Class Action

  • September 24, 2020

    DoorDash Steers Users From Non-Partner Eateries, Suit Says

    DoorDash has been deceptively steering customers away from restaurants not partnered with the restaurant delivery service by falsely listing them as "closed" or "too far away" on its app, a St. Louis restaurant claimed Thursday, hitting the company with a proposed class action in California federal court.

  • September 24, 2020

    Chase Bank Accused Of Wrongly Charging Overdraft Fees

    A proposed class action filed in California federal court on Thursday against Chase Bank alleges the institution routinely assesses overdraft fees on transactions that do not actually overdraw the accounts, leading to millions of dollars "bilked" from customers' pocketbooks.

  • September 24, 2020

    Firm Urges 8th Circ. To Ax $1 Award Over Judge's 'Disdain'

    An Arkansas law firm that received $1 in attorney fees after settling an overtime collective action against a pipe manufacturer reinforced its request for the Eighth Circuit to reconsider the trial court's fee award, accusing the judge of having "disdain" for the firm.

  • September 24, 2020

    Attys Decry Co-Counsel's 'Irrational' Fee Bid In ICO Suit

    Half of a co-lead counsel team cried foul play over the allegedly "irrational" disbursement of an $8.3 million counsel fee following settlement of an investors' securities offering fraud suit against Swiss blockchain company Tezos Stiftung.

  • September 24, 2020

    Panel Weighs 'Middle Ground' For COVID-19 Insurance MDLs

    The Judicial Panel on Multidistrict Litigation grappled Thursday with whether to create five multidistrict litigation cases to centralize COVID-19 business interruption suits against four insurers and a group of Lloyd's of London underwriters, an approach one policyholder attorney called a "sensible middle ground" after the panel refused to form one nationwide MDL.

  • September 24, 2020

    J2 Insiders Unjustly Enriched By $200M Investment, Suit Says

    Digital media business J2 Global Inc. was hit with a shareholder derivative suit Thursday in Delaware Chancery Court claiming certain former or current insiders were unjustly enriched through the company's $200 million investment in another venture affiliated with them.

  • September 24, 2020

    Goldman Gets Industry Support For High Court Cert. Fight

    Goldman Sachs got support from Wall Street groups, former U.S. Securities and Exchange Commission officials, law professors and others on Thursday in its challenge before the U.S. Supreme Court of class certification in a hotly watched securities class action.

  • September 24, 2020

    J&J, Bausch Look To Finally Flush Talc False Ad Suit

    Johnson & Johnson and Bausch Health US LLC are asking a California federal judge to throw out for the last time claims that they hid the asbestos content of their talc powder products, saying the suit still relies on claims that the judge had previously dismissed with prejudice.

  • September 24, 2020

    Lighting Biz Agrees To Pay SEC $1.25M Over Fraud Scheme

    An LED lighting company accused of cooking the books to illegally inflate its revenue numbers before a public offering has agreed to pay a $1.25 million penalty to the U.S. Securities and Exchange Commission, the agency told a Connecticut federal court Thursday.

  • September 24, 2020

    Patients Say Suit Over Faulty Embryo Tank Not Too Verbose

    Fertility patients alleging faulty storage tanks made by Chart Industries caused them to lose their genetic material slammed a bid by the company to dismiss their complaint in California federal court as too verbose and confusing, saying the 15-page document is instead clear, concise and to the point.

  • September 24, 2020

    Ginsburg's Successor Likely To Back Narrow TCPA Reading

    Justice Ruth Bader Ginsburg's absence on the U.S. Supreme Court is likely to swing a heated dispute over what qualifies as an autodialer under the Telephone Consumer Protection Act in businesses' favor, especially if she is succeeded by a front-runner from the Seventh Circuit who authored a key opinion on the issue.

  • September 24, 2020

    Coronavirus Litigation: The Week In Review

    Disney faces claims that it wrongfully barred a maskless autistic boy from one of its stores, a racing group says Coca-Cola used the pandemic to ditch a $34 million sponsorship agreement, and an ex-UPS worker says she was wrongfully fired for taking time off work to quarantine.

  • September 24, 2020

    NJ Medical Network Faces ERISA Suit Over Excessive Fees

    Two former employees of Barnabas Health Inc., which does business as RWJBarnabas Health, have slapped the medical center network with a proposed ERISA class action in New Jersey federal court accusing it of letting its two retirement plans waste workers' money.

  • September 24, 2020

    PE Firm Denies It Unfairly Pushed $2.2B Capital Bank Deal

    Private equity firm Crestview Partners LP told a Delaware vice chancellor Thursday that a proposed class of Capital Bank Financial Corp. shareholders has not shown the firm had the means to unduly influence Capital Bank's $2.2 billion sale to First Horizon National Corp. in 2017 so it could liquidate its ownership stake.

  • September 24, 2020

    Ill. School Districts Ink $1.4M Deal To End Bus Drivers' OT Suit

    Two Illinois school districts and a group of bus drivers told an Illinois federal judge Thursday they have reached a nearly $1.43 million deal to end litigation over claims the school districts failed to pay the drivers proper overtime wages.

  • September 24, 2020

    Cisco Latest Target Of Investor Suit Over Diversity Efforts

    Cisco Systems Inc. has become the latest major company to be hit with a shareholder derivative action in California federal court for allegedly falling short on its commitments to diversity.

  • September 24, 2020

    Google Tries To Bring Face ID 'Arms Race' Suit To A Halt

    Google has asked a California federal judge to toss or pause a suit accusing the company of stepping on the privacy rights of Illinois residents in the course of an "arms race" to develop facial recognition products, arguing the law cited by the plaintiffs doesn't apply outside the Prairie State.

  • September 24, 2020

    Drivers Say Fiat Chrysler Can't Dodge Lifetime Warranty Suit

    Drivers asked a Michigan federal judge Wednesday to reject Fiat Chrysler's "dubious" attempt to escape allegations it misled consumers into buying Chrysler, Dodge and Jeep vehicles that came with lifetime powertrain warranties, only to renege on the warranties years later.

  • September 24, 2020

    FTC Wrongly Got Docs In Auto Dealer DMS Suit, Court Told

    A technology provider that works with car dealerships has urged an Illinois federal judge to order the return or destruction of confidential materials it says wrongly got into the Federal Trade Commission's hands after serving as third-party testimony in an antitrust suit.

  • September 24, 2020

    MGM Resorts Sued Over 'Grossly Excessive' 401(k) Fees

    MGM Resorts International cost workers millions of dollars a year by failing to stop investment managers from hawking shoddy options and charging exorbitant fees, according to a proposed class action in Nevada federal court.

  • September 24, 2020

    Attys Clash Over Venue For COVID-19 Ski Insurance MDL

    Attorneys representing skiers and insurance companies argued before the Judicial Panel on Multidistrict Litigation on Thursday about where to host two proposed multidistrict litigation cases alleging the insurers refused to cover ski trips canceled due to COVID-19.

  • September 24, 2020

    Opioid MDL Negotiating Class Struck Down By 6th Circ.

    The Sixth Circuit on Thursday reversed an Ohio federal judge's decision to certify a novel negotiating class aimed at resolving the opioid multidistrict litigation, finding the class isn't authorized by the federal rules for class actions.

  • September 23, 2020

    DC Judge Says Gov't May Not Be Obeying Diversity Visa Order

    A D.C. federal judge said the Trump administration may have violated the court's previous orders if it told certain Diversity Visa lottery winners that they couldn't start the visa process because they weren't involved in a separate lawsuit where relief was issued for the visa seekers.

  • September 23, 2020

    NCAA Wants Clarity On Capping Academic Awards At $5.6K

    The NCAA on Tuesday asked a California federal court to confirm that it may cap academic or graduation awards at $5,600 per year under a ruling that struck down many of the organization's restrictions on education-related benefits for college athletes after an expert for the athletes suggested that ruling allows for more than $15,000 per year.

  • September 23, 2020

    Duke Energy's 401(k) Plan Management Sparks ERISA Suit

    Duke Energy was hit with a proposed ERISA class action Wednesday claiming the company let its 401(k) plan pay twice as much for services than other similar plans and cost workers millions of dollars, even though it was a "mega" plan with significant bargaining power.

Expert Analysis

  • Foreign Securities Class Actions 10 Years After Morrison

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    The U.S. Supreme Court’s landmark 2010 decision in Morrison v. National Australia Bank has had a sweeping impact on the application of the federal securities laws to transnational securities fraud, but it has not brought the predictability and consistency it promised and has exposed foreign issuers to greater U.S. class action liability, say attorneys at Cleary.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • Opinion

    9th Circ. Antitrust Ruling Threatens NFL, Free Enterprise

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    The U.S. Supreme Court should reverse a recent Ninth Circuit decision — holding that the NFL-DirecTV Sunday Ticket joint venture violates antitrust laws — because it jeopardizes a business model driving innovation in this country, says former Sen. Orrin Hatch.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • And Now A Word From The Panel: Justifying An MDL

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Ginsburg's Passing Could Usher In A Narrower TCPA

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    Justice Ruth Bader Ginsburg's broad commitment to the class action vehicle is unlikely to be shared by a Trump-appointed U.S. Supreme Court justice, suggesting a continued shift toward a narrower application of consumer protection statutes like the Telephone Consumer Protection Act, says Eric Troutman at Squire Patton.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

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