Searching Content indexed under Class Actions by McDermott Will & Emery ordered by Published Date Descending.
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Federal Court Dismisses Challenge To ESOP Transaction
In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who "fundamentally misunderstands the nature of the" ESOP transaction, did not allege that she suffered any injury.
United States
15 Aug 2019
Supreme Court Clarifies Principles Of International Comity In Vitamin C Ruling
The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation.
United States
18 Jun 2018
Northwestern University Defeats 403(b) Lawsuit
A federal judge in the Northern District of Illinois recently dismissed a lawsuit against Northwestern University alleging that the University and its fiduciaries mismanaged its retirement and voluntary savings plans.
United States
13 Jun 2018
California Court Of Appeal Holds That "Safe Harbor" Defense Precludes Suit Based On Presence Of Inorganic Arsenic In Wines
In a win for the wine industry, the Court of Appeal upheld the dismissal of the case.
United States
4 Jun 2018
District Court Denies Class Certification Under Third Circuit's New Impracticability Framework
Of primary importance to the analysis are judicial economy and the ability to litigate as joined parties.
United States
19 Mar 2018
Ruling In The Asahi Beer Class Action
Last month the US District Court for the Central District of California issued an order in the Shalikar v. Asahi Beer U.S.A., Inc. false advertising class action case.
United States
14 Nov 2017
Second Circuit Allows Class Action Suit Involving Diabetes Drug To Proceed
Purchasers of Takeda Pharmaceuticals Company's branded diabetes drug, ACTOS, filed an antitrust suit alleging that Takeda falsely described two patents to the US Food and Drug Association (FDA)...
United States
23 Aug 2017
Partial Victories To Two Universities In Their Motions To Dismiss Code Section 403(B) Fee Litigation
Multiple large, class action lawsuits have been filed against prominent higher education institutions claiming fiduciary breaches under their Code Section 403(b) plans as a result of insufficient...
United States
9 Jun 2017
THE LATEST: Employee "No-Poaching" Agreements Remain In The Antitrust Crosshairs
There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees.
United States
1 Mar 2017
Second Court Of Appeals Win For State Street Bank In $200 Million Chrysler "Top Hat Plan" Class Action
"Top hat plans" have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA ...
United States
13 Dec 2016
HHS Proposes Administrative Dispute Resolution Process For 340B-Related Claims
On August 12, 2016, the US Department of Health and Human Services Health Resources and Services Administration issued a notice of proposed rulemaking related to the 340B Drug Pricing Program.
United States
17 Aug 2016
401(k) Plan Sponsors And Fiduciaries Face An Alarming Number Of Stable Value Fund And Other Class Action Lawsuits
In the last several months, plaintiffs have filed multiple class action lawsuits against plan sponsors, plan fiduciaries and stable value fund providers.
United States
7 Jun 2016
Red Stripe Prevails In Alcohol Beverage Labeling Class Action
The plaintiffs brought their case under several California statues and also alleged negligent and intentional misrepresentation.
United States
19 Apr 2016
'Right-Sizing' Full-Time Employees To Reduce ACA Obligations May Lead To ERISA Class Action Exposure
Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers.
United States
17 Feb 2016
Split Decisions Regarding Class Certification In Provigil Antitrust Lawsuits
In April 1997, the U.S. Patent and Trademark Office (USPTO) issued U.S. Patent No. 5,618,845 to Cephalon, Inc. for the modafinil formulation in Provigil®.
United States
2 Nov 2015
Hut, Hut, Phlmph — Florida Judge Denies Dismissal Of Tax On Delivery Charges Lawsuit
In the latest development in the Florida litigation regarding the taxation of delivery charges, Judge Jack Tuter of the 17th Judicial Circuit Court of Florida determined that the complaint against Pizza Hut was sufficient to withstand a motion to dismiss for failure to state a claim.
United States
16 Sep 2015
Reverse Payment Settlements Subject To Antitrust Challenge
Bayer owns a patent on the active ingredient ciprofloxacin hydrochloride in the antibiotic Cipro®. It subsequently obtained approval from the U.S. Food and Drug Administration (FDA) to market the drug in the United States.
United States
3 Aug 2015
Court Declines To Certify Damages Class In Baseball Blackout Suit
On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat'l Hockey League, No. 12-cv-1817, excluding plaintiffs' damages expert under Daubert and denying plaintiffs' motion to certify a damages class.
United States
18 Jun 2015
False Advertising Claims
Industry members should take note of several false advertising lawsuits against brewers and distillers.
United States
27 May 2015
Maker's Mark Defeats "Handmade" Class Action Lawsuit
Could consumers have plausibly believed that one of the country's top-selling bourbon brands is "handmade"?
United States
15 May 2015
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