Class Action

  • March 18, 2024

    Judge Trims ADA Claims From Disney Worker's Vaccine Suit

    A Florida federal judge ruled Monday that a Disney employee fired for failing to comply with COVID-19 procedures cannot bring claims under the Americans with Disabilities Act because the law does not cover potential future disabilities, like the risk of infection from not being vaccinated.

  • March 18, 2024

    Gasket Maker That Sued Asbestos Lawyers Faces SC Trial

    A major gasket maker that has previously sued asbestos lawyers for unfairly targeting it went to trial in South Carolina on Monday against claims by a mesothelioma patient's widow that the company skipped necessary safety testing.

  • March 18, 2024

    Texas Hospital Loses Bid To Dismiss Patients' Hack Suit

    A Texas federal judge handed a win to the plaintiffs suing a hospital system in the aftermath of a hack that saw hundreds of patients' data pilfered, dismissing some of the claims in the proposed class action but allowing the suit to move forward after a hearing Monday.

  • March 18, 2024

    Doc Production Is 'Not That Hard,' MDL Judge Tells Snap's Atty

    A California magistrate judge laid out incentives Monday to spur depositions and document production in multidistrict litigation over social media's allegedly addictive design, rejecting defense counsel's arguments the incentives are "lopsided," and telling Snap's counsel document production is "not as hard as you're saying it is."

  • March 18, 2024

    Feds Try To Shake Off Youths' Constitutional Climate Suit

    The government has asked a California federal judge to dismiss a group of children's lawsuit alleging the Constitution guarantees "a life-sustaining climate system" and the U.S. Environmental Protection Agency allows unsafe levels of climate pollution.

  • March 18, 2024

    Feds Say CBP Isn't Responsible For Kids At Outdoor Border Sites

    The Biden administration says a California federal court can't hear claims that U.S. Customs and Border Protection is violating a 1997 settlement mandating safety standards for minors in immigration detention, saying children staying in alleged open-air detention sites aren't in CBP's custody.

  • March 18, 2024

    Amazon Again Tries To Sink NBA 2K Facial Scan Claims

    Amazon is insisting it did not run afoul of Illinois' biometric privacy law, saying an amended complaint in a proposed class action in Washington federal court has failed to show the e-commerce company's cloud service collected or disclosed facial scans of teens playing the hit game NBA 2K.

  • March 18, 2024

    Bayer Beats False-Ad Suit Over 'Honey Lemon Zest' Cold Med

    A New York federal judge on Monday tossed without leave to amend a proposed class action accusing Bayer Healthcare LLC of falsely claiming that its Alka-Seltzer Plus brand over-the-counter severe cold medication contains honey and lemon, saying the product's packaging reflects flavoring and not actual ingredients.

  • March 18, 2024

    4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court

    The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.

  • March 18, 2024

    Voyager Investors Suing Mark Cuban Seek Class Cert.

    Investors suing billionaire Mark Cuban over his role in promoting now-bankrupt Voyager Digital Ltd. have pushed for class certification and urged the court to rule that Voyager was selling unregistered securities.

  • March 18, 2024

    Biotech Ardelyx Beats Shareholder Suit Over Kidney Drug

    Biotechnology company Ardelyx Inc. has for now beaten a shareholder class action alleging the company and its top brass made false and misleading statements about regulatory approval of Ardelyx's drug for patients with chronic kidney disease.

  • March 18, 2024

    Apple Beats Most Claims In AirTag Stalking Suit, For Now

    A California federal judge has dismissed the majority of a proposed class action accusing Apple of not doing enough to safeguard its AirTag tracking device from being abused by stalkers, saying that apart from a few negligence and product liability claims under Golden State law, the rest need to be reworked.

  • March 18, 2024

    New York Magazine Urges Judge To Toss Reader Privacy Suit

    New York Magazine says it has too few Michigan-based subscribers for them to maintain a class action under a Michigan consumer privacy law, urging a judge to toss claims that it wrongfully disclosed readers' data to third parties.

  • March 18, 2024

    Pabst Gets Calif. Judge To Can 'Olympia Beer' False Ad Suit

    A California federal judge sided with Pabst Brewing Co. on Monday in a consumer's false advertising suit, finding that the label of its now-defunct Olympia Beer was unlikely to mislead a reasonable consumer into thinking the lager was brewed in Washington using Pacific Northwest water.

  • March 18, 2024

    Canada Dry Gets Va. Wage Claim Trimmed From OT Suit In Pa.

    A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.

  • March 18, 2024

    Kimberly-Clark Gets OK For $6M Deal Over Tainted Wipes

    A Texas federal court has granted final approval to a deal worth as much as $17 million — with $3.6 million going to plaintiff attorney fees — that would resolve claims that paper products manufacturer Kimberly-Clark sold flushable wipes contaminated with a bacteria particularly dangerous to those with weak immune systems.

  • March 18, 2024

    Plaintiffs Call For Sanctions Over PFAS MDL Deal Threat

    A proposed class in multidistrict litigation against DuPont and others alleging they contaminated drinking water with PFAS chemicals is urging a South Carolina federal court to sanction attorneys for a California water service, saying they violated court rules in their latest objections to a settlement.

  • March 18, 2024

    Mass. Law Firm Can't Escape Ex-Client's Data Breach Case

    A small Massachusetts law firm will have to face an ex-client's proposed class action claiming it was negligent and failed to protect her and others' personal information from hackers who breached the firm's computers and stole data, a Boston federal judge has ruled.

  • March 18, 2024

    Google Defeats BIPA Suit Over IBM Face Dataset, For Now

    Google has defeated a proposed class action by Illinois residents who accused the company of violating the state's biometric privacy laws with facial data collected by IBM, after a California federal judge said their claims don't establish that Google's alleged violations took place in the Prairie State.

  • March 18, 2024

    Vexed Judge Rejects Apple Affiliate's Bid To Duck Judgment

    A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.

  • March 18, 2024

    5th Circ. Revives Widows' Collections Suit Against Law Firm

    The Fifth Circuit has revived a proposed class action against Louisiana law firm Shows Cali & Walsh LLP regarding its efforts to recoup grant funds awarded in connection with Hurricane Katrina, saying a reasonable jury could find the law firm violated the Fair Debt Collections Practices Act.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 18, 2024

    Hospital Network Let $1B Plan Pay Excessive Fees, Suit Says

    A Northern California hospital network cost workers millions of dollars by failing to leverage the "mammoth" size of its retirement plan to get a better deal on recordkeeping and administrative fees, according to a proposed class action.

  • March 15, 2024

    Hagens Berman Defends Bid To Lead Yardi Price-Fixing Suit

    A putative class on Friday continued to push for the appointment of Hagens Berman Sobol Shapiro LLP as interim lead counsel for a rent price-fixing class action in Washington federal court after property management software company Yardi Systems Inc. and multiple landlords opposed the bid.

  • March 15, 2024

    9th Circ. Says No Arbitration For Rent-To-Own Class Claims

    The Ninth Circuit on Thursday said a rent-to-own company can't get a putative class action over its furniture rental fees sent to arbitration, saying the contract provision is unenforceable under California law.

Expert Analysis

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

    Author Photo

    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • What Recent Study Shows About AI's Promise For Legal Tasks

    Author Photo

    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.

    Author Photo

    A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.

  • For Now, Generative AI Is Risky For Class Action Counsel

    Author Photo

    Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.

  • The Epic Antitrust Cases And Challenges Of Injunctive Relief

    Author Photo

    The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.

  • Steps To Reduce CIPA Litigation Risks For Companies

    Author Photo

    As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

    Author Photo

    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • Handling Neurodivergence As The Basis Of Disability Claims

    Author Photo

    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Preempting Bottled Water Microplastics Fraud Claims

    Author Photo

    Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.

  • Wildfire Challenges For Utility Investors: Regs And Financing

    Author Photo

    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Del. Dispatch: How Moelis Upends Stockholder Agreements

    Author Photo

    The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.

  • Business Litigators Have A Source Of Untapped Fulfillment

    Author Photo

    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Wildfire Challenges For Utility Investors: Liability Theories

    Author Photo

    The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

  • The Challenges Of Measuring Harm In Slack-Fill Cases

    Author Photo

    A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.

  • Series

    Skiing Makes Me A Better Lawyer

    Author Photo

    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!