Class Action

  • May 02, 2024

    Camp Lejeune Litigants Ask Court Who Can Represent Family

    Family members of former residents of Camp Lejeune who died, allegedly after being exposed to contaminated drinking water, asked the North Carolina federal court overseeing the litigation on Wednesday to clarify who can qualify to act as a legal representative for out-of-state decedents.

  • May 02, 2024

    Sugar Price-Fixing Suits Combined In NY

    A New York federal judge consolidated six proposed price-fixing class actions against domestic sugar producers, siding with plaintiffs who wanted to try the cases as part of a multidistrict litigation.

  • May 02, 2024

    Barnes & Noble Joins Visa, Mastercard Settlement Objectors

    A new collection of major retailers is joining Target Corp. and Grubhub in objecting to a proposed settlement deal cut by Visa and Mastercard, saying the deal would actually codify an illegal price-fixing agreement.

  • May 02, 2024

    Microsoft, Activision Seek Del. Court Patch For $68.7B Sale

    Microsoft Corp. and Activision Blizzard petitioned Delaware's Court of Chancery on Thursday for an order validating Activision's already closed but officially "defective" $68.7 billion sale agreement, arguing that the court pointed the two companies to a "solution for missteps in Delaware's General Corporation Law.

  • May 02, 2024

    Kind Keeps Win At 2nd Circ. In MDL Over 'All Natural' Labeling

    The Second Circuit on Thursday affirmed a summary judgment for Kind LLC against a group of buyers who said the company misled consumers by labeling products as "all natural," saying the plaintiffs failed to establish through evidence how a reasonable buyer would understand the term.

  • May 02, 2024

    Chancery Ruling Plays Role In Tesla's S&P Governance Grade

    Business rating agency Standard & Poor's has revised downward to "moderately negative" electric vehicle company Tesla Inc.'s grade for management and governance, pointing in part to CEO Elon Musk's dominant role, and the company's "uncommonly high" risk from lawsuits, including the Delaware Chancery Court's recent scuttling of his $56 billion pay plan.

  • May 02, 2024

    ADM Investor Says Brass Misled About Growth, SEC Probe

    The current and former top brass of food processing company Archer-Daniels-Midland were hit with a derivative suit in Delaware federal court alleging they provided false information to investors about the company's growth and failed to disclose a U.S. Securities and Exchange Commission's investigation into its nutrition business.

  • May 02, 2024

    6th Circ. Appears Reluctant To Kick 401(k) Suit To Arbitration

    A Sixth Circuit panel seemed likely Thursday to deny two auto part companies' bid to compel arbitration of a lawsuit from workers who say their retirement savings were mismanaged, though the judges appeared divided on the broader question of whether retirement plans may force planwide claims into individual arbitration.

  • May 02, 2024

    Investors Not Entitled To Info, Sequel Youth Tells Chancery

    A once-thriving chain of youth treatment facilities that came under scrutiny after a private equity firm bought it in 2017 urged Delaware's Court of Chancery on Thursday to toss a lawsuit from two former executives who demanded financial information about their "eviscerated" investments, arguing that the company didn't have to provide it.

  • May 02, 2024

    Calif. Justices To Review Gilead's HIV Drug Negligence Fight

    The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.

  • May 02, 2024

    Split 10th Circ. Spikes $17.3M Atty Fee Over Class Notice

    A split Tenth Circuit panel has vacated for a second time a $17.3 million attorney fee award for reaching a $52 million class action settlement over gas well royalty payments, with the majority writing that the lower court erred by not requiring a new class notice regarding the revised fee bid.

  • May 02, 2024

    Moses & Singer, Ex-Partner Settle Pregnancy Bias Suit

    A New York federal judge on Thursday dismissed a lawsuit filed against litigation firm Moses & Singer LLP by a former partner who accused it of wrongfully firing her after she requested workplace accommodations for her pregnancy, saying the parties have reached "a settlement in principle."

  • May 02, 2024

    Chicago Transit Sued Again Over Medical History Probes

    Chicago's public transit system has been hit again with a genetic information privacy lawsuit by an employee who says the agency illegally probes applicants' medical histories as part of its hiring considerations.

  • May 01, 2024

    NJ, NY Law Firms Dominate Class Action Filings Since 2021

    Class actions have been steadily increasing over the past decade, with two firms from New Jersey and New York filing the most suits over the past three years, according to a new Lex Machina report surveying the class action field.

  • May 01, 2024

    Dental Supply Co. Must Face Suit Over COVID-Era Woes

    Dental health products supplier Dentsply Sirona Inc. failed to get a suit dismissed accusing it of misleading investors about the extent of its pandemic-era woes, with a New York federal judge finding the suit identifies dozens of actionable misleading statements and plausibly pleads knowledge of wrongdoing by Dentsply's former executives.

  • May 01, 2024

    Sony, PlayStation Users Spar Over Early Antitrust Cert. Denial

    Sony and PlayStation Store users fought before a California federal judge Wednesday over the company's bid to deny class certification to users who claim it overcharged them through a monopoly on downloadable game cards, with the users arguing that Sony waived its arbitration arguments under the Ninth Circuit's recent Hill ruling.

  • May 01, 2024

    5 Benefits Appellate Arguments To Watch In May

    The Second Circuit will be asked to revive a 401(k) mismanagement suit against Deloitte, the Sixth Circuit will consider whether to force arbitration of a 401(k) fee suit against two automotive companies, and the Seventh Circuit will review the U.S. Department of Labor's court-ordered takeover of a multiemployer benefit fund. Here, Law360 looks at five appellate arguments benefits attorneys will want to keep an eye on this month.

  • May 01, 2024

    Judge Mulls New Trial For Uber Drivers' Misclassification Suit

    A Pennsylvania federal judge on Wednesday seemed poised to start a second trial to determine whether drivers of Uber's high-end ride-share option are independent contractors or employees after a jury deadlocked on the issue in March.

  • May 01, 2024

    Split 2nd Circ. Backs Arbitration Denial In ERISA Suit

    A divided Second Circuit panel ruled Wednesday that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, saying that doing so would prevent a plan participant from seeking planwide remedies authorized by federal benefits law.

  • May 01, 2024

    Hotel Chains Hit With Algorithmic Pricing Collusion Suit

    A group of hotel-goers has hit six major hotel chains with a proposed class action, alleging that the companies used a shared pricing algorithm to fix and raise hotel prices nationwide.

  • May 01, 2024

    Chipotle Granted Win in Customer Change-Shorting Row

    A Pennsylvania federal judge gave Chipotle Mexican Grill an early win Wednesday in a lawsuit by customers alleging they were stiffed out of change during a coin shortage, finding that because the customers agreed to not receive coin change during their transactions, they can't reasonably argue the fast food giant did anything wrong.

  • May 01, 2024

    Apple Users Defend Web Apps Antitrust Case

    Consumers urged a California federal court not to toss their case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps that don't need to be downloaded, saying Apple used deals with Google and others to protect its dominance.

  • May 01, 2024

    3rd Circ. Flags Bayer's Knowledge Of Tainted Fungal Spray

    A proposed class of consumers who bought tainted Bayer antifungal sprays said they should have standing to sue because they didn't get the "benefit of the bargain" — and a Third Circuit panel questioned Wednesday if Bayer's separate suit blaming a supplier made the consumers' case for them.

  • May 01, 2024

    'Foul' BioVentrix Cash-Out Gets Extra Scrutiny, Chancery Says

    A medical device company's decision to suddenly and without explanation cash out its common stockholders for less than a penny just two months before the company raised $48.5 million in new capital creates such a "foul flavor" that it deserves extra scrutiny, a Delaware Chancery Court judge said Wednesday.

  • May 01, 2024

    Del. Justices Reverse Toss Of $7.3B Inovalon Deal Challenge

    Delaware's top court on Wednesday reversed a Chancery Court dismissal of stockholder challenges to the $7.3 billion go-private sale of Inovalon Holdings Inc. to Nordic Capital, saying that the lower court wrongly concluded that minority investors were adequately informed about the deal and special committee conflicts of interest.

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • NY Discovery Stay Ruling Empowers Securities Defendants

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    A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    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.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    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.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    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.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    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.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    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.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    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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