Federal Grand Jury Validates Allegations in In re: Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation
A federal grand jury indicted Indivior Inc. and Indivior PLC for fraudulently marketing its blockbuster drug, Suboxone. The indictment echoed the same allegations made by plaintiffs in In re: Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, No. 2:13-md-02445, a civil case that plaintiffs have been litigating in the ...
Walmart Employees Win $6 Million Judgement in Meal Break Lawsuit
On April 12, 2019, a California federal jury awarded $6 million to Walmart workers at a Chino, California warehouse who worked as "Associates" as far back as June 8, 2013. During meal breaks, Walmart required Associates to go through a lengthy "asset protection" process that included an anti-theft metal detector checkpoint if they wished to ...
U.S. House of Representatives Passes Paycheck Fairness Act to Attack Gender Pay Gap
The United States House of Representatives passed the proposed Paycheck Fairness Act (the "Bill") to rid employees of sex-based pay differentials and make wage practices more transparent. The Bill adds several layers of procedural protections to the Equal Pay Act of 1963 ("EPA") and requires employers to prove that any wage discrepancies are ...
DOL Proposes New Rule for Overtime Eligibility
On March 07, 2019, the United States Department of Labor ("DOL") proposed to increase the salary threshold required for executive, administrative and professional ("EAP") workers to qualify as exempt from overtime under the Fair Labor Standards Act ("FLSA"). Once finalized, the DOL rule will convert more than one million workers – earning ...
Faruqi & Faruqi Defeats Motion to Dismiss In Consumer Class Action Challenging Bayer’s Flintstones Complete Multivitamin Gummies
On March 6, 2019, Judge John A. Kronstadt of the Central District of California denied Bayer's motion to dismiss plaintiff's complaint in its entirety. The Court declined to dismiss plaintiff's allegations that defendants mislead consumers into believing their Flintstones Complete Children's Multivitamin Gummies products contain a complete ...
Geographical Origin Consumer Cases On The Rise
When shopping for everyday items, it's not only what's inside the package that counts. Consumers care about the product's background, and rightfully so. It comes as no surprise that geographical origin lawsuits for consumer products are becoming increasingly common. Just recently, on February 27, 2019, a collection of Kona, Hawaii coffee growers ...
Federal Judge Reverses Decision in Blockchain ICO Case
Judge Gonzalo Curiel of the Southern District of California has reversed his recent decision to deny the Securities and Exchange Commission's ("SEC") motion for a preliminary injunction against Blockvest's Initial Coin Offering ("ICO"). In an order dated February 14, 2019, Judge Curiel granted the SEC's motion to reconsider his earlier decision. ...
Faruqi and Faruqi Clients Object to Synergy Pharmaceuticals’ Bankruptcy Plan on Behalf of Putative Shareholder Class
On February 21, 2019, co-lead plaintiffs of a putative Synergy Pharmaceuticals shareholder class objected to Synergy Pharmaceuticals' Chapter 11 Bankruptcy Plan. The objection was made before Judge James L. Garrity in the United States District Court for the Southern District of New York. It states, inter alia, that the Plan would improperly ...
Defendants’ Motion for Stay Denied in Lamictal Pay-For-Delay Case
On February 15, 2019, Magistrate Judge Cathy L. Waldor issued a text order denying defendants GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd.'s motion to stay the district court proceedings pending resolution of their Rule 23(f) petition to review the Court's order certifying the direct purchaser class. GSK and Teva petitioned ...
Faruqi & Faruqi, on Behalf of Direct Purchasers, Defeats Motion to Dismiss in Zetia Pay-For-Delay Case
On February 6, 2019, Magistrate Judge Douglas E. Miller of the Eastern District of Virginia recommended that the district court deny defendants Merck & Co., Inc. and Glenmark Pharmaceuticals Inc.'s motion to dismiss in the pay-for-delay case over Merck's blockbuster cholesterol drug Zetia. Faruqi & Faruqi represent the direct purchaser plaintiffs ...
Insider Trading Plans Come Under Legislative Scrutiny
A new House Bill, the "Promoting Transparent Standards for Corporate Insiders Act," could change how corporate insider trading is conducted and disclosed. On January 28, 2019, the full House overwhelmingly voted to give the Securities and Exchange Commission ("SEC") the authority to carry out a study on SEC Rule 10b5-1. Under the current Rule, ...
Recent Sec Actions Highlight the Importance of Implementing Effective Cybersecurity Measures
On January 15, 2019, the United States Securities and Exchange Commission ("SEC") filed a civil complaint against thirteen individuals and entities for allegedly hacking into the SEC's EDGAR filing database between May and at least October 2016. The complaint alleges that the hackers reaped over $4.1 million from trading on information in ...