Class Action

  • September 23, 2022

    Barclays Hit With Investor Suit Over $17.6B Securities Error

    Barclays PLC assured shareholders of the effectiveness of its internal financial reporting, but that clearly wasn't true as evidenced by the $17.6 billion of securities the British bank erroneously issued — a mistake that significantly damaged investors' pocketbooks, according to a lawsuit filed Friday in New York federal court.

  • September 23, 2022

    Website Wiretap Ruling Fueling Lawsuit Spike, 3rd Circ. Told

    A recent Third Circuit ruling that revived claims that online user tracking violates Pennsylvania's anti-wiretapping law has spurred the filing of at least 10 similar lawsuits against major out-of-state companies such as Meta and GameStop, according to a Friday brief from a pair of companies seeking to overturn the decision.

  • September 23, 2022

    Casino To Pay $5.5M To End Server's Wages Class Action

    A New York federal judge granted preliminary approval for a casino's $5.5 million settlement of a class action Thursday, ending claims that Rush Street Gaming LLC owed overtime wages and failed to inform its tipped employees about required tip credit provisions prior to paying a sub-minimum wage.

  • September 23, 2022

    Musk Loses Bid For Privilege Waiver Amid Twitter Doc Fight

    The Delaware Chancery Court on Friday refused Tesla CEO Elon Musk's request for a "blanket" waiver of the attorney-client privilege Twitter Inc. has cited in refusing to hand over documents in litigation over Musk's attempt to get out of his $44 billion offer to buy the company.

  • September 23, 2022

    Deutsche Bank To Pay $26M To End Investor Suit Over Epstein

    Deutsche Bank has agreed to pay nearly $26.3 million to end a proposed class action from investors who accuse the German lender of causing its share price to drop through its dealings with bad actors such as Jeffrey Epstein, the investors told a New York federal court Friday.

  • September 23, 2022

    Stockholders Reach Far For Damages In Chancery Opioid Suit

    An attorney for stockholders suing AmerisourceBergen Corp.'s top executives and directors to recover damages for the company in the wake of the opioid epidemic told a Delaware vice chancellor Friday that damage claims could stretch back several years.

  • September 23, 2022

    Lowe's Gets PAGA Suit Dismissed Thanks To Viking River

    A California federal judge cited a recent U.S. Supreme Court decision in concluding that an arbitration agreement precluded a Lowe's worker from litigating wage claims under California's Private Attorneys General Act, kicking the suit to arbitration.

  • September 23, 2022

    Work Permit Suit Tossed After USCIS Adjudicates Applications

    A D.C. federal judge tossed a proposed class action Friday by 95 visa holders who allege the U.S. Citizenship and Immigration Services' lengthy processing times for work permit applications violate the Administrative Procedure Act, finding the agency has since issued decisions on each application and the claims are moot.

  • September 23, 2022

    Chancery Rejects 'Ethereal' Steel Connect Settlement

    A Delaware court on Friday rejected a revised settlement to a Steel Connect Inc. shareholders' lawsuit challenging the logistics company's $476 million purchase of corporate marketing firm IWCO Direct in 2017, leaving Steel Connect shareholders with uncertainty as they head into a vote next week to take the company private.

  • September 23, 2022

    J&J Wants 'Rapid Release' Tylenol Class Claims Tossed

    A Johnson & Johnson unit on Friday asked a New Jersey federal judge to toss a second attempt at a lawsuit from California consumers alleging that the company misled them to believe Tylenol Rapid Release Gelcaps work faster than tablets, saying they have no grounds to sue.

  • September 23, 2022

    5 Parity Cases Benefits Lawyers Should Watch

    A group of lawsuits percolating up through the courts from patients who say insurers violated federal law by skimping on coverage for mental health and substance use disorder treatments will shed light on what such cases need to survive and what remedies plaintiffs can win, attorneys say.

  • September 23, 2022

    Illinois Judge Cancels City's Streaming Service Fees Suit

    An Illinois federal judge on Friday permanently tossed a St. Louis suburb's lawsuit seeking fees from Netflix, Hulu, Amazon, YouTube and eight other video streaming services for operating within its boundaries, ruling the city had no authority under state law to bring its claims.

  • September 23, 2022

    Judge Trims Fannie, Freddie Investors' Stock Profit Suit

    A D.C. federal judge on Friday partially granted Fannie Mae and Freddie Mac summary judgment on the remaining claim in a class action alleging the government misstepped when tweaking stock purchasing agreements allowing it to "sweep" the companies' net worth.

  • September 23, 2022

    Citibank Raised Veterans' Rates After Active Duty, Suit Says

    Citibank N.A. has been hit with a proposed class action by four U.S. veterans claiming the bank deprived eligible servicemembers of promised low interest rates by jacking up rates after their active duty, and roadblocking requested benefits even when sufficient documentation was provided to qualify.

  • September 23, 2022

    NC Live-In Staff Win Conditional Cert. In FLSA Suit

    A proposed class of workers won conditional certification on Friday for an overtime wages collective action against a nonprofit that provides housing for people with intellectual disabilities.

  • September 23, 2022

    Bristol-Myers Must Face Celgene Deal Suit In NJ State Court

    A New Jersey federal judge has sent back to state court class claims alleging Bristol-Myers Squibb Co. misled investors with respect to its $74 billion acquisition of Celgene Corp., dealing another blow to the pharmaceutical giant after it recently lost its bid to keep a similar case in New York federal court.

  • September 23, 2022

    J&J Unit Looks To Scrub BIPA Suit Over Skin Care App

    A Johnson & Johnson subsidiary looking to throw out a proposed data privacy class action involving a digital skin care app told a New Jersey federal judge on Thursday that consumers are trying to stretch an Illinois state law governing biometric data "far beyond its intended limits."

  • September 23, 2022

    Guess Board Ignored Exec's Harassment, Del. Suit Alleges

    Board members at Guess Inc. have tolerated "sustained, despicable, and abusive sexual misconduct" by the fashion company's co-founder Paul Marciano for more than four decades, harming the company and its shareholders through their continued inaction, a Delaware Chancery Court complaint alleges.

  • September 23, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 23, 2022

    Investors Say Law Firm Should Face Pot Co. Fraud Suit

    An investment company has urged a Colorado federal court to reject law firm Tannenbaum & Trost LLC's bid to escape claims that it and a cannabis company's principals defrauded investors, saying claims against the law firm don't implicate the Controlled Substances Act.

  • September 23, 2022

    Pipe Co. Gets Worker Stock Buyback Suit Sent To Arbitration

    Piping company ISCO Industries Inc. convinced a Kentucky federal judge to toss a lawsuit alleging the company's owners and executives underpaid workers in a $96.6 million stock buyback deal, rejecting workers' argument that their claims shouldn't go to arbitration because they didn't involve their jobs.

  • September 22, 2022

    Chicago Urges Court Not To Revive Genetic Bias Damages Bid

    The city of Chicago told an Illinois federal judge that workers cannot restore claims for cash damages in their suit alleging that a city wellness program violated federal genetic discrimination law, saying the workers' bid to reinstate the claims is untimely and baseless.

  • September 22, 2022

    Attys Secure $80M Fee Award In Calif. Oil Spill Settlement

    The California federal judge who oversaw the seven-year class action fight waged by California fishers and property owners harmed by an oil spill says the Lieff Cabraser and Keller Rohrback attorneys behind the litigation deserve their nearly $80 million payday.

  • September 22, 2022

    9th Circ. Says Hydroponic Food Can Use 'Organic' Labels

    The Ninth Circuit on Thursday upheld a finding that the U.S. Department of Agriculture may continue to allow hydroponic growers to label their goods as "organic," rejecting arguments by traditional organic farmers that hydroponically grown foods can't be organic under the Organic Foods Production Act.

  • September 22, 2022

    Transplant Co. Hit With Investor Suit Over Bundling Probe

    Executives and directors at CareDx Inc. opened the organ transplant services company up to federal probes and liability by improperly bundling expensive testing services with the at-home blood drawing service it launched in response to the COVID-19 pandemic, a shareholder suit alleges.

Expert Analysis

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • How SEC's Climate Proposal Could Affect Litigation Risk

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    The U.S. Securities and Exchange Commission's proposed rule on climate-related disclosures could increase companies' risk of being targeted by litigation — but there are also a number of legal obstacles that could limit plaintiffs' ability to prove their claims and establish damages, say attorneys at Cleary.

  • The Pros And Cons Of US-China Auditing Oversight Deal

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    A recent agreement between the Public Company Accounting Oversight Board and Chinese securities regulators opens the door for U.S.-listed companies audited by China-based accounting firms to continue trading on U.S. exchanges, but may also increase companies' enforcement risk, say attorneys at Morgan Lewis.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Opinion

    Section 230 Shouldn't Protect Big Tech On Casino Apps

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    In its recent decision to trim claims in the multidistrict litigation alleging Apple, Google and Meta illegally distribute gambling apps, a California federal court should have held that Section 230 immunity does not apply at all because the companies' conduct goes far beyond just providing a platform to promote and sell apps, says Raphael Janove at Pollock Cohen.

  • The Role Of Tweets, Memes, Emoji In Musk Securities Saga

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    Brad Foster at Haynes and Boone reviews securities law scenarios in the coming Twitter v. Musk litigation in Delaware and the class actions waiting in the wings, and explains how Elon Musk's tweets, memes and emoji might come into play.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • 7th Circ. 401(k) Ruling Supports Early ERISA Claim Dismissal

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    The Seventh Circuit’s recent dismissal of 401(k) mismanagement and excessive fee claims in Albert v. Oshkosh may allay concerns that the U.S. Supreme Court's opinion in Hughes v. Northwestern University would influence courts to deny dismissal motions in similar Employee Retirement Income Security Act cases, say attorneys at Proskauer.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Robotext Scam Bill Could Transform TCPA Landscape

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    Nearly a year and a half after the U.S. Supreme Court's landmark Facebook v. Duguid decision, the recently introduced federal Robotext Scam Prevention Act could undo judicial work surrounding the Telephone Consumer Protection Act and alter how businesses can contact consumers, say attorneys at Mintz.

  • Testing Option Market Efficiency In Securities Class Actions

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    Following a California federal court's suggestion in an Apple securities case that more detailed analyses may be required to demonstrate market efficiency for options, Edward Flores at NERA Economic Consulting offers insight into performing analyses on aggregate using all option data and individually for each unique option pair.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • Why FLSA Settlement Reviews May Be Increasingly Unneeded

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    While most federal courts have followed the Eleventh Circuit's 1982 holding in Lynn's Food v. U.S. that Fair Labor Standards Act claims may be settled only with approval by a court or the U.S. Department of Labor, more courts are beginning to question — or outright challenge — that obligation, say attorneys at Jackson Lewis.

  • Autonomous Vehicle Product Liability Cases: The Road Ahead

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    There have been few traditional product liability lawsuits surrounding autonomous vehicles so far, but a review of three notable recent cases offers insights into where future litigation may be heading — and in particular, how negligence and failure to warn claims may fare in court, say Elsa Bullard and Tess Godhardt at Faegre Drinker.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

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