Class Action

  • August 19, 2019

    Attys Win $29M Fees In Samsung, Sony Battery Settlement

    A California federal judge approved $29 million in attorney fees Friday as part of a $113 million final settlement that resolves claims that Samsung, Sony and others fixed lithium-ion battery prices.

  • August 19, 2019

    Lumber Liquidators Can't Chop Down OT Collective Action

    A Brooklyn federal judge on Monday upheld the conditional certification of a nationwide collective action alleging Lumber Liquidators unfairly denied its managers overtime, rejecting the retailer’s claims the court only has the power to decide New Yorkers’ claims.

  • August 19, 2019

    Attorneys Score $20M For Work On ABB 401(k) Class Action

    The attorneys who represented workers in a 13-year battle with ABB Inc. over excessive 401(k) plan fees will go home with roughly $20 million after securing a $55 million settlement with the technology company.

  • August 16, 2019

    Don't Halt Google Workplace Misconduct Suit, Chancery Told

    The investor who filed a derivative suit against the board for Google's parent company for alleged workplace harassment and other failings by officers told the Delaware Chancery Court on Friday it should reject a second bid to halt the case that came just weeks after the court denied the first.

  • August 16, 2019

    Safeway's $1.45M PAGA Deal Over Pay Stubs Gets Initial OK

    A California judge preliminarily approved on Friday Safeway Inc.'s $1.45 million deal that would resolve putative class claims brought under the Private Attorneys General Act on behalf of 35,000 Golden State workers that the supermarket chain provided them with inaccurate pay stubs.

  • August 16, 2019

    Chemo MDL Patients Shred Sanofi Bid To Delay Bellwether

    Plaintiffs pursuing multidistrict litigation against several drug companies over their alleged failure to warn cancer patients of the “devastating” permanent hair loss caused by the chemotherapy drug Taxotere have heaped criticism on defendant Sanofi’s attempt to delay a first bellwether trial scheduled to start in weeks.

  • August 16, 2019

    Minor Leaguers Notch 9th Circ. Win On Cert. In MLB Pay Suit

    Minor League Baseball players suing over starvation wages in the farm system scored a home run on Friday as the Ninth Circuit upheld a lower court's decision to certify a national Fair Labor Standards Act collective and California class, and said it should have certified classes in Arizona and Florida, too.

  • August 16, 2019

    US Bank's High Court Pension Row May Have Broad Impact

    A U.S. Supreme Court case pitting pensioners against US Bank could have a wide-ranging impact on who can bring Employee Retirement Income Security Act suits, whether they pay into a defined-benefit pension plan or a 401(k) plan.

  • August 16, 2019

    Atty Can't Tap Into Receiver Assets In Belize Fraud Case

    A Maryland federal judge has denied a defendant's bid to release restrained funds so he can pay his lawyer about $189,000 in fees and costs in a Belize property sales case, which the Federal Trade Commission calls the largest overseas real estate investment scam it has ever targeted.

  • August 16, 2019

    9th Circ. Revives Exotic Dancers' FLSA Suit Against Club

    The Ninth Circuit on Friday revived a Fair Labor Standards Act suit brought against an Arizona strip club by exotic dancers who claim they were not paid, ruling that the question of whether the women are employees or independent contractors should be determined later in the proceedings.

  • August 16, 2019

    Blue Bottle's Wage Deal 'Suggests Collusion,' Judge Says

    A California judge won't preliminarily approve Blue Bottle's $1.5 million deal to resolve workers' labor claims, explaining Friday that a provision sending unclaimed funds back to the company is "unreasonable and suggests collusion" between defense counsel and the Nestlé-owned artisan coffee chain.

  • August 16, 2019

    AT&T Urges 7th Circ. To Dump Appeal In Junk-Text Suit

    AT&T has asked the Seventh Circuit to reject an appeal of its lower court win in a lawsuit over mass texts sent to customers in Spanish, saying the plain language of the Telephone Consumer Protection Act contradicts consumers' arguments that the texts violated the law.

  • August 16, 2019

    Parents Seek Class Cert. In Autism Therapy Coverage Suit

    Two parents alleging their child was wrongly denied coverage for an autism treatment have asked a Washington federal judge to certify two classes in their suit against Blue Cross and Blue Shield of Illinois and Catholic Health Initiatives.

  • August 16, 2019

    7th Circ. Nixes Sanctions In Medicare Reimbursement Suit

    The Seventh Circuit ruled Thursday that a lower court erred when it dismissed a lawsuit accusing State Farm of failing to reimburse Medicare Advantage organizations for medical expenses arising from car accidents and imposed sanctions on the groups’ attorneys for an “understandable” mix-up.

  • August 16, 2019

    LabCorp Can’t Escape All Claims In Suit Over Lab Test Billing

    A North Carolina federal judge on Friday refused to completely toss a proposed class action accusing LabCorp of overcharging certain patients for lab tests without any pricing agreement, but agreed to ax one claim and narrow the scope of most of the others.

  • August 16, 2019

    Construction Co. Can't Toss Overtime Suit, Workers Say

    A proposed class of construction workers urged a New York federal court on Friday to keep its claims alive, arguing that a contractor that oversaw workers' hours and dictated tasks must face claims of unpaid overtime wages.

  • August 16, 2019

    Nano Developers Seek Toss Of Cryptocurrency Theft Suit

    The makers of Nano, a cryptocurrency that was stolen in the $170 million hack of an Italian trading exchange, pushed a California federal court Thursday to toss the proposed class action over the theft, arguing that the buyers' claims were brought too late.

  • August 16, 2019

    Curo Says Investors Can't Show It Hid Regulatory Risks

    Online lender Curo urged a Kansas federal judge to throw out a proposed class action accusing it of concealing the impact of regulatory changes on its rollout of new products in Canada, contending that shareholders are pleading “fraud by hindsight.”

  • August 16, 2019

    Truck Heater Price-Fixing Deal Gets Judge's Recommendation

    A New York federal judge has recommended approving settlements totaling about $23 million between two groups of customers and two manufacturers of portable truck heaters after the companies were accused of teaming up to fix prices.

  • August 16, 2019

    Glenmark Wants Out Of Pharmacies' Pay-For-Delay Lawsuits

    Glenmark Pharmaceuticals wants out of an antitrust suit tied to the cholesterol drug Zetia, telling a Virginia federal judge that new claims accusing it of working up a three-way conspiracy with two other drug companies to keep generic versions of the medication off the market are "implausible."

  • August 16, 2019

    Walmart Knew Gift Cards Were Tampered With, Buyers Say

    A group of consumers have accused Walmart in Arkansas federal court of knowingly selling store gift cards that had been tampered with by scammers and failing to inform buyers that their cards could be affected.

  • August 16, 2019

    Uber Wants Out Of Calif. E-Scooter Nuisance Suit

    Uber told a California federal court that residents with disabilities don't have standing to sue electric bike and scooter companies for allegedly making Los Angeles sidewalks inaccessible, saying their disability discrimination and public nuisance claims don't hold up.

  • August 16, 2019

    Shuttered Investment Co.'s Libor Claims Against UBS Tossed

    A New York federal court on Friday dismissed antitrust claims against UBS in a proposed class action over alleged Libor rigging, finding that a defunct investment company didn't transfer the rights to pursue the claims before it dissolved.

  • August 16, 2019

    Citi Investors Drop $2.3B Toxic Mortgage Class Action

    A New York state judge on Friday approved a move by a proposed class of Citibank NA investors to drop their lawsuit against the bank for claims they lost $2.3 billion because Citibank ignored widespread problems with toxic residential mortgage-backed securities.

  • August 16, 2019

    Mavenir Says Judge Missed Investor Suit's 'Suspicious' Roots

    Tech company Mavenir Inc. has urged a Delaware federal court to overrule a magistrate judge's opinion that an alleged conflict involving an attorney's move from DLA Piper to Labaton Sucharow LLP shouldn't bar a shareholder that's suing the tech company from keeping other firms as counsel in the case.

Expert Analysis

  • Class Settlements And The Risks Of Viral Media Attention

    Author Photo

    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

    Author Photo

    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Calif. Justices Set Low Bar For Website Bias Claims

    Author Photo

    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • When A Click Doesn't Count As Arbitration Acceptance

    Author Photo

    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

    Author Photo

    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Perspectives

    What You Should Know About Courtroom Closures

    Author Photo

    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

    Author Photo

    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • Pa. Justices Could Shift State's Consumer Litigation

    Author Photo

    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • FLSA Overtime Deal Highlights Worker Classification Priorities

    Author Photo

    A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

    Author Photo

    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

    Author Photo

    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

    Author Photo

    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

    Author Photo

    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • Durational Disconnect Between Cartel Pleas And Class Certs.

    Author Photo

    Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

  • 3rd Circ. Decision Limits Liability Of Board Observers

    Author Photo

    The Third Circuit's ruling that nonvoting board observers did not carry the same fiduciary duties as actual board members in Obasi Investment v. Tibet Pharmaceuticals holds broad applicability for private equity, venture capital funds and other third parties that frequently designate board observers, say attorneys at White and Williams.