Lieff Cabraser Civil Justice Blog

Dean Harvey and Yaman Salahi Co-Author ABA Antitrust Law Section Comments to the FTC Workshop on “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues”

Dean Harvey & Yaman Salahi Non-compete Clauses in Employment Agreements Blog

The American Bar Association Section of Antitrust Law recently submitted comments to the Federal Trade Commission in connection with the January 2020 FTC workshop on “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues.” In section two of the submission, Lieff Cabraser partners Dean M. Harvey and Yaman Salahi provide detailed commentary on the “Impact of Non-compete Clauses in Employment Agreements.” [Read more…]

Judge Gives Preliminary Approval to $120M Settlement Deal For Drivers in GM Ignition Switch Defect and Injury Litigation

GM_Trust-blog

As reported by Law360 (subscription), U.S. District Judge Jesse M. Furman has issued an order granting preliminary approval to a $120 million settlement deal reached by plaintiff drivers with General Motors over vehicles that lost value from faulty ignition switches, finding that the deal is fair and that he will “likely be able to grant final approval.” The immanent settlement was reached after a bankruptcy deal cleared away a large remaining obstacle. [Read more…]

Judge Allows Workers’ Claims To Proceed In McDonalds “No-Poach” Employee Antitrust Case

Judge Allows Workers’ Claims To Proceed In McDonalds “No-Poach” Employee Antitrust Case MDL

As reported by Law360 (subscription), an Illinois federal judge has denied McDonald’s attempt to dismiss the lawsuit alleging the fast food giant illegally limits employee pay and mobility between its franchises in violation of U.S. antitrust laws. The lawsuit advances claims that McDonald’s practices violated the antitrust laws relating to employment, artificially depressing workers’ wages and restricting their ability to move to other stores within the McDonald’s system, limiting career mobility and advancement. [Read more…]

Companies Denied Business Interruption Insurance Claims Due to COVID-19 Outbreak Battle The Insurance Industry

Companies Denied Business Interruption Insurance Claims Due to COVID-19 Outbreak Battle The Insurance Industry

The Washington Post reports that as mandatory isolation orders have caused the shutdown of businesses across the nation, a multibillion-dollar deadlock has arisen between the nation’s leading insurers and the companies that purchase their business interruption insurance policies. The heated battle between the groups hinges on the question of whether insurance providers should have to pay claims to businesses that have shuttered as a result of the Coronavirus outbreak. [Read more…]

SERV Investor Alert: June 9, 2020 Filing Deadline in Class Action – Contact Lieff Cabraser

Securities Class Litigation

Lieff Cabraser announces that class action litigation has been filed on behalf of investors who purchased or otherwise acquired the common stock of ServiceMaster Global Holdings, Inc. (“ServiceMaster” or the “Company”) (NYSE: SERV) between February 26, 2019 and November 4, 2019, inclusive (the “Class Period”).

[Read more…]

Largest Group of Class Actions Filed Over COVID-19 Outbreak Likely To Come From Employees

Largest Group of Class Actions Filed Over COVID-19 Outbreak Likely To Come From Employees

As economic uncertainty and unemployment concerns rise, lawyers in the class action bar are predicting the largest group of lawsuits to be filed over the Covid-19 outbreak will likely come from employees, over illegal conduct including denied wages, discrimination in layoffs, and unsafe working conditions, as well as potential labor antitrust cases relating to collusion by employers to suppress wages and improperly restrict employee mobility. As reported by Law.com (subscription), in the midst of massive economic disruption due to coronavirus-related shutdowns, the U.S. Labor Department has released new statistics that show nearly twenty-two million people applied for unemployment benefits during the past month. [Read more…]

Carnival Cruise Execs Knew Early About Coronavirus Problem But Chose to “Keep Party Going”

grand-princess

As reported by Bloomberg Businessweek, more than 1,500 passengers on Carnival’s cruise ship lines have been diagnosed with Covid-19 since the outbreak of the Corona virus pandemic, and at least several dozen have died from the illness. Information has emerged revealing that Carnival cruise ship execs knew earlier than most just how bad the coronavirus problem was aboard their fleet, but chose to “keep the party going for as long as possible.” [Read more…]

Lieff Cabraser Announces That Plaintiffs Substantially Defeat Motion to Dismiss California Bail Bonds Antitrust Litigation

Lawsuit Brought by Lieff Cabraser and Public Interest Groups Contends Insurance Companies Conspired to Inflate Bail Bond Premiums

First-of-its-kind class action antitrust case brought by Lieff Cabraser and Justice Catalyst Law, Public Counsel, the National Consumer Law Center, and Towards Justice alleging that insurance companies in California conspired to unlawfully inflate California bail bond premiums will move forward to discovery and trial

On April 13, 2020, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California issued an Order rejecting an argument by 28 members of the California bail bonds industry that they are immune from liability under state and federal law for an alleged antitrust conspiracy to fix the price of bail bond premiums. The lawsuit, brought by Shonetta Crain and Kira Serna on behalf of a proposed class of California bail bond purchasers, alleges that arrested people and their family members paid inflated prices for bail bonds due to an illegal conspiracy by sureties, California bail agencies, bail industry associations, and two individual defendants “to keep default premium rates fixed at 10%, advertise them as legal minimums, and prevent discounting or rebating as much as possible” to effectively fix the price of bail bonds in California. [Read more…]

Lieff Cabraser and Co-Counsel File Federal Class Action Lawsuit Against Baby Brezza Enterprises on Behalf of Parents of Infants Injured by Defective Formula Maker Liquid Baby Formula Machines

Infant Formula

“Baby Brezza Formula Pro” and “Baby Brezza Formula Pro Advanced,” touted as employing “patented mixing technology [that] automatically mixes formula and water to perfect consistency,” produce overly watery formula lacking sufficient nutrients to allow infants to thrive

April 10, 2020, New Jersey—Lieff Cabraser and Carella Byrne announce the filing of a class action lawsuit in the District of New Jersey against Baby Brezza Enterprises and The Betesh Group on behalf of Ashley Nahai and Michael Soter, California residents and the parents of an infant girl whose survival was threatened by a defective liquid baby formula mixing machine manufactured and sold by Baby Brezza and The Betesh Group. [Read more…]

Dean Harvey Speaks on the Challenges of Navigating No-Poach Agreements at 68th Annual ABA Antitrust Law Section Virtual Spring Meeting

Dean Harvey Speaks on the Challenges of Navigating No-Poach Agreements at 68th Annual ABA Antitrust Law Section Virtual Spring Meeting

Lieff Cabraser partner Dean M. Harvey recently participated in panel discussion on “No-Poach: Assessing Risk in Uncertain Seas” as a part of the American Bar Association’s 68th Annual Antirust Law Section Virtual Spring Meeting. The panel was presented by the Cartel & Criminal Practice and Trial Practice Committees and will be turned into a podcast along with other presented materials available for viewing later this month. [Read more…]

Mary Alexander and Lieff Cabraser Announce Federal Class Action Injury Lawsuit Against Carnival and Princess Cruise Lines Over COVID-19 Outbreak on California to Hawaii Cruise

grand-princess

Lawsuit filed in Northern District of California alleges negligent and grossly negligent exposure of over 2,000 cruise ship passengers to novel Coronavirus

San Francisco–(BUSINESSWIRE)– Passengers who were aboard the Grand Princess cruise ship have filed a class action injury lawsuit today in San Francisco Federal Court alleging they were exposed to the Coronavirus as a result of gross negligence by the companies that own and operate the ship. The law firms of Mary Alexander & Associates, P.C. and Lieff Cabraser Heimann & Bernstein, LLP represent passengers of the Grand Princess cruise that departed San Francisco for Hawaii on February 21, 2020. The lawsuit is against Carnival, Princess Cruise Lines, and Fairline Shipping International Ltd. (the vessel’s owner). [Read more…]

$320M Wells Fargo Derivative Suit Settlement Granted Final Approval

Securities Fraud

U.S. District Judge Jon S. Tigar of the Northern District of California has issued an order granting final approval to a $320 million settlement that will end shareholders’ derivative litigation relating to Wells Fargo’s unfair sales practices and its widespread 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 costly deposit and credit card accounts for their customers, without those customers’ consent, in order to meet the banks’ aggressive sales goals. [Read more…]

Civil Litigation and Other Alternatives to Criminal Prosecution Can Achieve the Kind of Institutional Reforms Victims Care About

Abuse Victims

By Lieff Cabraser Attorney Avery Halfon

The cultural impact of Harvey Weinstein’s criminal conviction for felony sex crimes may be broader than any other in years. As the revelations of his abuse were the spark that ignited the #MeToo movement, his guilty verdict symbolizes a formal recognition how much sexual misconduct matters, how it happens, and the harm it causes. It may spur more potential individual and institutional offenders to “get it” and behave differently—not only because it may signal a more concrete risk of consequences, but because it may help those potential offender internalize why they should change their individual conduct or institutional culture to prevent sexual misconduct in the first place. As I wrote recently, both research and anecdotal evidence shows that such understanding and prevention is exactly what victims value most. [Read more…]

Elizabeth Cabraser in Trial Magazine on Meaningful Settlements that Bring Justice for Clients and Society

EJC In Trial Magazine April 2020

The American Association for Justice’s April 2020 issue of Trial magazine “Finding Your Way” includes a new article featuring commentary from Lieff Cabraser founding partner Elizabeth Cabraser, wherein she discusses meaningful settlements she’s  been involved in and gives advice to lawyers on negotiating terms in settlements that bring justice for both clients and society. The piece also includes material from David Sugerman and Paul Bland, other plaintiff’s attorneys who, like Cabraser, focus much of their efforts on protecting the rights of consumers. [Read more…]

Compliance Officer Receives $450K SEC Whistleblower Award

Second Biggest Whistleblower Payout in History Reaches $22 Million

As reported by Law.com (subscription), the U.S. Securities and Exchange Commission has given a $450,000 whistleblower award to a worker who had compliance-related job functions at an undisclosed company. This is the third time in eight years that an award has gone to an individual with compliance or internal audit duties at a company found to be engaged in fraud. [Read more…]

Zantac Ordered Off Store Shelves Over Cancer Risks

Blurred pink pills

FDA mandates halt to distribution of ranitidine (Zantac) due to potentially carcinogenic contamination

After previously warning consumers and doctors last September that it had found measurable amounts of the carcinogen NDMA (N-notrisodimethylamine) in samples of the widely-used heartburn medication Zantac, the U.S. Food and Drug Administration has now ordered manufacturers to immediately stop distributing all versions of the drug over new concerns that small amounts of the poison can increase in the drug when it is stored above room temperature. [Read more…]

Elizabeth Cabraser Talks To Law.com About How Plaintiffs’ Firms Are Functioning During COVID-19

Elizabeth Cabraser Talks To Law.com About How Plaintiffs’ Firms Are Functioning During COVID-19

Law.com has published a profile on the impact of the coronavirus outbreak on the way premier plaintiff law firms are conducting business in this week’s Critical Mass briefing for class action and mass tort attorneys. The profile features interviews with several prominent plaintiffs’ lawyers on working through isolation. The publication notes that while so-called “Big Law” defense firms have scrambled, struggling to effectuate remote work, many plaintiffs’ firms, particularly those which had previously embraced cutting-edge technological innovations, have transitioned to a fully remote working status almost seamlessly. [Read more…]