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TOP NEWS Bias Charge Is 'Dangerous Fiction,' Opioid MDL Judge Says The Ohio federal judge overseeing multidistrict opioid litigation lambasted Walgreen Co., CVS Health Corp. and other pharmacy giants Tuesday for seeking his disqualification from the sprawling MDL, telling the Sixth Circuit that allegations of bias are reckless and untrue.
Boeing Says 90% Of Claims Settled In Lion Air Crash Suit Boeing told an Illinois federal court Tuesday that it has inked deals to resolve more than 90% of wrongful death claims stemming from the October 2018 Lion Air crash involving the now notorious 737 Max 8 model airplane, which killed all 189 passengers on board.
Wirecard Faces Stock Drop Suit Over Missing $2.1B Scandal A Wirecard AG investor hit the German online payments company with a putative stock drop class action in Pennsylvania federal court Tuesday, alleging that an accounting scandal that centers on a missing €1.9 billion ($2.1 billion) and the subsequent arrest of its former CEO caused shares to tank.
Mike Bloomberg Added To Ex-Campaign Workers' Suit A woman who worked on New York billionaire Mike Bloomberg's failed presidential bid as a field organizer hit the campaign Monday with an amended class action suit that claims Bloomberg himself reneged on a promise to employ her and others through November.
Maine Fends Off Challenge Against Internet Privacy Law Maine notched a significant victory Tuesday after a federal judge rejected internet service providers' bid to overturn the state's new landmark online privacy statute on First Amendment grounds and ruled that the law limiting the use of customers' personal data is not preempted by federal law.
Chancery Won't Halt GPB Capital Mismanagement Suit A Delaware vice chancellor Tuesday refused to halt a derivative lawsuit filed against GPB Capital Holdings LLC and its officers alleging mismanagement of a general partnership that invests in automobile dealership groups, despite a call to stay the case as similar actions proceed elsewhere. Resideo Brass Accused Of Misrepresenting Honeywell Spinoff A Resideo Technologies Inc. investor filed a derivative lawsuit Tuesday in Delaware federal court alleging the company's officers misled the public about the financial ramifications of its 2018 spinoff from Honeywell, resulting in a significant stock price drop when the company's financial woes were revealed.
CBD Co.'s Deal OK'd In Shareholder Insider Trading Suit A Maryland federal judge has approved a deal reached between shareholders and a CBD company in a suit alleging the company lied about plans to manufacture a CBD drink and reaped more than $800,000 through insider trading.
Pharma Exec Wants Out Of Hemp Co. Shareholder Suit Pharmaceutical company PrimaPharma Inc. and its CEO urged an Oklahoma federal judge to toss them from a shareholders' suit against cannabis company Upper Street Marketing on the grounds that they have little involvement in the alleged malfeasance.
Silver Co. Investors Want $13M Atty Fees In $41.5M Settlement Investors in a Canadian silver company have asked a California federal judge to award them over $13 million in attorney fees following a $41.5 million deal to settle allegations the company failed to disclose millions in tax liabilities.
Merck, Glenmark Implore Court To Reject Zetia Class Cert. Merck and Glenmark Pharmaceuticals are trying to convince a Virginia federal court to smack down a magistrate's recommendation to certify a class of direct purchasers who have accused the duo of conspiring to keep a generic version of the cholesterol drug Zetia off the market.
Revive Free Speech Case Against Tech Cos., DC Circ. Told The conservative group Freedom Watch and activist Laura Loomer have urged the full D.C. Circuit bench to resurrect their $1.5 billion antitrust and First Amendment claims accusing Google, Facebook, Twitter and Apple of conspiring to suppress conservative viewpoints on their platforms.
Haiti Wants Out Of Price-Fixing Class Action Haiti's president and his two predecessors have asked a New York federal judge to toss a proposed class action that alleges they, the Haitian government and a telecommunications provider in Haiti ran a price-fixing scheme on international phone calls and money transfers, arguing that these claims lack jurisdiction like the others that were already dismissed.
Drivers Fight Trucking Cos.' Bid To Nix Antitrust Claims A proposed nationwide class of truck drivers has urged a California federal judge to reject a request to toss their antitrust claims against four trucking companies, saying Monday that the companies' bid was already rebuffed by the court.
JB Hunt Transport Drivers Ink $6.5M Misclassification Deal A proposed class of J.B. Hunt truck drivers on Monday asked a California federal judge for preliminary approval of a $6.5 million settlement to end a lawsuit accusing the trucking company of misclassifying drivers as independent contractors instead of employees.
CDI Hit With ERISA Suit Over 401(k) Plan Management Two former employees of CDI Corp. hit the engineering solutions company with a proposed ERISA class action Tuesday, claiming the company wasted their and others' retirement savings on unreasonably high fees and unnecessarily costly investment options.
Shell Workers Say Personal Info Is Plan Asset In ERISA Fight A proposed class of current and former Shell workers has urged a Texas federal judge not to toss their ERISA suit claiming Fidelity and affiliates were wrongly allowed to use their confidential data for marketing, arguing that information qualifies as plan assets.
Pensioners Chide Northrop For Reaching Out To Retiree Defense contractor Northrop Grumman should be ordered to stop trying to contact a retiree in connection with a benefits lawsuit the company faces, a class of pension plan participants told a California federal judge Monday.
Staffing Co., Manufacturer Sued For Race Bias In Placements A temporary staffing agency and an Illinois manufacturer have unlawfully passed up African Americans in favor of mainly Hispanic workers for job assignments and permanent job placement, a proposed class claimed in federal court Monday.
Atty Lien Allowed In GM Ignition MDL Despite 'Serious' Lapses A New York federal judge has reopened a General Motors ignition switch case to allow a lien for attorney fees despite what he called "serious" professional lapses by the plaintiff's former and current counsel.
Consumers Rip Tesla In Sudden Acceleration Defect Suit Tesla's dogged pursuit of electric-vehicle innovation has compromised safety, resulting in defectively designed cars that could abruptly accelerate without warning, according to a revamped 54-count proposed class action filed in California federal court Monday.
9th Circ. Urged To OK $7M Atty Fees In ConAgra Label Fight The Ninth Circuit should affirm a California federal court's blessing of a settlement in which attorneys received nearly seven times what class members obtained in a dispute over ConAgra Foods Inc.'s labeling on oil products, as the deal conforms with legal precedent, the class has argued.
Facebook Urges High Court To Finally Tackle Autodialer Split A day after the U.S. Supreme Court resolved a debate over the constitutionality of the Telephone Consumer Protection Act's autodialer provision, Facebook on Tuesday urged the justices to act on its long-pending request to settle the score over what types of dialing equipment trigger liability under the decades-old statute.
CVS Forced Customers To Buy Overdose Drug, Suit Claims A California woman is suing CVS Pharmacy Inc. in state court, alleging it illegally forced her to buy drugs for reversing an opioid overdose before filling her prescription for painkillers.
Ill. McDonald's Owner Hit With Finger Scan Privacy Suit An Illinois McDonald's franchise owner got hit with proposed class claims Monday that the company has violated its employees' biometric privacy rights by requiring them to scan their fingerprints to track their work time without first obtaining their informed consent.
Reused T-Mobile Numbers Caused IMessage Mix-ups: Suit Apple and T-Mobile have been hit with a putative class action in New York federal court from iPhone buyers who say their privacy was breached by an undisclosed software flaw that linked the Apple IDs of strangers unwittingly given recycled phone numbers.
Judge 'Skeptical' Of Settlement For Future Roundup Claims A California federal judge has refused to postpone a hearing on a proposed $1.25 billion class action settlement seeking to resolve potential claims from users of Monsanto's Roundup weedkiller who haven't sued the company or developed cancer yet, saying there's no reason to delay when the court is already "skeptical" that the settlement is fair.
Bar Slaps Insurer's Bid To Get Ohio Justices In COVID-19 Row An Ohio bar urged a federal judge to reject Cincinnati Insurance Co.'s bid to bring in the Ohio Supreme Court to certify whether COVID-19 causes a physical loss at the heart of the insurer's case, saying the issues don't involve questions of state law but are governed by "universal principles" for interpreting "standardized" insurance terms.
Amerisource Tries To Save CEO From Opioid Bellwether Depo AmerisourceBergen Drug Corp. has urged a West Virginia federal judge to undo a special master's order that its CEO testify in the second bellwether opioid suit expected to head to trial in federal multidistrict litigation, arguing that the ruling opens the floodgates to "limitless" depositions of the executive.
Private Prison Co. Investors Sue For Virus-Linked Stock Drop The GEO Group Inc. was hit with a proposed class action Tuesday in Florida federal court alleging the private prison operator made misleading statements about its response to the COVID-19 pandemic, resulting in damage to investors after an article revealed woeful conditions at one of its halfway houses.
Wildfire Victims Can't Get New Look At PG&E Ch. 11 Vote A California bankruptcy judge has denied a request by wildfire victims to have an examiner look into the vote to approve PG&E's Chapter 11 plan, saying the fire victims' committee has already investigated and found the vote valid.
NCAA Appealing 9th Circ. Athlete Pay Ruling To High Court The NCAA has told the Ninth Circuit it intends to ask the U.S. Supreme Court to review a recent ruling in an antitrust case that struck down caps to education-related benefits for college athletes, saying it "opens the door to massive cash payments."
What High Court Ruling Means For TCPA's Future The U.S. Supreme Court’s ruling in Barr v. American Association of Political Consultants — striking down the Telephone Consumer Protection Act’s exemption for calls made to collect debts to the government — means that businesses will need to look to other vehicles to disrupt the continuing wave of lawyer-driven TCPA litigation, say attorneys at Cozen O'Connor.
Versatile Defense Strategy Is Best For Privacy Class Actions Recent federal court decisions reveal that an immediate, aggressive and multifaceted response to increasingly frequent consumer class actions under Illinois' and California's privacy laws should resolve the controversy before costly and time-consuming litigation, say attorneys at Squire Patton. A Guide To Drafting Enforceable Arbitration Clauses In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag. Are Your Slack Communications Primed For E-Discovery? With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn. Chief Justice Hospitalized In June, Supreme Court Confirms Chief Justice John Roberts was hospitalized last month after injuring himself in a fall, the U.S. Supreme Court said in a statement Tuesday, confirming a report in the Washington Post. Analysis Molotov Cases Prosecuted Like Terrorism In All But Name Brooklyn federal prosecutors have stopped just short of invoking the legally and politically fraught term “terrorism” against the defendants, including a now-suspended Pryor Cashman associate, in alleged Molotov cocktail attacks on NYPD vehicles. Black Leaders Call Out Diversity 'Excuses' Law Firms Make Despite decades of efforts to create a more equal and inclusive legal profession, more change is urgently needed, a panel of top Black attorneys said on Tuesday, pointing to several "excuses" law firms tend to make when failing to hire and promote Black lawyers. Midyear Report: The Biggest Legal Ethics Moments So Far With the COVID-19 pandemic dominating the headlines and just about everything else this year, there has still been plenty happening in the world of legal ethics, from the culmination of an unusual probe into a lawyer fee award to a major court setback for New York’s new prosecutor watchdog group. Oyez! High Court's 1st Female Marshal, Reporter Are Retiring U.S. Supreme Court Marshal Pamela Talkin and Reporter of Decisions Christine Luchok Fallon, the first women to serve in those roles, are retiring this year after nearly 50 years of combined service at the court. Hughes Hubbard Lays Off Associates Amid Pandemic Despite claiming a small business loan as part of the federal government's COVID-19 relief efforts, New York law firm Hughes Hubbard & Reed LLP confirmed Tuesday that it had laid off an undisclosed number of associates and staff to weather the pandemic. NYC Grand Juries To Return To State Courthouses In August Grand juries will begin to reconvene in New York City state courts starting on Aug. 10, and some criminal matters that have been heard remotely since the beginning of the COVID-19 pandemic may soon be heard in person, the New York State Unified Court System announced Tuesday. Coronavirus Regulations: A State-By-State Week In Review The uptick in the spread of COVID-19 reenergized an emphasis on face coverings this past week, leading to a public awareness campaign in California and a new law in Texas. And in Pennsylvania, Gov. Tom Wolf shared World Health Organization research in an effort to get commonwealth citizens to cover up. Seyfarth Opens Seattle Office With Labor, Real Estate Focus Seyfarth Shaw LLP on Tuesday announced the launch of a new Seattle office with a focus on real estate and labor law, with the firm saying it decided to move ahead with the planned expansion into the Pacific Northwest despite the COVID-19 pandemic. Firm Must Produce Email Allegedly Used To Blackmail Judge A Florida judge ordered Tripp Scott PA on Tuesday to produce an email sent to one of its former attorneys allegedly containing nude photographs of a Palm Beach County judge that the judge says were later used by a prominent Fort Lauderdale attorney to blackmail her. Ex-National Economic Council Deputy Joins Mayer Brown Former White House economic adviser Andrew Olmem has returned to Mayer Brown LLP, joining the firm's public policy, regulatory and political law practice after taking part in the development and coordination of U.S. economic policies in various sectors.
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