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May 23, 2024
NCAA, Athletes Settle NIL Class Action Over Billions In Pay
The NCAA said Thursday it has reached a settlement with the former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades before the U.S. Supreme Court overturned the NCAA's compensation ban.
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May 23, 2024
Bell, Boeing Face Suit Over Marines Killed In Osprey Crash
The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.
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May 23, 2024
Wiz Khalifa Settles Suit Over Cannabis Venture
Rapper Wiz Khalifa has settled a lawsuit filed by the co-owner of his cannabis enterprise who claimed he was cut out of a $20 million deal to license the artist's name and likeness to promote cannabis products.
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May 23, 2024
Skadden-Led Hg Buys Risk Platform Co. AuditBoard For $3B
Cooley LLP-advised AuditBoard Inc. on Thursday announced that it has agreed to be bought by European software and services business investor Hg Capital, guided by Skadden Arps Slate Meagher & Flom LLP, in a deal valued at over $3 billion.
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May 23, 2024
22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule
A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.
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May 23, 2024
Apple Investor Again Seeks Green Light For $490M Settlement
An Apple Inc. investor has asked a California federal judge to revisit a $490 million settlement deal that would end claims the tech giant misled investors about iPhone sales in China, telling the court that it had addressed the judge's critique that parts of the relevant filings were "convoluted."
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May 23, 2024
LA Jury Awards $58M To Train Yard Worker Injured In Slip
A train yard worker was awarded over $58 million this week by a Los Angeles jury due to an injury that he says occurred when he slipped on top of a wet train car, which resulted in a fractured foot and a diagnosis of complex regional pain syndrome.
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May 23, 2024
Pipe Supplier Can't Nix $2.6M 'Take Home' Asbestos Verdict
A California appeals panel won't upend a $2.6 million verdict against J-M Manufacturing Co. Inc. in a case alleging a man contracted mesothelioma because of his brother's work, rejecting the company's argument that the court should apply a duty standard for negligence claims to the man's strict liability claim.
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May 23, 2024
Amazon Workers' $5.5M COVID Screening Deal Gets Initial OK
A California federal magistrate judge on Wednesday gave her preliminary blessing to a $5.5 million settlement Amazon agreed to pay to a class of 250,000 employees who accused the digital retail behemoth of failing to pay for time spent undergoing mandatory COVID-19 screenings before their shifts.
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May 23, 2024
NCAA Can't Move Colo. Athlete Pay Case
A Colorado federal judge on Thursday rejected a bid by the National Collegiate Athletic Association and collegiate athletic conferences to move athletes' compensation allegations to California, where two similar cases are being heard, highlighting the choice by named plaintiffs to have their claims heard in Colorado.
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May 23, 2024
UBH Urges 9th Circ. To Take Up Petition In Health Claim Fight
United Behavioral Health implored the Ninth Circuit to grant the insurance company's petition for appellate court intervention in a consolidated action alleging mismanagement of mental health and substance use disorder treatment claims, arguing a California federal court clearly erred by allowing further pleadings on a denial of benefits claim.
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May 23, 2024
Merck To Pay $600M For KKR-Backed Life Sciences Biz
Menlo Park, California-based Gamma Biosciences said Thursday it has agreed to sell its operating company Mirus Bio for $600 million in cash to Merck KGaA, inking the deal under the guidance of Sidley Austin LLP.
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May 23, 2024
Deals Rumor Mill: NY Yankees, Abu Dhabi Bank, Int'l Paper
Yankees’ minority stake could hit the market, First Abu Dhabi could pay $8 billion for a stake in an Istanbul-based lender, and Suzano could sweeten its $15 billion bid for International Paper. Here, Law360 breaks down the notable deal rumors from the past week.
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May 23, 2024
Senate Democrats Join GOP To Kill Bipartisan Border Bill
The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.
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May 23, 2024
High Court Urged To Rule On FCC Question In TCPA Dispute
A chiropractic practice group is asking the U.S. Supreme Court to take another crack at the question of whether district courts must adhere to a Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act, in a bid to revive its proposed class action against McKesson over junk faxes.
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May 23, 2024
Coverage Suit Paused Until Resolution Of Gun Sales Dispute
A California federal court paused Crum & Forster's suit against a police gun and fitness club and the city of Los Angeles over coverage for underlying actions brought by officers accusing the club of selling them stolen handguns, citing factual overlap between the actions.
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May 23, 2024
Whirlpool Aims To Sink Fridge Wiring Defect Claims
Whirlpool Corp. is asking a Delaware federal court to throw out claims in a consolidated class action alleging it sold refrigerators with defective wiring, saying the complaint fails to show it had any knowledge of the defect.
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May 23, 2024
Ambulance Co. Owner Accused Of $1M Pandemic Loan Fraud
The owner of a California ambulance company who was charged last year with tax evasion and filing false returns has been further accused of fraudulently securing $1 million from federal pandemic relief loan programs, according to the U.S. Department of Justice.
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May 23, 2024
Oakland Coliseum Sold To Black-Led Biz Group For $105M
The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.
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May 23, 2024
Fisher Phillips Reinforces Calif. Labor And Employment Team
Fisher Phillips has hired two of counsel in its Irvine, California, office to continue representing employers and helping those clients navigate a range of labor and employment matters.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 23, 2024
Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel
It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.
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May 23, 2024
Akerman Brings On Kilpatrick Tax Ace In LA
Akerman LLP is boosting its tax team, bringing in a Kilpatrick Townsend & Stockton LLP corporate tax and energy tax credit expert as a partner in its Los Angeles office.
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May 22, 2024
Stubhub, Attys Beat Sanctions Bid For Lost Hyperlinked Docs
A California federal magistrate judge on Monday rejected a request for sanctions against StubHub and its counsel over problems finding hyperlinked documents in a case brought by consumers seeking refunds for events that were canceled or rescheduled due to COVID-19, saying the court's order requiring their production was "in most cases impossible to comply with."
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May 22, 2024
Caesars Escapes Privacy Suit Over Online Video Games
A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.
Expert Analysis
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Opinion
CFPB Must Clarify When Anti-Fraud Benefits Offset Harms
The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Bracing For Calif.'s New Health Transaction Framework
As California's new cost and market impact review regulations' April 1 date for its updated notice and review process approaches, healthcare entities should ready themselves for dramatic changes to the state's regulatory landscape and prepare for potentially substantial transaction delays, say Jordan Grushkin and Matthew Goldman at Sheppard Mullin.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.