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Class Action
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September 24, 2024
Conn. Officials Want Nursing School Students' Claims Nixed
Pointing to the state's interests in regulating professions and the principle of sovereign immunity, Connecticut officials accused of "overreach" for withholding licenses from students at a shuttered nursing school say a federal judge must dismiss proposed class claims by affected students.
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September 24, 2024
10th Circ. Judge Wants More Info Before Arbitration Decision
A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.
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September 24, 2024
DuPont Employee Defends Mass Email In ERISA Trial
A DuPont employee was scrutinized on the witness stand Tuesday for the way a worker learned about how the chemical company's merger with Dow would impact their benefits, with a judge calling a heavily redacted trial exhibit useless and a plaintiffs' attorney quizzing her on basic email functions.
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September 24, 2024
Electrolux Stove Defect Suit In NC On Hold For Earlier Case
A North Carolina federal judge Tuesday paused a proposed class action alleging Electrolux Home Products sells defective ranges that turn on too easily, adopting a magistrate judge's report that said a stay is appropriate to await the outcome of a preceding case with similar allegations pending in Michigan federal court.
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September 24, 2024
Electric Mustang Drivers Drop Ford Battery Defect Suit
Mustang Mach-E drivers have quietly dropped their suit accusing Ford Motor Co. of selling nearly 50,000 of electric vehicles with a dangerous battery defect that makes the car spontaneously shut off while driving.
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September 24, 2024
Tractor Supply Co. Tobacco Fee Violates ERISA, Suit Says
Tractor Supply Co. illegally charged workers who used tobacco an extra fee through their health insurance plan without explaining they could dodge the charge if they participated in a smoking cessation program, according to a proposed class action filed in Pennsylvania federal court.
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September 24, 2024
Darden Committed 'Wage Abuse' Against Workers, Suit Says
Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.
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September 24, 2024
'The Predators Are Back,' Mich. Tax Foreclosure Attys Warn
Lawyers for a proposed class accusing Michigan counties of unlawfully keeping proceeds of their tax-foreclosed home sales urged a federal judge Monday to bar a third-party claims firm and a "conspiring" Michigan attorney from trying to snatch away class members using tactics they called abusive and illegal.
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September 24, 2024
Amazon Shareholders Try To Save Suit Over Blue Origin Deal
Stockholders who sued Amazon founder Jeff Bezos and the company's board in Delaware's Court of Chancery for "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service struggled for enough altitude Tuesday to clear defense dismissal challenges.
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September 24, 2024
Norfolk Southern Says Stock Drop Suit Based On 'Hindsight'
Norfolk Southern Corp. is urging a Georgia federal court to throw out a proposed class action alleging it duped stockholders by misleading them about the safety of its operations, leading to a stock drop after last year's derailment in East Palestine, Ohio, saying the claims are a bid to capitalize in hindsight on the crash.
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September 24, 2024
RTX Denies Securities Fraud In Engine Crack Class Action
RTX Corp. faced significant challenges and spent billions of dollars after a subsidiary's jet engines developed "microcracks," but it did not commit securities fraud by lying or withholding relevant information from investors, the aerospace giant said in seeking dismissal of a class action from Connecticut federal court.
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September 24, 2024
EMS Workers Get Class Status In Sex, Race Pay Gap Suit
A New York federal judge approved on Tuesday emergency medical services workers to proceed as a class in their lawsuit alleging New York City paid them less in relation to their almost exclusively white, male counterparts at the fire department, despite differences in rank and responsibility.
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September 24, 2024
Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.
A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.
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September 24, 2024
2nd Circ. Partly Revives Suit Over $18.5B Telehealth Deal
The Second Circuit on Tuesday partially revived a suit against telehealth company Teladoc Health Inc. brought by investors who claim they were misled about the status of its integration with Livongo following their $18.5 billion merger.
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September 24, 2024
1st Circ. Sides With Wynn Casino Over Voucher Payouts
The First Circuit affirmed a lower court's decision tossing a proposed class action over Wynn Resorts Encore Boston Harbor casino's use of vouchers instead of coins to pay out winnings under $1.
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September 23, 2024
Nike, Others Let TikTok 'Fingerprint' Sites, Suits Claim
Nike, its subsidiary Converse and telehealth company Teladoc were each hit with proposed class actions on Friday in California federal court over allegations that they violated the state's "trap and trace" law by using TikTok software to collect personal data from visitors to their websites.
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September 23, 2024
Credit Suisse Can't Ditch Investor Fraud Suit, But PwC Can
A New York federal judge has declined to fully dismiss a proposed class action alleging Credit Suisse misled investors about its condition in the run-up to its collapse and takeover by UBS, ruling that a narrow part of the litigation can proceed while much of it — including claims against PwC — must go.
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September 23, 2024
Lowe's Customer Fights Arbitration Bid In 'Made In USA' Suit
A Lowe's customer opposed the retailer's bid to cut down his proposed class action accusing the company of falsely advertising its safety gloves as U.S. made, telling a Michigan federal court Lowe's has no grounds to send his claims to individual arbitration or relocate the dispute to North Carolina.
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September 23, 2024
John Paul Mitchell Beats Dry Shampoo Benzene Suit, For Now
An Illinois federal judge ruled Monday a putative consumer class action claiming a Paul Mitchell dry shampoo contains cancer-causing benzene didn't sufficiently show an "injury-in-fact" to warrant damages or even that the product contained the carcinogen, but gave the consumers a chance to amend their complaint.
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September 23, 2024
Mallinckrodt Brass Can't Avoid Investor Suit Over 2nd Ch. 11
A New Jersey federal judge ruled Monday that senior leaders of drugmaker Mallinckrodt cannot escape a lawsuit brought by shareholders alleging the company tricked them into thinking it had recovered from bankruptcy and would make a $200 million payment to opioid claimants, finding the investors sufficiently pleaded securities law violations.
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September 23, 2024
Petco, Shareholders Battle In Chancery Over Controller Clout
Attorneys for Petco Health & Wellness Co. Inc. face an "uphill battle" in branding as "wrongly decided" a landmark Court of Chancery ruling earlier this year that struck down an agreement giving a company's controlling stockholder board-trumping power, Delaware's chancellor cautioned on Monday.
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September 23, 2024
'Bluey,' 'Paw Patrol' App Maker Sued Over 'Stealth Marketing'
A proposed class of parents is suing Budge Studios Inc., the maker of licensed phone and tablet applications for children's cartoons such as "Bluey" and "Paw Patrol," alleging that the company used predatory "stealth marketing" and "dark patterns" to entice children into getting their parents to pay for monthly subscriptions and in-app purchases.
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September 23, 2024
Toyota Accused Of 'Rotten' Forklift Emissions Compliance
Toyota has been misrepresenting the true emissions levels of the engines in its forklifts and construction machinery, leading businesses to believe the engines were far more environmentally friendly than they actually were, according to a proposed class action filed in California federal court.
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September 23, 2024
Court Sinks Antitrust Claims Against Suns Owner
A Florida federal court adopted the recommendations of a magistrate judge and tossed a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage, over an alleged boycott.
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September 23, 2024
Wash. Agency No Longer Seeking Names In 3M Earplug Case
The Washington state agency that handles child support claims seems no longer interested in seeking information on service members who are expected to receive payments from the 6 billion settlement from 3M Co. over injuries stemming from its Combat Arms Earplugs.
Expert Analysis
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.