Class Action

  • May 22, 2024

    Teva, Bristol-Myers Cite Bystolic Against Cancer Drug Case

    Celgene and parent Bristol-Myers Squibb pointed a New Jersey federal judge to the dismissal, recently upheld by the Second Circuit, of an antitrust suit over delayed generic competition to AbbVie's hypertension treatment Bystolic to argue the same logic applies to their bid to duck antitrust claims over cancer therapies.

  • May 22, 2024

    $600M Norfolk Southern Derailment Deal Gets Early Court OK

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, cleared a litigation hurdle Tuesday after a federal judge tentatively signed off on a proposed $600 million settlement between the rail giant and thousands of impacted residents and businesses.

  • May 22, 2024

    Del. Supreme Court Affirms AMC Shareholder Settlement

    Delaware's Supreme Court declared Wednesday that there shall be no sequel to the drama from common stockholders of AMC Entertainment Holdings Inc. who objected to a class settlement of litigation in the state's Chancery Court.

  • May 22, 2024

    Mich. Judge Gives Final OK To Engineering Co. $8M Flint Deal

    A Michigan federal judge granted final approval of an $8 million settlement between a civil engineering company and Flint, Michigan, residents, putting to rest claims the company failed to warn them of likely lead contamination that triggered a drinking water crisis in the city.

  • May 22, 2024

    Chanel Stiffs Calif. Workers On Meal Breaks, OT, Court Told

    Hourly employees at Chanel in California have not been paid for all their hours worked, including missed meal breaks and overtime, a former worker told a state court.

  • May 21, 2024

    Pacific Seafood Beats Crab Price-Fixing Claims, For Now

    A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.

  • May 21, 2024

    Paramount Pictures Violated Wage Laws, Crew Member Says

    Paramount Pictures Corp. failed to pay crew members working on movie productions their total wages, denied them proper rest breaks and refused to reimburse them for out-of-pocket expenses, according to a proposed Private Attorneys General Act class action filed Monday in California state court.

  • May 21, 2024

    MetLife Workers Tell 3rd Circ. Higher Premiums Give Standing

    A group of MetLife Group Inc. retirees insisted to the Third Circuit on Tuesday that they would have had lower health insurance premiums had MetLife not kept millions in pharmacy rebates, and that MetLife's actions gave them standing to sue — or at least to seek more information on how the company should spend the money.

  • May 21, 2024

    LoanDepot's $3.5M Deal In IPO Disclosure Suit Gets Final OK

    A California federal judge has granted final approval to LoanDepot's $3.5 million settlement in a suit alleging it misled investors leading up to the company's initial public offering, despite a shareholder's objection that the settlement is insufficient.

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

  • May 21, 2024

    Ship Engineers Take Case Against Shipbuilders To 4th Circ.

    A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.

  • May 21, 2024

    Molson Coors' Mimosas More Water Than Wine, Suit Says

    Two consumers hit Molson Coors Beverage Co. with a proposed class action Monday in Missouri federal court, alleging that the company's mimosa drinks are misbranded because they are not made with sparkling wine but rather made with sparkling water and sugar and contain only small amounts of orange juice.

  • May 21, 2024

    Conn. Bank Hit With Suit Over 'Crippling' Overdraft Fees

    Connecticut-based Ion Bank is the latest financial institution to face a putative class action alleging it violated its agreements with customers by imposing overdraft fees on certain transactions.

  • May 21, 2024

    MLB Scouts' Colo. Age Bias Suit Moved To New York

    A Colorado federal judge refused to dismiss an age bias suit brought against Major League Baseball by a group of 40-and-older scouts and instead transferred the case to New York, saying he was using his discretionary authority because most defendants have no ties to his district.

  • May 21, 2024

    NY High Court Upholds State Abortion Coverage Mandate

    New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.

  • May 21, 2024

    Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit

    A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.

  • May 21, 2024

    SPAC Investor's Suit Changes Came Too Late, Chancery Rules

    A shareholder of a special-purpose acquisition company that merged with a now-defunct medical technology company in 2021 waited too long to amend his year-old proposed class action and must defend the case against a motion to dismiss in June, Delaware's Court of Chancery said Tuesday.

  • May 21, 2024

    Towing Co. Denies Liability For Chicago Scrapping Rule

    Chicago's contracted towing company says it is not the "moving force" behind a policy at the center of a proposed class action by Windy City residents whose vehicles were scrapped because they failed to pay tickets.

  • May 21, 2024

    Tuna Buyers Seeking $1B In July Price-Fixing Trial

    Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.

  • May 21, 2024

    9th Circ. Rejects Quick Section 230 Appeal In Casino App MDL

    The Ninth Circuit refused to weigh in Tuesday on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, finding that deciding the issue on an interlocutory appeal would be a premature, advisory opinion.

  • May 21, 2024

    Binance User Must Arbitrate Facial Scan BIPA Fight

    An Illinois federal judge has sent to arbitration a proposed class action alleging Binance.US' trading platform violated Illinois' Biometric Information Privacy Act by scanning and storing users' unique facial geometry as part of its identity-verification process, finding the lead plaintiff hasn't shown she never agreed to arbitration.

  • May 21, 2024

    Online Game Sites Hit With Class Claims For 'Illegal' Gambling

    The operators of online games Chumba Casino, LuckyLand Slots and Global Poker have been slapped with a proposed class action in Georgia federal court accusing them of conducting illegal commercial gambling operations in the Peach State.

  • May 21, 2024

    BASF Agrees To $316.5M Settlement In PFAS Foam MDL

    Attorneys representing public water systems in a South Carolina multidistrict litigation over so-called forever chemicals in drinking water announced Tuesday that they've reached an agreement in principle with defendant BASF Corp., which will pay $316.5 million to resolve the claims.

  • May 21, 2024

    $93M Lipitor Antitrust Deal Sparks Dispute Over Fee Division

    Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor are squabbling over how to divide up to $31 million in attorney fees before a New Jersey federal judge even approves the total, according to court documents.

  • May 21, 2024

    Conn. Law Firm's Trade Secrets Case Likely Moving To Fla.

    A trade secrets lawsuit brought by a Greenwich, Connecticut, law firm against a former independent contractor is poised to move to the Southern District of Florida after a federal judge in Hartford said Tuesday that a new venue appears to be more appropriate.

Expert Analysis

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Devil's In The Details On FDCPA, Article III Standing

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    The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Examining Illinois Genetic Privacy Law Amid Deluge Of Claims

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    After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.

  • Standardizing Early Case Appraisal In Securities Class Actions

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    While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

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    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • Key Antitrust Class Certification Questions Remain Unclear

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    The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Keeping Up With Class Actions: A New Era Of Higher Stakes

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    Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.

  • What's Notable In JAMS' New Mass Arbitration Rules

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    The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

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