Jessica Karmasek News
Legislation would prohibit DOJ settlement terms that require donations to third parties
Some federal lawmakers argue the bill is needed to keep the Department of Justice from directing millions, even billions, of dollars to certain groups. They contend only Congress has the power to make such decisions.
CFPB’s proposed arbitration rules could be released following field hearing next month
The Consumer Financial Protection Bureau announced last week it plans to hold a third field hearing May 5 on the rules banning the arbitration clauses that prevent class action lawsuits.
Second Circuit revives shareholders’ class action lawsuit against Pfizer
The federal appeals court, in a ruling this month, said a lower federal court was wrong to rule that no reasonable jury could find the drug maker liable for certain statements made by companies that owned the two pain-relieving drugs Celebrex and Bextra before Pfizer. The shareholders allege Pfizer concealed the risks associated with the two drugs.
U.S. SC declines to take up Limelight patent infringement case again
In denying Limelight’s petition this week, the court leaves intact a ruling by the U.S. Court of Appeals for the Federal Circuit. In its August 2015 ruling, the Federal Circuit deemed Limelight liable for direct infringement of a content delivery patent asserted by rival Akamai Technologies Inc.
Data breach class action brought against P.F. Chang’s can continue, Seventh Circuit rules
The federal appeals court, citing its ruling last year in the Neiman Marcus data breach class action, said the plaintiffs’ lawsuit against the restaurant chain alleges the same future injuries.
Montana farmers sue company over low-quality bull semen
The Big Horn County residents filed their lawsuit against Genex Cooperative Inc. in state court in February. The company, in a filing this month, requested the lawsuit be moved to federal court.
Fla. federal judge grants, in part, insurers’ motion to dismiss class action over agreement
The defendants -- a group of four insurers -- have since decided to withdraw a request to separate discovery into two phases. They had argued that limiting discovery would save them in costs.
Ninth Circuit, in wake of Gomez ruling, says defendant can’t avoid class action by making deposit into court-controlled account
Allstate Insurance Company argued that a deposit of $20,000 in an escrow account would moot the named plaintiff’s claims. The Ninth Circuit, in its ruling last week, addressed an issue the U.S. Supreme Court left unresolved in Campbell-Ewald v. Gomez.
With Silver convicted, some N.Y. Dems pushing asbestos transparency bill
The legislation, introduced by a group of Democrats last month, is more likely to pass now that former Assembly Speaker Sheldon Silver -- who was found guilty of corruption by a federal jury in November -- no longer is in power. Silver also worked at one of the most prominent asbestos law firms in the country, Weitz & Luxenberg PC.
N.J. federal court sides with defendants, says notice of class action removal was timely
The notice of removal, filed by the defendants in a class action over wage rates, was filed 128 days after service of the complaint. The federal court said neither the plaintiffs’ complaint nor their briefing triggered the 30-day time period for removal under the Class Action Fairness Act.
Fourth Circuit also finds district courts, not arbitrators, must decide class action arbitrability
The federal appeals court reversed, vacated and remanded the decision of a South Carolina federal court, saying the parties did not “unmistakably provide” that the arbitrator would decide whether their agreement authorizes class arbitration. The ruling is similar to those from the Third and Sixth circuits.
College group: Plaintiffs bar, feds, state AGs teaming against for-profit colleges
Last month, the DOE released a proposal that would establish borrower-friendly processes for seeking and obtaining loan relief triggered by what the agency describes as “unscrupulous conduct” by higher education institutions. As part of the proposal, the department provided options to negotiators that would protect students from the use of mandatory arbitration provisions in enrollment agreements.
U.S. SC rejects appeals filed by Wal-Mart, Wells Fargo over class action judgments
The nation’s high court on Monday declined to review a more than $150 million judgment against Wal-Mart and a $203 million judgment against Wells Fargo. The court waited to make a decision in either case pending its action in Tyson Foods. Last month, the court majority ruled against the meat producer.
Window maker wants class action dismissed nearly two years after it was remanded
Pella Corporation filed a motion to dismiss in February. The action was sent back to Illinois federal court in 2014 after the U.S. Court of Appeals for the Seventh Circuit overturned approval of an estimated $90 million class action settlement involving the company and removed Chicago attorney Paul M. Weiss as class counsel. Weiss was disbarred in November by the Illinois Supreme Court.
Eleventh Circuit vacates class certification in lawsuit over front-loading washers
The three-judge panel, in an opinion issued last week, said the U.S. District Court for the Southern District of Georgia “too hastily concluded” that several questions in the litigation were common to the class. The federal appeals court remanded the litigation to the district court to reconsider certification.
Plaintiff wants no part in Conn. law firm’s lawsuit against former employee
Lemberg Law LLC filed its lawsuit against a former contract associate last year. The firm’s complaint, filed in Connecticut federal court, took issue with the period of time following Tammy Hussin’s departure in 2014. The firm alleges she didn’t make required payments under a separation agreement and electronically transferred law firm documents.
N.J. appeals court puts an end to class action filed against TGI Fridays over drink prices
The New Jersey Superior Court’s Appellate Division ruled last week that a trial court incorrectly certified the class, noting that it wrongly included all persons who bought an unpriced soda, beer or mixed drink regardless of whether they reviewed a menu before making their purchases. The matter has been sent back to the lower court for further proceedings on the plaintiffs’ individual claims.
CDC's new opioid guidelines will be used by plaintiffs bar, WLF says
The agency’s final guidelines were released earlier this month, recommending primary care physicians use other therapies for chronic pain and exercise caution when prescribing the prescription drugs. The Washington Legal Foundation says it fears plaintiffs firms, some of which have ties to the guideline development committee, will end up using them in their pending litigation against drug makers.
Class action alleges Facebook wrongfully mined cancer websites
This month, a Missouri man sued the social media giant and major cancer institutes in federal court for allegedly using his and others’ private health data to create targeted advertising campaigns.
Federal judge agrees to stay RICO cases against asbestos plaintiffs firms
On Monday, Judge Graham Mullen granted Garlock Sealing Technologies’ motion for stay, pointing to the pending consideration of the company’s consensual plan of reorganization. Garlock reached an agreement on the principal terms of a plan this month. Also Monday, John Crane Inc., in light of the settlement, withdrew its motion to intervene in one of the racketeering lawsuits.