Class Action

  • March 04, 2024

    5th Circ. Says $100M Royalties Row Belongs In Fed. Court

    The Fifth Circuit has vacated a Texas federal court's remand of a $100 million suit in which a proposed class of mostly Texas property owners is accusing Devon Energy Production Co. of underpaying oil and gas royalties, ruling that the Class Action Fairness Act's "local controversy" exception does not apply.

  • March 04, 2024

    H-2A Farmworkers Seek Partial Win Ahead Of Wage Trial

    A certified class of migrant sugarcane farmworkers under the H-2A visa program asked an Arkansas federal judge to partly rule in their favor in a wage dispute set for an April jury trial, saying payroll records indicate the farm labor contractor shorted them $410,089 and that the owner should be held liable.

  • March 04, 2024

    Ohio Metal Parts Maker, Workers Seek OK Of Wage Settlement

    An Ohio-based metal parts manufacturer and a pair of workers who alleged they were stiffed for untaken breaks and time spent changing into safety gear told an Ohio federal court Monday that they had resolved their Fair Labor Standards Act dispute.

  • March 04, 2024

    Chrysler Gets Claims Trimmed In Truck Fire Defect Suit

    A Michigan federal judge on Monday trimmed one plaintiff's breach of express warranty claims and all unjust enrichment claims from a suit against Fiat Chrysler alleging it sold vehicles with engines prone to overheating and catching fire.

  • March 04, 2024

    $22M Deal Proposed In Golden Nugget-DraftKings Merger Suit

    Golden Nugget Online Gaming Inc. and public stockholders who challenged the venture's $1.56 billion all-stock sale to DraftKings Inc. in Delaware's Court of Chancery have agreed to settle the case for $22 million, with up to 23% reserved for class attorneys.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Storage Users Accuse Apple Of ICloud Monopoly

    A California iPhone buyer is bringing a proposed class action claiming that the limits Apple places on third-party cloud storage services violate anti-tying laws and drive up prices through an illegal monopoly.

  • March 04, 2024

    LifeWallet Settles With Insurers, Enhancing Claims Process

    Healthcare reimbursement venture MSP Recovery, which does business as LifeWallet, has announced a deal with 28 affiliated property and casualty insurers that would settle unreimbursed Medicare claims and provide historical data to streamline the process of resolving such claims in the future.

  • March 04, 2024

    L3Harris Agrees To Pay $650K To Wrap 401(k) Class Action

    Defense contractor L3Harris will pay $650,000 to end a class action accusing it of running afoul of federal benefits law by saddling retirement plan participants with high fees and expensive investment options, according to a Florida federal court filing.

  • March 01, 2024

    McDermott Investors' Cert. Bid Should Be Denied, Judge Says

    Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.

  • March 01, 2024

    Ventyx Investor Says Co. Overhyped Psoriasis Drug

    Ventyx investors filed a proposed securities class action in California federal court on Friday, alleging the biopharma company made misleading statements regarding the efficacy and commercial prospects of its candidate inhibitor to treat psoriatic arthritis and Crohn's disease, before terminating its second clinical phase, leading stock prices to drop 80%.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    Tesla Judge Sees 'Range Of Options' In Factory Race Bias Suit

    A California state judge who previously indicated she's prepared to certify a 6,000-member class of Black Tesla workers alleging the company allowed racist language and graffiti at a California factory cautioned Friday that she's still "exploring a range of options" on how to best adjudicate the case.

  • March 01, 2024

    Adamas' Ex-COO Agrees To $4.6M Deal In Investor Suit

    Adamas Pharmaceutical Inc. investors asked a California federal judge on Friday to approve a $4.65 million settlement with the company's former chief operating officer to resolve proposed class claims the company misled consumers about the success of its treatment for Parkinson's disease.

  • March 01, 2024

    Gatos Silver Investors Get Initial OK On $21M Settlement

    A district judge granted preliminary approval to a $21 million settlement between a class of investors and precious metals producer Gatos Silver Inc. over allegations the company's Mexican operation fell short of expectations.

  • March 01, 2024

    General Mills Hit With False Ad Suit Over Pesticide In Cheerios

    A General Mills Inc. customer filed a proposed class action in New York federal court Thursday, alleging the company's labeling of its Cheerios brand is deceptive because it does not disclose that the cereals could contain dangerous levels of a pesticide that can reduce fertility and harm fetuses.

  • March 01, 2024

    EV Maker Rivian Rips Investors' Class Cert. Bid In Fraud Suit

    Investors alleging Rivian Automotive Inc. underpriced its electric vehicles and misrepresented its profitability ahead of a blockbuster 2021 initial public offering cannot certify their class with zero evidence, weak fraud-on-the-market theories and troubling litigation tactics, Rivian argued in a California federal court filing Thursday.

  • March 01, 2024

    Avalara Beats Investors' $8.4B PE Buyout Challenge For Good

    A Washington federal judge refused Friday to give another chance to a proposed shareholder class action alleging Avalara lied to win investors' support for an $8.4 billion private equity buyout, in an order finding the lead plaintiff failed again to show the tax software company made false statements.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    NY Judge Tosses $6.4B BMS Investor Action For Good

    Celgene Corp. investors could not convince a New York federal judge that Bristol-Myers Squibb Co. was intentionally trying to flout securities law by delaying the U.S. Food and Drug Administration's approval of a cancer treatment in order to avoid giving them a $6.4 billion payout. 

  • March 01, 2024

    BofA Trims Zelle Fraud Victims' Suit For Good On 3rd Try

    A California federal judge has again trimmed a lawsuit accusing Bank of America of refusing to reimburse Zelle fraud victims, narrowing the case to a breach of contract claim and denying the plaintiffs another opportunity to rework their complaint.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    Judge Says TCPA Class Limits Affect Only State Law Claims

    A Washington federal judge denied UnitedHealthcare's move to dismiss illegal automated call claims from non-Washington members in a Washington man's class action, calling the company's invocation of a 2017 U.S. Supreme Court ruling a "strained theory that has been rejected by every Circuit Court that has considered it."

  • March 01, 2024

    McCarter & English Denied $1M Fee Bid In Celsius Ch. 11

    A New York bankruptcy judge has granted requests by a number of creditor groups in the Celsius Network Chapter 11 case for fees and expenses but denied a $1 million request by a borrower group represented by McCarter & English, saying it had failed to make a substantial contribution to the case.

Expert Analysis

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Strategies For Single-Member Special Litigation Committees

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    The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Keeping Up With Class Actions: Data Breach Litigation In Flux

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    In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

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