Class Action

  • December 06, 2019

    Servicer Faulted For Impeding Notice In $90M Borrower Suit

    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.

  • December 06, 2019

    Fitbit Investor Sues Over $2.1B Sale To Google

    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.

  • December 06, 2019

    Carbonite Investor Wants To Halt $1.42B OpenText Merger

    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.

  • December 06, 2019

    Don't Ignore 'Lack Of Diligence' In Mortgage Suit: Wells Fargo

    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.

  • December 06, 2019

    Data Breach Victims To Get Up To $6M In Banner Health Deal

    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.

  • December 06, 2019

    DC Circ. Doubtful Of Jurisdiction In CareFirst Data Breach Suit

    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.

  • December 06, 2019

    Nvidia Rips Morgan Stanley Analyst's Role In Stock-Drop Suit

    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.

  • December 06, 2019

    Retailer Must Face Wiretapping Claim Over Web Tracking

    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.

  • December 06, 2019

    Jones Day Wants Sanford Heisler Sanctioned In Bias Suit

    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.   

  • December 06, 2019

    Bosch Escapes VW Dealers' 'Lost Profits' RICO Suit

    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.

  • December 06, 2019

    Firms Slam Cert. Bid By Drivers In Crash Report Fishing Suit

    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.

  • December 06, 2019

    Calif. CBD Co. Sued After FDA Warning About Illegal Goods

    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.

  • December 06, 2019

    Wingstop Owner's Scans Skirt Ill. Biometric Law, Workers Say

    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.

  • December 06, 2019

    NJ Archdiocese Can't Shake $2.7M Pension Underfunding Suit

    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.

  • December 06, 2019

    Cyan Ruling Sends Oil Co. Stockholders' Suit To State Court

    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.

  • December 06, 2019

    Time Bar Keeps Suit Over Bacardi Gin In Fla. Federal 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.

  • December 06, 2019

    TikTok Brokers $1M Deal To Settle Claims It Shared Kids' Data

    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.

  • December 06, 2019

    Robbins Geller To Lead Canada Goose Stock-Drop Suit

    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.

  • December 06, 2019

    American Airlines Workers Say ERISA Row Is 'Ripe' For Cert.

    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. 

  • December 06, 2019

    DeVry Investors' $27.5M Stock-Drop Deal Gets Final OK

    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.

  • December 06, 2019

    NJ Justices Will Review 'Good Faith' Defense In OT Suit

    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.

  • December 06, 2019

    Gas Carrier Dynagas Seeks Toss Of Investor Distributions Suit

    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.

  • December 06, 2019

    Firms Win $1.7M In Fees In $6.9M Retirement Benefits Suit

    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.

  • December 06, 2019

    Chef Denied Class Cert. In Pringles Artificial Flavoring Row

    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.

  • December 05, 2019

    Facebook Asks High Court To Take Up Biometric Privacy Case

    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.

Expert Analysis

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    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.

  • Big Data, Social Media Trigger More Life Science Mass Torts

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    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.

  • US Women's Soccer Bias Suit Raises Complex Pay Questions

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    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.

  • 5 Tips For Maximizing Insurance Claims In A Hard Market

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    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.

  • And Now A Word From The Panel: It's Nothing Personal

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    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.

  • Patent Decision Highlights Cross-Appeal Considerations

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    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.

  • The Mitigation Defense Tool Your Employment Case May Need

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    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

    Book Review: Who's To Blame For The Broken Legal System?

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    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.

  • 7th Circ. Ruling Forms Split On CAFA Jurisdictional Discovery

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    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.

  • Del. M&A Case Clamps Down On MLP General Partner Liability

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    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.

  • Wage Ruling Clears Up Tip Questions For Calif. Employers

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    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.

  • How To Hire Lateral Partners More Effectively

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    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.

  • Justices Mull Interplay Of ERISA, Securities Laws In IBM Case

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    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

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    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.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    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.