Legal Book » plaintiffs

Citing Morrison (and Surprising No One), N.Y. Judge Tosses Securities Claims by Individual Vivendi Shareholders

admin — Thu, 02 Feb 2012 07:40:25 +0000

A federal judge has dismissed individual investors’ securities claims against Vivendi related to ordinary shares they purchased on the Paris Bourse, finding that the claims are barred by the U.S. Supreme Court’s Morrison decision

Suits Allege Lilly Failed To Warn of Darvocet’s and Darvon’s Health Risks

admin — Fri, 27 Jan 2012 04:21:06 +0000

Former users of Darvocet and Darvon are suing Eli Lilly, claiming it failed to warn them that the painkillers carried the risk of serious heart problems.

Plaintiffs Vow to Fight for Deal After HSBC Bows Out of Settlement with Madoff Feeder Fund Investors

admin — Thu, 26 Jan 2012 07:22:45 +0000

HSBC has decided to walk away from the proposed $62.5 million deal reached with Bernard Madoff feeder fund investors last year, terminating an agreement to partially resolve a set of class actions brought by investors in Irish and Belgian funds.

Seventh Circuit Boosts Antitrust Class Actions by Reversing Dismissal of Chicago Hospital Suit

admin — Wed, 18 Jan 2012 07:07:11 +0000

A 7th Circuit panel has reversed the dismissal of an antitrust class action against Northshore University Health System. The ruling, which allows the plaintiffs to pursue their claim that Northshore illegally inflated its rates after a merger, should help other class actions get past the certification stage.

Lawyer’s Distortion of Liability Leads to Reversal of $25M Med-Mal Verdict

Master — Fri, 13 Jan 2012 08:39:10 +0000

A New Jersey state appellate court on Wednesday affirmed the setting aside of a $25 million medical malpractice verdict, partly because the plaintiffs attorney misstated an expert’s statistical testimony.

Federal Judge Approves $35.5 Mil. Antitrust Settlement

Master — Fri, 23 Dec 2011 19:39:09 +0000

A federal judge has approved a $35 million settlement in a class action in which plaintiffs claimed Babies “R” Us and baby product manufacturers engaged in violations of antitrust law.

‘Birther’ Claims Rejected by Ninth Circuit

Master — Fri, 23 Dec 2011 02:48:42 +0000

“Birthers” who argue that President Obama wasn’t born in the U.S.

Kirkland Can’t Stop Judge from Certifying Stock-Drop Class Action Against Medtronic

Master — Wed, 14 Dec 2011 05:58:03 +0000

Despite claims by Medtronic that plaintiffs lawyers in a stock-drop suit had fudged the testimony of 13 confidential witnesses, a federal judge on Monday certified the shareholder class, ruling that it was “premature” to determine whether the plaintiffs had accurately represented witnesses’ testimony.

Circuit Rejects AOL Privacy Settlement, Citing Random Beneficiaries

Master — Tue, 22 Nov 2011 07:07:34 +0000

The 9th Circuit has rejected a class action settlement that called for AOL to give $110,000 to random charities, saying the charities had nothing to do with the plaintiffs’ email privacy claims, and sending a message that courts should be more careful in doling out money under the cy pres doctrine.

Circuit Rejects AOL Privacy Settlement, Citing Random Beneficiaries

Master — Tue, 22 Nov 2011 07:07:33 +0000

Judge Green-Lights Claims Against U.S. Auditor in China Expert Technology Class Action

Master — Thu, 10 Nov 2011 07:03:31 +0000

Lawyers for auditor PKF New York hoped to use the Supreme Court’s Janus ruling to evade securities claims in a class action targeting China Expert Technology, but a New York federal judge wasn’t persuaded. Separately, the judge refused to limit the plaintiffs’ discovery efforts in China.

Judge dismisses Deepwater Horizon-related claims

Master — Wed, 02 Nov 2011 04:17:51 +0000

A federal judge’s dismissal of claims against the operators of emergency rescue boats that responded to the fire on the Deepwater Horizon oil rig has “delighted” the defense but seems likely to provoke an appeal by the plaintiffs. Meanwhile, they have begun fighting over what the judge actually meant.

Lawyer’s Decamping from Defense to Plaintiffs’ Firm Gets Latter Disqalified

admin — Sat, 29 Oct 2011 02:58:44 +0000

Side-switching by a defense lawyer has led to disqualification of the plaintiffs firm, even though she was there only about a month. The entire firm’s disqualification is warranted because the attorney “had ‘primary responsibility’ even though she was not the ’supervising attorney’ on the file,” the judge said.

McKesson Settles Drug Pricing Class Action for $82 Million

Master — Sat, 29 Oct 2011 02:58:40 +0000

McKesson has agreed to pay $82 million to resolve claims that it inflated average wholesale prices for its drugs, causing plaintiffs to pay outsized reimbursements under government health care programs.

Circuit Pares Emery Firm’s Fee in Favor of Plaintiffs’ Committee

Master — Wed, 26 Oct 2011 06:32:50 +0000

The long-running fee dispute among attorneys who represented the families of victims of the 1988 bombing of a plane over Lockerbie, Scotland, was brought to an end Tuesday by the 2nd Circuit, which ordered Emery Celli Brinckerhoff & Abady to pay 20 percent of its fee to the plaintiffs’ committee.

Paul Weiss, Winston & Strawn Secure Mistrial for Philip Morris in Missouri Light Cigarettes Class Action

admin — Wed, 26 Oct 2011 06:32:47 +0000

A Missouri judge on Tuesday declared a mistrial in a $700 million class action against Altria Group’s Philip Morris USA.

Judge Sides with Orrick in Nvidia Securities Class Action, Rejects ‘Core Operations’ Theory of Scienter

admin — Sat, 15 Oct 2011 03:18:15 +0000

A California federal judge has dismissed a shareholder class action over product defects in Nvidia chips used to power laptops, concluding the plaintiffs hadn’t met the burden of showing that the company deliberately concealed the extent of the problem from investors.

Goodwin Procter Knocks Out Massive Class of Subprime Borrowers in Case Against Countrywide and Bank of America

Master — Thu, 13 Oct 2011 07:43:37 +0000

A California federal judge has knocked out a proposed class of more than 500,000 Countrywide borrowers.

Dechert, Simpson Thacher Win Dismissal of Lehman ERISA Class Action

Master — Fri, 07 Oct 2011 04:56:34 +0000

In the Lehman Brothers bankruptcy case, a federal judge has granted motions to dismiss an ERISA class action for good, concluding that the plaintiffs still hadn’t shown that the defendants should be held responsible for losses suffered by participants in Lehman’s retirement plan.

Dole Praises Opponents at Provost Umphrey in Announcing Settlement with Nicaraguan Plantation Workers

admin — Wed, 05 Oct 2011 04:59:20 +0000

Dole Food Co. hasn’t had much good to say about the plaintiffs lawyers who’ve sued it on behalf of Nicaraguan plantation workers. But on Tuesday, Dole issued a surprisingly complimentary statement about Provost Umphrey in announcing a settlement with the firm’s clients.

Mercedes Faces Class Action Alleging Defective Camshafts in Prime Engines

admin — Fri, 30 Sep 2011 05:18:50 +0000

An allegedly defective motor has some Mercedes-Benz drivers racing to court. In a putative class action, the plaintiffs allege that the carmaker’s top-of-the-line performance engine is prone to premature wear due to defective camshafts, draining owners’ and lessees’ wallets.

Illinois Supreme Court Keeps Plaintiffs’ Hopes Alive for Reviving $10 Billion Case Against Philip Morris

admin — Fri, 30 Sep 2011 05:18:44 +0000

In what plaintiffs lawyers at Korein Tillery are calling a “momentous victory,” the Illinois Supreme Court has refused to hear an appeal by Philip Morris’ lawyers at Winston & Strawn and Mayer Brown that might have shot down the plaintiffs’ case for good.

Sidley Wins Dismissal of Hartford Insurance Securities Suit, Citing Absence of Confidential Sources

admin — Wed, 21 Sep 2011 07:45:25 +0000

A federal judge has dismissed with prejudice a securities class action against The Hartford Financial Services Group stemming from losses due to mortgage-backed securities, questioning why the plaintiffs didn’t cite any confidential witnesses or internal documents and calling that omission a significant flaw.

Circuit Sends Costco Gender Bias Class Back to Judge

Master — Mon, 19 Sep 2011 21:53:52 +0000

The 9th Circuit on Friday rejected class certification in a gender discrimination suit against Costco Wholesale. But the plaintiffs attorneys are calling it a victory.

Judge Revives ERISA Claims in Bear Stearns Case

admin — Thu, 15 Sep 2011 21:23:03 +0000

A federal judge has reinstated the ERISA plaintiffs’ claims in the consolidated securities class action against Bear Stearns, ruling that a new complaint by the plaintiffs appeared to address fatal shortcomings in their earlier filings, and that “the revelation of new evidence” weighed in favor of allowing them to re-plead.