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Class Action
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June 04, 2024
Differences In Lost Car Resale Value Doom Class Certification
A Massachusetts judge has concluded that a group of drivers who want insurers to cover the lost value of their vehicles following crashes still can't show how liability could be established without an individualized assessment, dooming their latest bid for class certification.
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June 04, 2024
Tax Law Firm Can't Kick Ex-Clients' Class Suit To Arbitration
Former clients of a Florida-based tax law firm who live in Wisconsin can move forward with their proposed class action accusing the firm of malpractice and charging illegal fees, a Wisconsin federal judge ruled Tuesday, rejecting the firm's requests to toss the suit or move it to arbitration.
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June 04, 2024
BofA Gets First Nod For $21M Wire Fee Settlement
A North Carolina federal judge gave an early nod Tuesday to a $21 million settlement between Bank of America NA and the proposed class of its customers who accused it of slapping $15 "junk fees" on their incoming wire transfers, with $7 million of the deal going to class counsel.
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June 04, 2024
NM Cannabis Co. Says Insurers Can't Toss Medical Weed Row
A group of insurers can't escape a proposed class action demanding they cover medical marijuana costs, a cannabis company and several of its patients said, telling a New Mexico federal court that medical cannabis is a medically necessary behavioral health service that must be covered.
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 03, 2024
General Mills Facility Run By White Supremacists, Suit Says
General Mills workers sued in Georgia federal court on Sunday alleging the food giant tolerated a racist environment at its Covington plant perpetuated by a fraternity of white male supremacists who used Confederate and Ku Klux Klan-associated imagery and who treated Black workers unfairly, including by denying them promotions.
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June 03, 2024
Self-Driving Tech Co. Beats Investor Suit Over Chip Pic Gaffe
Autonomous vehicle technology company Luminar Technologies Inc. no longer faces a proposed investor class action alleging it passed off an image of a competitor's technology as its own after a Florida federal judge found that the allegedly stolen image wouldn't actually be relevant to reasonable investors.
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June 03, 2024
PacifiCorp To Pay $178M To 400 Oregonians Over Fires
PacifiCorp has agreed to pay $178 million to more than 400 Oregon residents affected by a cluster of wildfires that burned more than a million acres of land on Labor Day 2020 amid dangerously dry and windy weather conditions, the utility announced Monday.
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June 03, 2024
California Pizza Kitchen Hack Deal Is Half Baked, 9th Circ. Told
An attorney for objectors to a settlement between a class of current and former California Pizza Kitchen employees and the restaurant chain over a data breach told a Ninth Circuit panel on Monday that the district court did not properly scrutinize the deal or allegations of collusion between the parties.
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June 03, 2024
Humana Hit With Investor Suit Over Post-COVID Costs
Health insurer Humana and two executives were hit with an investor class action on Monday, claiming they misled shareholders about the cost of pent-up demand for medical treatments once the COVID-19 pandemic subsided.
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June 03, 2024
Ft. Lauderdale Sued Over Police Response To Floyd Protests
Several people who participated in the 2020 George Floyd protests have brought a proposed class action in Florida federal court against Fort Lauderdale officials, alleging their civil rights were violated by the police department's violent response to the peaceful demonstrations.
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June 03, 2024
Fifth Third Bank Sued Over 'Hidden' Cost Of Solar Panel Loans
Fifth Third Bank faces a proposed class action alleging that its solar panel financing business violated the federal Truth in Lending Act by failing to disclose that it keeps a significant portion of the cost of certain solar panel system purchases while telling consumers it was lending to them at a low interest rate.
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June 03, 2024
Navy Federal Lets AI Co. Monitor Calls, Suit Says
Navy Federal Credit Union has been letting an artificial intelligence software company intercept, analyze and record all its customer calls, according to a new lawsuit accusing the nation's largest credit union of putting its members' confidential, personal and financial information at risk.
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June 03, 2024
Vietnamese EV Co. Hit With Investor Suit Over SPAC Merger
Vietnamese electric car manufacturer VinFast Auto and several executives have been hit with a proposed class action alleging they exaggerated the strength of VinFast's business model and prospects following a merger with a special-purpose acquisition company last year.
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June 03, 2024
DuPont Can't Escape Retirees' Pension Calculation Suits
A federal judge in Delaware on Monday denied most motions to dismiss and overruled all objections in federal proposed class actions accusing E.I. duPont de Nemours & Co. of using outdated actuarial formulas to calculate workers' retirement benefits.
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June 03, 2024
No Sanctions For 'Fraudulent' Signatures In 3M Earplug MDL
A Florida federal judge has decided against sanctioning two law firms that signed documents in place of their clients but chastised their lawyers' "obviously improper" act, which could have cut their clients out of their share of the $6 billion settlement in the 3M combat earplugs multidistrict litigation.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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June 03, 2024
Jeep Driver Files Proposed Class Suit Over Battery Defect
Stellantis North America has been slapped with a proposed class action in California federal court alleging that although the carmaker's 2021 Jeep Wrangler Unlimited 4XE suffers from a serious battery system defect, the company has refused to issue a recall or fix the vehicles.
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June 03, 2024
Del. Court Tosses SPAC Suit Targeting $2.4B EV Co. Deal
A Delaware vice chancellor has tossed a suit filed by an investor of a blank-check company challenging the $2.4 billion take-public deal it completed with electric-vehicle company Canoo Holdings Ltd., saying the investor's allegations of poor performance are not enough to assert claims for breaches of fiduciary duties.
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June 03, 2024
Eversource 'Shamelessly' Touts Dangerous Fuel, Suit Says
Eversource Energy promotes natural gas as a safe, clean energy source when it knows otherwise and engages in "greenwashing" that minimizes its impact on the environment, according to a proposed class action filed in state court on behalf of Massachusetts residents serviced by the utility.
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June 03, 2024
Equifax Judge OKs $1.1M Atty Fees In Debt Reporting Deal
Attorneys will recover $1.1 million in fees for securing $500 payments for class members in litigation alleging Equifax reported unenforceable debts, a decision that comes several months after a California federal judge warned he would likely hold a portion of the fees until he learned the ultimate settlement payout.
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June 03, 2024
Restaurants Fight Bid-Rigging Release In $75M Chicken Deals
Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.
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June 03, 2024
PPG Blames Enviro Groups For Pa. Site Cleanup Delay
PPG Industries told a Pennsylvania federal judge Monday that the company shouldn't be fined for delaying its cleanup of an industrial waste site outside Pittsburgh because it was ready to start work in the 1990s but was slowed by infeasible demands from state regulators and environmental groups.
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June 03, 2024
Google Must Face Online Tax Filer's Privacy Suit
An Illinois woman who prepared her taxes online through H&R Block and then sued Google, claiming the search engine's tracking tool effectively eavesdropped on her confidential tax information, can move forward with her proposed class action, a California federal judge ruled Monday.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Del. Lessons For Director-Nominees On Sharing With Activists
The Delaware Chancery Court's recent decision in Icahn Partners v. deSouza finding that a director wasn't permitted to share certain privileged information with the activist stockholders that nominated him shows the need for companies to consider imposing appropriate confidentiality requirements on directors, say attorneys at Sullivan & Cromwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Opinion
Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders
The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.