotexts in violation of the Telephone Consumer Protection Act.

  • June 21, 2021

    Entwistle, Wolf Haldenstein Vie To Rep Emergent Investors

    Entwistle & Cappucci LLP and Wolf Haldenstein Adler Freeman & Herz LLP are competing in Maryland federal court to represent a proposed class of investors in a consolidated action claiming that biopharmaceutical company Emergent BioSolutions Inc. misled the public about how prepared it was to handle a pair of high-profile deals to manufacture COVID-19 vaccines.

  • June 21, 2021

    Energy Co. To Pay $7M To End Bait-And-Switch Claims

    Verde Energy USA Inc. has reached a proposed $7 million settlement to end a half-dozen proposed class actions alleging it drew customers in with a bait-and-switch scheme that left them paying more for electricity than they had expected.

  • June 21, 2021

    Chemical Co. Slapped With Class Action Over Plant Explosion

    Northern Illinois residents say in a proposed class action that a production plant explosion last week forced them to evacuate their homes and covered their properties with potentially toxic waste, and they want the plant owner to pay for remediation.

  • June 21, 2021

    Insurer Seeks Appeal To Avoid Duke's Antitrust Class Actions

    Endurance Risk Solutions Assurance Co. has urged a North Carolina federal court to grant its bid for interlocutory appeal, saying the court misread policy language by holding that it must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.

  • June 21, 2021

    Harvard Beats Students' COVID-19 Tuition Refund Suit

    Harvard University students could not have reasonably expected that the school would guarantee in-person learning even during a global pandemic, a federal judge ruled Monday, tossing a proposed class action seeking refunds for classes forced online by COVID-19.

  • June 21, 2021

    Justices Vacate Goldman Class Cert., Say 'Generality' Matters

    The U.S. Supreme Court vacated certification in a decade-old investor class action against Goldman Sachs on Monday with an order instructing lower courts to consider whether a company's alleged misstatements are too generic to be relied upon by an entire class of investors.

  • June 21, 2021

    High Court Says NCAA Can't Limit Athlete Education Pay

    The U.S. Supreme Court on Monday affirmed a ruling that struck down NCAA rules restricting education-related compensation and benefits for college athletes, finding that the organization should not get special treatment under antitrust law.

  • June 21, 2021

    Justices Reject Amazon Driver Wage Case

    The U.S. Supreme Court on Monday refused Amazon's request to review a First Circuit decision that found the company's delivery drivers can pursue misclassification claims in court because they fit the definition of transportation workers who are exempt from the Federal Arbitration Act.

  • June 21, 2021

    Jury Says Service Member's 3M Earplug Injury Worth $1.7M

    A Florida federal jury said Friday that a service member sustained $1.7 million in hearing loss damages from 3M's combat earplugs, and that 3M was 62% responsible, handing the company its second loss in three rapid-fire bellwether trials.

  • June 18, 2021

    Labaton Sucharow To Rep Lordstown Investors In Fraud Suit

    Labaton Sucharow will represent Lordstown Motors Corp. investors in a consolidated putative class action accusing the electric truck startup of misrepresenting its production capacity and demand, an Ohio federal judge said in an order Thursday, the same day Lordstown told regulators it lacked any binding orders.

  • June 18, 2021

    $110M Deal Reached In Suit Over $8.7B GCI Liberty Merger

    Former GCI Liberty Inc. directors have agreed to a $110 million settlement in Delaware to end stockholder class litigation over alleged maneuvers by its controllers and fiduciary duty breaches in GCI's stock-for-stock acquisition, valued at $8.7 billion, by Liberty Broadband Corp. last year.

  • June 18, 2021

    Banking Co. Says Proprietary Fund Argument Is Too Extreme

    Associated Banc-Corp is fighting allegations that it flouted ERISA by letting its workers invest retirement savings in underperforming company-affiliated funds, urging a Wisconsin federal judge to reject what the company characterized as an ill-advised crusade against financial institutions placing any affiliated funds in their retirement plans.

  • June 18, 2021

    Wesco Wants ERISA Fee Suit Axed

    Wesco Distribution urged a Pennsylvania federal court to toss a proposed class action that claims the multinational electronic distributor mismanaged its retirement plan, saying the workers behind the suit hadn't shown they had been harmed.

  • June 18, 2021

    Fla. Wiretap Suits A 'Scheme,' Says Investment Firm

    Edward Jones Investments denounced a lawsuit over its marketing analytics software as part of a "calculated scheme" by plaintiffs' counsel to flood the Florida court system with identical complaints in search of a sympathetic judge.

  • June 18, 2021

    BNY Mellon Fights Ruling Keeping Self-Dealing Suit Afloat

    The Bank of New York Mellon urged a Pennsylvania federal judge Thursday to rethink her ruling requiring it to face a proposed class action accusing it of funneling money from high-net-worth clients into underperforming investments it owned or benefited from, arguing the claims are preempted by federal securities law.

  • June 18, 2021

    Saint-Gobain Fights Whistleblower Deposition In PFOA Case

    Saint-Gobain has moved to sharply limit the kind of testimony a former in-house counsel-turned-whistleblower may provide in a class action over alleged chemical contamination, telling a Vermont federal court that the testimony is subject to privilege concerns.

  • June 18, 2021

    Bard Hit With $3M Verdict In Vein Filter Suit

    A Wisconsin federal jury on Thursday delivered a $3.3 million verdict in favor of a woman who claimed that a vein filter made by C.R. Bard fractured and a part became embedded in her heart after jurors found that the company was liable for failing to warn of the device's risks.

Expert Analysis

  • Goldman Ruling Is A Boon For Class Action Defendants

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    In a broad win for class action defendants, the U.S. Supreme Court’s ruling Monday in Goldman Sachs v. Arkansas Teacher Retirement System could serve as a mandate to courts to consider all relevant evidence at the class certification stage, even if the same evidence is also relevant to a merits question, say attorneys at Skadden.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • Opinion

    Justices Should Acknowledge ESG's Importance To Investors

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    In Goldman Sachs v. Arkansas Teacher Retirement System, the U.S. Supreme Court should reject Goldman's argument that its commitments to act with integrity were immaterial, and recognize the increasing weight of environmental, social and governance issues in investors' decision making, say attorneys at Motley Rice.

  • Employers Must Brace For PAGA-Like Bills Across US

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    As state legislatures across the U.S. consider bills modeled after California’s lucrative Private Attorneys General Act, employers should gear up for potential litigative burdens, work to mitigate liability risks and get involved in the legislative process, say attorneys at Greenberg Traurig.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • 10 Years Of Dukes: Workplace Bias Class Claims Are Still Alive

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    Cohen Milstein's Joseph Sellers and Christine Webber, who represented the plaintiff class in Wal-Mart v. Dukes, contend that the U.S. Supreme Court’s decision 10 years ago to decertify the class was not a death knell for collective employment bias claims, but that some aspects of the ruling make certification more expensive and time-consuming to achieve.

  • How To Assess Price Volatility Changes In SPAC Class Actions

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    Adjusting for changing volatility over a special purpose acquisition company's life cycle, as well as changes in marketwide volatility, is crucial for proper evaluation of market efficiency, loss causation and damages claims in securities class actions, say Alok Khare and Erica Rose at FTI Consulting.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Baby Food Contamination Cases Face Class Action Hurdles

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    Claims of adulterated baby food products have led to putative class actions around the country, but they involve different products, different companies, different state laws and different specific allegations, creating significant obstacles to class certification, say attorneys at Phillips Lytle.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • 9th Circ. Pay Stub Ruling Highlights Employer PAGA Defense

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    The Ninth Circuit’s recent reversal of a wage statement class action judgment in Magadia v. Walmart provides employers with a road map for obtaining early dismissal of meritless Private Attorneys General Act claims and preventing uninjured plaintiffs from maintaining claims on behalf of other aggrieved employees, say Corey Cabral and Robyn Frick at CDF Labor Law.

  • 5 Steps To Successful Mass Tort Management

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    When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

  • Obstacles To Defining Injury, Class In Cyberattack Suits

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    As cyberattacks and data privacy litigation evolve, quantifying and identifying uninjured class members becomes increasingly complex and further complicates economic models of injury, as shown by the lawsuit filed last month in a Georgia federal court after the Colonial Pipeline hack, says Michael Kheyfets at Edgeworth Economics.

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