Class Action

  • May 28, 2024

    Chiquita Ops Chief Says Militant Leader Extorted Company

    Chiquita's former head of Colombia operations took the stand Tuesday for the second time in a trial over the banana company's funding of right-wing paramilitaries, recounting to jurors how he was summoned to the house of a notorious paramilitary boss to convey what he said were threats on the company's business.

  • May 28, 2024

    Microsoft, OpenAI Beat Overstuffed Privacy Suit, For Now

    A California federal judge threw out, for now, consumers' suit alleging their privacy was violated by Microsoft Corp. and OpenAI LP's products, slamming the complaint as "excessive" and packed with "unnecessary and distracting allegations" to the point it's "nearly impossible" to determine the adequacy of the claims.

  • May 28, 2024

    Block.one Investors Renew Push For $22M Deal Approval

    A class of investors has again asked the court to approve a $22 million settlement with Block.one over the cryptocurrency company's $4 billion initial coin offering, following several instances in which the court denied approval of the deal.

  • May 28, 2024

    5th Circ. Flips Cancer-Drug Maker's Defeat In Hair Loss MDL

    The Fifth Circuit has vacated a summary judgment ruling in favor of four women who say two drugmakers failed to warn consumers that their chemotherapy drug could cause hair loss, saying it was impossible for the companies to simultaneously comply with federal and state failure-to-warn laws.

  • May 28, 2024

    Absent Atty Irks Judge In Girardi-Linked Bar Corruption Case

    A California judge on Tuesday chastised a lawyer representing former clients of Tom Girardi accusing the state bar of "rampant corruption," telling the attorney over the phone that he is "nonplussed" as to why he attempted to skip the hearing on the bar's motion to toss the case.

  • May 28, 2024

    HIV Drug Buyers Fight Bid To Combine 9th Circ. Appeal Briefs

    Drug buyers that allege Gilead Sciences Inc. and Teva Pharmaceuticals delayed generic versions of HIV medications told the Ninth Circuit it would be unfair to grant the companies' call for a single brief addressing the 17 appeals filed after a jury rejected the claims last year.

  • May 28, 2024

    Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal

    An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new trial based on what the company characterized as insufficient evidence.

  • May 28, 2024

    Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims

    A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a week, according to a motion to approve the deal filed in federal court.

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    Chicken Buyers Defend Additional $37M Atty Fee Ask

    Direct chicken buyers who have inked more than $284 million in price-fixing settlements defended their counsel's request for more than $37 million in what would be their third payout in the massive case, saying the request is consistent with both precedent and past experience.

  • May 28, 2024

    Qualcomm Can't Knock Out 401(k) Forfeiture Suit

    Qualcomm Inc. must face a proposed class action alleging it used ex-employees' forfeited 401(k) funds to reduce company plan contributions rather than cover participants' expenses, with a California federal judge finding Qualcomm might have violated federal benefits law even if it was following the plan's terms.

  • May 28, 2024

    Apple Denied Appeal Of Cert. In App Store Monopoly Suit

    The Ninth Circuit on Friday rejected Apple's interlocutory appeal of an order certifying a class of millions of App Store users who allege antitrust violations, paving the way for discovery to proceed as the case heads toward a trial currently set for February 2026.

  • May 28, 2024

    Wells Fargo Seeks To Send Account Offsets Suit To Arbitration

    Wells Fargo has asked a California federal judge to send a class action lawsuit alleging it unlawfully dipped into customers' deposit accounts to repay itself for credit owed card debt to arbitration since the plaintiff signed a deposit account agreement containing a binding arbitration provision.

  • May 28, 2024

    Seeger Weiss Secures Latest Fee Bid In NFL Concussion Case

    A Pennsylvania federal judge on Tuesday granted Seeger Weiss LLP's latest fee request for close to $1.9 million in attorney fees and costs for its ongoing work implementing an agreement settling former National Football League players' concussion-linked disability claims.

  • May 28, 2024

    O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

    O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

  • May 28, 2024

    Davis Wright Recruits Kelley Drye FDA Practice Chair In DC

    Davis Wright Tremaine LLP said Tuesday that the head of Kelley Drye & Warren LLP's Food and Drug Administration practice group has joined the firm as an advertising and food and drug law partner in Washington, D.C.

  • May 28, 2024

    Legal Lenders Can't Avoid Hurricane Ads Suit, Plaintiff Argues

    Funding companies that lent $20 million to a Texas law firm accused of using it to deceptively solicit hurricane victims can't escape liability by claiming they didn't know how attorneys were using the money or "simply because they don't have offices in the state," according to a Louisiana woman at the forefront of a putative class action.

  • May 28, 2024

    OpenText Says Excess Insurer Can't Join Merger Spat

    OpenText urged a Michigan federal court to keep an excess insurer out of a coverage dispute stemming from an underlying class action over the software company's merger with Covisint, arguing that the insurer's reasons behind wanting to intervene are speculative and unripe.

  • May 28, 2024

    Chinese EV Co. Falsely Touted Vehicle Demand, Suit Claims

    China-based electric vehicle maker Li Auto Inc. and three of its executives are facing a proposed class action faulting the company for allegedly hurting investors after it announced it would fall well short of ambitious production goals in early 2024.

  • May 28, 2024

    Chancery Speeds Microsoft Query Over $68.7B Activision Deal

    Microsoft Corp. is entitled to a quick court declaration on whether its $68.7 billion acquisition of Activision Blizzard Inc. in October was valid, and a pension fund shareholder that challenged the deal has a right to be involved in the process, Delaware's Court of Chancery said Tuesday.

  • May 28, 2024

    Insurers Sue To Invalidate DOL ERISA Investment Advice Rule

    The American Council of Life Insurers and other insurance groups accused the U.S. Department of Labor's recently finalized retirement investment advice regulations of exceeding DOL authority and violating federal administrative procedure laws in the second such suit filed in Texas court.

  • May 24, 2024

    Workers' Atty Says 'Game Over' For Hospital On Wage Liability

    Counsel for a group of workers said Friday it was "game over" for a Seattle-area hospital system facing a class action suit for allegedly violating state law with its break policy, urging a judge to rule the system was liable because it acknowledged workers on long shifts didn't take a second mealtime.

  • May 24, 2024

    Sony Denied Early Bid To Block PlayStation Antitrust Class

    A California federal judge Friday denied Sony's preemptive bid to deny class certification in a suit accusing it of overcharging PlayStation Store users through a monopoly on downloadable game cards, saying Sony has yet to show that the plaintiffs are bound by class action waivers, or it can enforce arbitration.

  • May 24, 2024

    Electric Car Co. Execs Hid Supply Issues, New Suit Claims

    A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.

  • May 24, 2024

    BofA Inks $21M Deal With Over 1M Customers Over Wire Fees

    Bank of America customers on Friday urged a North Carolina federal judge to preliminarily approve their $21 million settlement to resolve claims the financial institution tacked $15 "junk fees" onto incoming wire transfers, saying the deal constitutes significant relief for over a million class members.

Expert Analysis

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • NCAA Proposal Points To A New NIL Compensation Frontier

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    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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