Jessica Karmasek News
U.S. SC’s decision in Gomez leaves class action questions on the table
In January, the nation’s highest court ruled that an unaccepted offer of complete relief to a named plaintiff in a putative class action lawsuit does not moot the plaintiff’s claim. But it would not decide whether the result would be different if a defendant deposits the full amount of the plaintiff’s individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount.
Lawyer wants his share of fees awarded in tobacco class action
Nevada attorney Donald J. Bernard filed a complaint in a Louisiana federal court last month, seeking his portion of the $114 million in fees awarded in 2011. He points to his relationship with the class representative and work on the litigation.
Plaintiffs law firm seeks U.S. SC review of malpractice class action filed against it
According to the Supreme Court docket, the case is set for conference March 18. Attorneys for Milberg LLP argue the continued prosecution of the matter as a class action is time barred and the claims of the putative class members have expired.
Missouri jury orders Johnson & Johnson to pay $72 million in class action over talc powder
The St. Louis City Circuit Court found the company guilty of negligence, conspiracy and fraud.
Class actions filed against daily fantasy sports websites consolidated
Earlier this month, six members of the U.S. Judicial Panel on Multidistrict Litigation selected the U.S. District Court for the District of Massachusetts to handle the lawsuits against DraftKings Inc. and FanDuel Inc.
Chicago plaintiffs firm is plaintiff in class action lawsuit against telecom company
Cafferty Clobes Meriwether & Sprengel LLP argues that XO Communications Services LLC failed to properly notify the law firm of its contract’s automatic renewal and then charged the firm excessive early termination fees.
Comcast the latest telephone service provider to be hit with lawsuit over 911 fees in Georgia
The company was served with a complaint by both Cobb and Gwinnett counties last month. Comcast now wants the lawsuit removed to federal court. The counties began filing lawsuits against various service providers in December.
Fifth Circuit rules class action over mineral interests should stay in federal court
A majority of the federal appeals court sided with a group of oil and gas companies in a lawsuit filed by a class of 3,000-5,000 post-foreclosure owners of disputed mineral interests. The judges said the plaintiff’s state court petition was ambiguous as to the scope of the proposed class and therefore should not be remanded to a Texas state court.
States file opening briefs against EPA’s Clean Power Plan in D.C. Circuit
Earlier this month, the U.S. Supreme Court stayed enforcement of the agency’s new rule until arguments in the case conclude. Arguments on the plan’s legality are scheduled for June before the federal appeals court.
Florida appellate court: Extensive delay can warrant denial of class certification
The state appeals court, in a ruling earlier this month, cited both the case’s delay and plaintiffs’ counsel’s “inaction” in upholding a lower court’s non-final order denying class certification. The plaintiffs claimed the defendant companies made usurious mortgage loans to them and 400 other borrowers.
Fourth Circuit affirms dismissal of FCA lawsuit against Purdue Pharma
The federal appeals court ruled in January that the False Claims Act’s pre-2010 public disclosure bar prohibits a relator’s attorney from bringing the same claims with a new relator, or whistleblower.
Missouri woman claims maker of ‘nothing artificial’ blueberry muffin mix deceived her
The St. Louis resident filed a class action lawsuit against the maker of a Duncan Hines-brand muffin mix last month, accusing it of “deceptive, unfair and false” merchandising practices. She contends two of the mix’s ingredients are, in fact, artificial and synthetic substances. The company, which removed the lawsuit to federal court, wants the case dismissed.
Drug makers want Cohen Milstein law firm off New Hampshire investigation
A group of five pharmaceutical companies being investigated by state Attorney General Joseph Foster for their marketing of prescription opioids have filed motions with a state court to have the plaintiffs law firm barred, along with the enforcement of subpoenas from Foster’s office. The companies argue the firm has too much of a financial stake in the investigation.
Uber to pay out $28.5 million to settle class action lawsuits
A California federal judge still needs to approve the proposed settlement, which was filed with the court last week. As part of the settlement, the rideshare and taxi service said it also will implement various changes.
Federal judge to decide whether to sanction attorneys for using court as ‘bargaining chip’ in negotiating class action settlement
Chief Judge Paul K. Holmes III for the U.S. District Court for the Western District of Arkansas has set a show-cause hearing for later this week. The parties dismissed a class action settlement in his court in June, but re-filed the matter, along with a motion for preliminary approval of the settlement, in a state court one day later.
Cohen Milstein law firm could see sizable returns if New Hampshire investigation into opioid makers proceeds
The prominent plaintiffs law firm known for its class action lawsuits -- and that has been hired by a growing number of state attorneys general in recent years -- could earn 27 percent of the State’s net recovery under a retainer agreement signed in September.
Federal judge allows Pa. AG’s case alleging illegal payday loan scheme to move forward
Judge J. Curtis Joyner, in an order last month, denied most of the motions to dismiss filed by the defendants in the case.
Federal judge rejects push for new lead counsel in GM ignition switch litigation
Judge Jesse Furman said the motions, filed days after one of the lawsuits was dismissed amid fraud claims, equated to “Monday morning quarterbacking.”
U.S. SC sides with states, halts EPA’s Clean Power Plan
West Virginia Attorney General Patrick Morrisey and Texas Attorney General Ken Paxton hailed the high court’s decision to stay the agency’s new rule, calling it a “major victory” for Americans. The White House disagreed with the court’s order, but said it is confident the agency will prevail in the court challenge.
Telephone service providers want Ga. counties’ lawsuits against them removed to federal court
The pair of providers argue the lawsuits over unpaid 911 fees don’t belong in state court. One of the providers contends the lawsuit should be dismissed altogether, saying it’s being penalized simply for under-billing customers.