Mark Chalos Talks to News4 Nashville About “Shocking” Provisions in Scooter Agreements

Mark Chalos Talks to News4 Nashville About “Shocking” Provisions in Scooter Agreements

Lieff Cabraser Nashville office Managing Partner Mark Chalos spoke at length with News4 Nashville to reveal “shocking” provisions and lapses in scooter app use agreements. After extensive research into potential lawsuits against the scooter industry showed that smartphone app scooter rental companies like Lime, Bird, and Lyft believe they have no accountability for user accidents or faulty equipment, Chalos explained, “There are some really shocking provisions they’ve hidden in the fine print.” [Read more…]

Jonathan Selbin Comments on DOJ Claims About Abusive Consumer Class Actions

Jonathan Selbin Comments on DOJ Claims About Abusive Consumer Class Actions

In Ohio federal court lawyers for the U.S. Department of Justice are seeking to reverse a proposed class action settlement that would give consumers $72.50 coupons for defective pressure cookers that allegedly cause scalding hot contents to erupt, in some cases causing users to suffer from second and third degree burns. [Read more…]

Class Counsel Announce $135 Million Proposed Class Action Settlement of Federal Navistar Diesel Engine EGR Emissions Defect Lawsuits

Navistar MaxxForce Diesel Engine Emissions Settlement

Class members can choose up to $2,500 per truck or $10,000 rebate off new truck, or seek up to $15,000 per truck in out of pocket damages caused by alleged defect

Lieff Cabraser together with co-lead counsel DiCello Levitt Gutzler and Audet & Partners LLP and liaison counsel The Bellows Law Group announce that the parties in the In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liabilities Litigation reached an agreement to settle the nationwide federal class action lawsuit relating to certain MaxxForce 11- or 13-liter diesel engines equipped with an allegedly defective EGR emissions system. Plaintiffs filed the proposed settlement, under which Navistar International and Navistar, Inc. (NYSE: NAV) must pay out $135 million, with Judge Joan B. Gottschall of the U.S. District Court for the Northern District of Illinois for her consideration and approval. [Read more…]

$54.5 Million Settlement Proposed in Duke/UNC “No Poach” Employee Anticompetition Lawsuit

On May 20, 2019, a settlement valued at $54.5 million was filed in the class action lawsuit against Duke University over an alleged illegal employee-poaching agreement with the University of North Carolina. The proposed settlement came on the same day that the U.S. Department of Justice decided to intervene in the suit by filing a motion to intervene seeking to prohibit Duke and UNC from signing “no-poach” employee agreements during the next five years. [Read more…]

Kenny Byrd to Serve in Leadership Role on Early Vetting Committee in 3M Combat Arms Earplug Defects Hearing Damage Litigation

Kenny Byrd to Serve in Leadership Role on Early Vetting Committee in 3M Combat Arms Earplug Defects Hearing Damage Litigation

On May 22, 2019, Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida issued an order naming Lieff Cabraser partner Kenny S. Byrd to the Early Vetting Committee in the nationwide product defect lawsuit against 3M relating to allegations that for over a decade, 3M provided defective earplugs to men and women in the U.S. military. Complaints in numerous lawsuits allege that the ear plugs, distributed between 2002 and 2015, were too short for proper insertion into users’ ears, putting users at risk for permanent hearing loss, hearing impairment, and tinnitus. [Read more…]

Judge Denies Motion to Dismiss in Disney and Viacom Child Privacy Violations Lawsuits

Judge Denies Motion to Dismiss in Disney and Viacom Child Privacy Violations Lawsuits

On May 22, 2019, U.S. District Judge James Donato denied a motion to dismiss the class action lawsuit accusing Viacom and The Walt Disney Company of violating child privacy protection laws by collecting and selling personal identifying information of children who used their child-focused mobile aps. The lawsuits allege the media giants collected kid’s data without parental consent and improperly used it to focus and transmit targeted advertising. [Read more…]

Plaintiffs Provide Notice to Wells Fargo Shareholders of $320 Million Settlement of Wells Fargo Shareholder Derivative Litigation

Preliminary Approval Granted to $240M Settlement in Wells Fargo Shareholders Derivative Litigation

San Francisco—(BUSINESSWIRE)–IN RE WELLS FARGO & COMPANY SHAREHOLDER DERIVATIVE LITIGATION, Lead Case No. 3:16-cv-05541-JST (N.D. Cal.)

TO: ALL RECORD AND BENEFICIAL OWNERS OF WELLS FARGO & COMPANY COMMON STOCK AS OF FEBRUARY 26, 2019 (THE “RECORD DATE”), WHO CONTINUE TO OWN SUCH SHARES (“WELLS FARGO SHAREHOLDERS”)

YOU ARE HEREBY NOTIFIED, that pursuant to an Order of the United States District Court for the Northern District of California, a hearing will be held on August 1, 2019, at 2 p.m., before the Honorable Jon S. Tigar, United States District Judge, at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California 94102, for the purpose of determining whether the proposed settlement of the above captioned derivative action (the “Derivative Action”), with a total settlement value of $320 million (as described below), should be approved as fair, reasonable and adequate, and whether a judgment dismissing the Defendants (as identified in the Stipulation of Settlement (“Stipulation”)) from the Derivative Action with prejudice should be entered. [Read more…]

Kelly M. Dermody Moderates “Gender Equality in the #MeToo World” Discussion at National Equal Opportunity Law Florida Conference

KMD_Equal_Employment_#MeToo_Conference-

At the April 3, 2019 National Conference on Equal Employment Opportunity in Coral Gables, Florida, Lieff Cabraser partner Kelly M. Dermody moderated the opening event, a plenary discussion focusing on “gender equality in the #MeToo World” with lawyer and journalist Dahlia Lithwick (Newsweek and Slate) and the Honorable Victoria A. Lipnic, Commissioner and Acting Chair of the United States Equal Employment Opportunity Commission. [Read more…]

USC/Tyndall Class Action Settlement to Establish Institutional Reforms on Campus, Provide $215 Million Fund for Survivors

USC

Revised agreement filed today includes additional information requested by Court

University of Southern California (USC) students and alumnae today filed an amended class action settlement agreement that creates a $215 million fund recognizing all survivors of former student health center gynecologist George Tyndall, while establishing institutional reforms on campus such as new procedures for identification, prevention, and reporting of sexual and racial misconduct. [Read more…]

NTNX INVESTORS REMINDER: Lieff Cabraser Reminds Investors of Deadline in Class Action Against Nutanix, Inc.

Nutanix Securities Final Reminder

Lieff Cabraser reminds investors of the upcoming deadline to move for appointment as lead plaintiff in the class action litigation has been filed on behalf of investors who purchased or otherwise acquired the securities of Nutanix, Inc. (“Nutanix” or the “Company”) (Nasdaq: NTNX) between March 2, 2018 and February 28, 2019, inclusive (the “Class Period”). [Read more…]

Cal Fire Determines 2018 Camp Fire Was Caused by PG&E Electrical Lines

California Wildfires

The California Department of Forestry and Fire Protection (CAL FIRE) has issued a news release stating that “a very meticulous and thorough investigation” has determined that the November 2018 Camp Fire in Butte County “was caused by electrical transmission lines owned and operated by Pacific Gas and Electricity (PG&E) located in the Pulga area.” The deadliest and most destructive fire in California history, the Camp fire began on the morning of November 8, 2018, and burned a total of 153,336 acres, destroying 18,804 structures and resulting in 85 civilian fatalities and several firefighter injuries. [Read more…]

$320M Wells Fargo Derivative Suit Settlement Granted First Round of Approval

Preliminary Approval Granted to $240M Settlement in Wells Fargo Shareholders Derivative Litigation

A California federal judge has granted preliminary approval to a proposed $320 million settlement that would end shareholders’ derivative litigation relating to Wells Fargo’s fake accounts scandal. Plaintiffs in the suit, including the Fire & Police Pension Association of Colorado and the City of Birmingham Retirement and Relief System allege that since at least 2011, the Board and executive management of Wells Fargo knew or consciously disregarded that its employees were illicitly creating millions of deposit and credit card accounts for their customers, without those customers’ consent, in order to meet aggressive sales goals. [Read more…]

Roundup Weedkiller Jury in California Orders $2 Billion Damages Verdict Against Monsanto and Bayer

A man spraying herbicide

As reported across a wide range of media, a jury in California has hit Monsanto and Bayer with a $2 billion-plus damages verdict over serious cancer risks associated with its Roundup weedkiller, the third consecutive trial loss for Bayer and Monsanto relating to aggressive cancer injuries held to stem from use of the Roundup herbicide. After less than two days of deliberations, the 12 member jury determined that it was more likely than not that Roundup was a “significant contributing factor” in the plaintiffs’ non-Hodgkin lymphoma. The plaintiffs’ suit claimed that decades of Roundup use on their properties gave them both aggressive cancer. [Read more…]

Kelly Dermody To Speak at 45th Annual American Bar Association National Conference on Professional Responsibility

Kelly Dermody To Speak at 45th Annual American Bar Association National Conference on Professional Responsibility

Lieff Cabraser partner Kelly M. Dermody will be speaking on Thursday, May 30th at the American Bar Association’s 45th Annual National Conference on Professional Responsibility in Vancouver, BC as part of a panel discussion on “Harassment and Discrimination in the Rule 8.4(g) and #Metoo Era.” The panel will address how law firms, corporate law departments, government agencies and the legal profession itself should respond to claims of discrimination and harassment; explore the role of general and ethics counsel in addressing and preventing the problems; and review recommended practices for addressing and preventing harassment and other discriminatory conduct in organizations that employ lawyers. [Read more…]

Elizabeth Cabraser Receives Daily Journal’s “2019 Top Women Lawyers” Recognition

Elizabeth Cabraser Receives Daily Journal’s “2019 Top Women Lawyers” Recognition

The Daily Journal has published its annual listing of Top Women Lawyers in California, which includes 12th-time selection for Lieff Cabraser founding partner Elizabeth J. Cabraser. The Top Women Lawyers award recognizes exemplary female attorney trailblazers and changemakers who are actively involved in cutting-edge work with the most influential impact across the legal field. [Read more…]

INVVY INVESTORS ALERT: Lieff Cabraser Announces Securities Class Action Against Indivior PLC

Lieff Cabraser Announces Securities Class Action Against Indivior plc

Lieff Cabraser announces that class action litigation has been filed on behalf of investors who purchased or otherwise acquired the securities of Indivior PLC (“Indivior” or the “Company”) (INVVY) between March 10, 2015 and April 9, 2019, inclusive (the “Class Period”). If you purchased or otherwise acquired Indivior securities during the Class Period, you may move the Court for appointment as lead plaintiff by no later than June 24, 2019. A lead plaintiff is a representative party who acts on behalf of other class members in directing the litigation. Your share of any recovery in the actions will not be affected by your decision of whether to seek appointment as lead plaintiff. You may retain Lieff Cabraser, or other attorneys, as your counsel in the actions.

[Read more…]

Rachel Geman Appointed to Plaintiffs’ Steering Committee in National Valsartan Contamination Fraud Litigation

Rachel Geman Appointed to Plaintiffs' Steering Committee in National Valsartan Contamination Fraud Litigation

On May 6, 2019, Lieff Cabraser partner Rachel Geman was appointed to the Plaintiffs’ Economic Reimbursement Steering Committee in the national consumer fraud Valsartan contamination litigation in federal court in New Jersey, In Re: Valsartan Products Liability Litigation, MDL No. 2875. [Read more…]

11th Circuit Rules for Plaintiff City of Miami on Standards for Proximate Cause in Discriminatory Lending Lawsuits

11th Circuit Rules for Plaintiff City of Miami on Standards for Proximate Cause in Discriminatory Lending Lawsuits

The City of Miami obtained a significant victory in the Eleventh Circuit in Fair Housing Act lawsuits it has brought against certain banks, including Wells Fargo & Co. and Bank of America.  The Eleventh Circuit issued decisions on remand from the Supreme Court on proximate cause, holding “[c]onsidering the broad and ambitious scope of the FHA, the statute’s expansive text, the exceedingly detailed allegations found in the complaints, and the application of the administrative feasibility factors laid out by the Supreme Court in Holmes v. Securities Investor Protection Corp., 503 U.S. 258 (1992), we are satisfied that the pleadings set out a plausible claim.” [Read more…]

Claims Process Begins for FCA ‘EcoDiesel’ Settlement

Claims Process Begins for FCA ‘EcoDiesel’ Settlement

Most eligible parties to receive $3,000+ after vehicle repairs

As reported by Consumer Affairs, the claims process has begun for owners and lessees of certain Fiat Chrysler vehicles after the settlement of litigation over claims FCA used illegal emissions cheating devices to make it appear that its diesel vehicles were meeting clean air standards. FCA noted it would pay $500 million to resolve the issue, including just over $300 million in civil penalties. In the wake of a California judge granting final approval to the terms of the settlement, eligible drivers will be awarded cash payments and extended warranties after their vehicle undergo the government-mandated vehicle modifications. [Read more…]

Mark Chalos Comments on New Tennessee Rules Requiring Preservation of Auto Defect Evidence

Mark Chalos Comments on New Tennessee Rules Requiring Preservation of Auto Defect Evidence

Proposed rule will require parties in vehicle injury settlements to preserve accident vehicles if destroying them would hurt other cases

The Board of Professional Responsibility of the Tennessee Supreme Court was requested to issue a Formal Ethics Opinion regarding the ethical propriety of a settlement agreement in a products liability case which contains as a material condition of the settlement that the subject vehicle alleged to be defective be destroyed. In response, the Board has issued a new ethics opinion seeking to change the requirements for preserving evidence in product liability lawsuits that result in settlements, making it illegal for the parties thereto to agree to destroy evidence in some instances. The formal ethics opinion reads “[i]t is improper for an attorney to propose or accept a provision in a settlement agreement, in a products liability case, that requires destruction of the subject vehicle alleged to be defective if that action will restrict the attorney’s representation of other clients.” [Read more…]