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Class Action
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August 02, 2024
4 ERISA Excessive Health Fee Suits To Watch
The Third Circuit will decide whether to revive a suit from MetLife workers alleging their pharmacy benefits were mismanaged, while suits proceed in district court against Wells Fargo and Johnson & Johnson alleging they violated the Employee Retirement Income Security Act via high drug costs a pharmacy benefit manager charged workers. Here, Law360 looks at four cases involving claims that employers violated ERISA by charging high healthcare costs — including for prescription drugs — that attorneys are watching.
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August 02, 2024
New NJ Policy On Newborn Blood Falls Short, Parents Say
New Jersey's voluntary changes in its newborn-blood-testing policy fall short of solving constitutional problems with the program that screens infants for 62 disorders, a group of Garden State parents contend in their amended complaint filed Friday in federal court in a proposed class action against the state.
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August 02, 2024
Allstate Plan Participants Want $70M ERISA Case Kept In Play
Claims by a proposed class of current and former Allstate workers that the insurer cost them nearly $70 million by keeping poor-performing funds in their retirement plan should head to trial, the workers argued Friday while urging an Illinois federal court not to toss the suit.
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August 02, 2024
Data Breach Victims Seek $1.5M Settlement Approval
Three individuals suing a construction industry insurer over a data breach asked a North Carolina federal court to approve a nearly $1.5 million settlement to end their proposed class action accusing the insurer of failing to protect the information of policyholders, employees and stakeholders.
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August 02, 2024
PTAB Told To Punish Mylan For Allegedly Breaking Fintiv Vow
Novo Nordisk is urging the Patent Trial and Appeal Board to sanction Mylan for pursuing claims to invalidate a patent covering the blockbuster diabetes and weight loss drug Ozempic in Delaware district court, despite an explicit promise not to do so.
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August 02, 2024
Prosecutors Back NJ Judicial Privacy Law's Constitutionality
Daniel's Law is a "commonsense" measure necessary to counter the surge in threats and violence against judges and law enforcement officers, and it places only a "modest" burden on commercial data brokers, federal prosecutors told a New Jersey federal court weighing the future of the law.
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August 02, 2024
FedEx Drivers Accept $166K Deal To Close Out OT Suit
Two Massachusetts FedEx drivers claiming the logistics giant shorted them on overtime wages accepted an offer to end the litigation in their favor months before trial for $20,000 each, plus $126,000 in attorney fees.
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August 02, 2024
Four Plaintiffs Tossed From Merck Gardasil Vaccine MDL
A North Carolina federal judge has thrown out claims from four patients in multidistrict litigation alleging they suffered injuries as a result of taking Merck's Gardasil HPV vaccine, saying three of them didn't file a petition with the federal vaccine injury program on time, while the fourth never filed his petition at all.
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August 02, 2024
Off The Bench: NFL Reversal, Drone Spying, UFC Deal Tossed
In this week's Off The Bench, a bombshell ruling wipes out a $4.7 billion antitrust verdict against the NFL, Canada takes it on the chin for Olympic drone spying, and a nine-figure settlement to address UFC wage suppression is rejected.
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August 01, 2024
Boar's Head Faces Putative Class Action Over Listeria Recall
A New York woman has filed a proposed class action against Boar's Head in the midst of its widespread recall of meat and poultry products due to a potential listeria outbreak, claiming that the company failed to disclose to consumers that its products were contaminated.
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August 01, 2024
Toyota Accused Of Blocking Rival Hydrogen Fueling Station
Owners of hydrogen-powered Toyota Mirais are suing the automaker, claiming in a proposed class action that Toyota blacklisted a California State University fuel station and has its "boot on the necks" of other hydrogen pump operators in the state.
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August 01, 2024
NFL Sacks $4.7B Sunday Ticket Verdict With Post-Trial Win
A California federal judge on Thursday overturned a Los Angeles jury's $4.7 billion verdict against the National Football League for violating antitrust laws with its Sunday Ticket television package, granting the league a post-trial win by finding that the plaintiffs' damages experts presented "flawed methodologies."
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August 01, 2024
Male Sex Drug Labeled As 'Natural' Contains Viagra, Suit Says
Sellers of the male enhancement drug Ryder XL, purportedly made with natural herbal ingredients, are facing a proposed class action in New Jersey federal court that accuses them of "dosing" consumers with large amounts of Viagra and Cialis without a prescription of physician oversight.
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August 01, 2024
MultiPlan, Insurance Cos. Must Face Collusion MDL In Illinois
The Judicial Panel on Multidistrict Litigation on Thursday centralized in Chicago six class actions challenging the MultiPlan pricing tools that healthcare providers allege are used by UnitedHealth, Aetna, Cigna and other major insurers to systematically underpay out-of-network providers, with more than a dozen similar lawsuits potentially tagging along.
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August 01, 2024
Employers Urge Justices Take Up Withdrawal Liability Fight
The U.S. Supreme Court must resolve a circuit split over how to calculate the bills sent to companies that leave union pension plans, a group of employers has argued, fighting an argument by the trustees of an International Association of Machinists pension fund that the split is "tolerable."
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August 01, 2024
Staffing Agency Not Covered In Pay Law Row, Insurer Says
An insurer told a Washington federal court that it has no obligation to cover a home healthcare staffing agency in an underlying proposed class action accusing the agency of violating the Washington Equal Pay and Opportunities Act, maintaining that the underlying allegations fall outside the scope of its policy.
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August 01, 2024
Pa. Workers' OT Claims Over Pensions Stand, Judge Says
Federal labor law doesn't preempt some claims from unionized hospital workers in Pennsylvania over incorrect overtime pay, a federal judge determined, saying interpretation of a labor contract laying out the calculation of wage rates and pension contributions isn't necessary to resolve those allegations.
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August 01, 2024
Duane Morris Atty Says White Men Get Unfair Leg Up On Pay
A Black attorney sued Duane Morris LLP in California federal court, alleging the firm systemically underpaid female and nonwhite attorneys while also engaging in an employee misclassification scheme that allowed it to offload firm expenses onto nonequity partners.
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August 01, 2024
JPML Greenlights Shale Oil Price-Fixing MDL In New Mexico
A group of U.S. shale oil producers will have to defend claims that they conspired with OPEC to artificially inflate gas prices in New Mexico federal court after the U.S. Judicial Panel on Multidistrict Litigation centralized at least five suits there Thursday.
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August 01, 2024
Auto Parts Co. Denied Immigrant Workers Full Pay, Suit Says
Aftermarket auto parts company Parts Authority schemed to target new immigrants, mostly from Guyana, to work as cheap labor at a New York warehouse, one former Guyanese employee alleged in a potential class action filed in New York federal court.
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August 01, 2024
JPML Won't Form MDL Of 35 Acne Product Benzene Suits
The Judicial Panel on Multidistrict Litigation on Thursday declined to consolidate 35 suits alleging Johnson & Johnson Consumer Inc., CVS Pharmacy Inc., Target Corp. and others sold acne products that could break down into the carcinogen benzene, saying they don't have enough in common to warrant an MDL.
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August 01, 2024
Chipotle Bundled 'Service Fee' With Tax To Hide It, Suit Says
Chipotle customers filed a proposed false advertising class action in California federal court Wednesday accusing the fast-casual Mexican chain of tacking on secret "eye-popping service fees" bundled with a "tax" for online delivery orders at the end of the checkout process that purportedly ends up in Chipotle's own coffers.
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August 01, 2024
ACLU, ICE Strike Deal To End Prolonged Detention Case
The American Civil Liberties Union of Virginia called off claims that U.S. Immigration and Customs Enforcement was detaining immigrants who have won asylum and other humanitarian immigration protections, after the agency agreed to consider releasing dozens of individuals.
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August 01, 2024
Beanbag Chair Maker Offers $615K To End Conn. Stock Suit
A Connecticut-based maker of beanbag chairs and modular sofas that in 2019 sought to raise $100 million through a secondary share offering has asked a federal judge to approve a $615,000 settlement with a group of investors angry over alleged financial moves that caused a stock price dip.
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August 01, 2024
5th Circ. Says Oil Crossing State Lines Made Work Interstate
The crude oil that a worker transported travels outside of Texas and thus is part of an interstate trip, the Fifth Circuit ruled, flipping a district court's decision that the Motor Carrier Act exemption didn't apply to a transporter who sought unpaid overtime.
Expert Analysis
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.