Class Action

  • March 21, 2024

    6th Circ. Probes Outside Firm's Outreach To Class Members

    A Sixth Circuit judge suggested Thursday that there may be free-speech issues with an order barring outside attorneys from sending solicitation letters to potential class members poised to benefit from a pending settlement over Michigan counties' tax foreclosure practices.  

  • March 21, 2024

    9th Circ. Partially Backs Meta Class Cert. In Ad Reach Row

    A split Ninth Circuit panel on Thursday affirmed certification of a damages class of Meta Platforms advertisers who were allegedly deceived about Facebook's "potential reach" tool, but upended certification of an injunction class, telling the district court to take a fresh look at whether the lead plaintiff actually has standing.

  • March 21, 2024

    LinkedIn Must Face Monopoly Lawsuit

    A California federal judge refused Thursday to toss a proposed antitrust class action accusing LinkedIn of using online interface access to pay off would-be rivals, even as he signaled potential trouble ahead once the factual details of those access agreements come into play.

  • March 21, 2024

    Navy Federal Wants Racial Lending Discrimination Suit Axed

    Navy Federal Credit Union on Thursday urged a Virginia federal court to toss a consolidated proposed class action accusing it of racial lending discrimination following a CNN report last year, arguing the plaintiffs have not shown that they were qualified for the loans they applied for, or that the credit union considered race when denying their applications.

  • March 21, 2024

    MDL Claims Over Merck's Gardasil Vax Get Trimmed

    Pharmaceutical giant Merck need not face many of the claims by patients who allege their autoimmune conditions were caused by its HPV vaccine, a North Carolina federal judge overseeing multidistrict litigation ruled, saying the National Childhood Vaccine Injury Act bars most claims made in the first two bellwethers.

  • March 21, 2024

    Social Media Cos. 'Can't Hold Back' Execs In MDL, Judge Says

    A California federal magistrate judge warned social media companies Thursday that they must disclose relevant executive witnesses in high-stakes multidistrict litigation over social media's allegedly addictive design after plaintiffs' counsel complained that Meta and Snap's CEOs weren't identified in initial disclosures, telling defense counsel "you can't hold them back."

  • March 21, 2024

    Cigna Slams Suit's Claims Of Algorithm-Led Coverage Denials

    Insurance giant Cigna Group wants a Connecticut federal court to toss a proposed class action alleging that an algorithm unlawfully rejected hundreds of thousands of claims en masse and without a proper review, arguing the suit is based on a "misleading" news article and shows a misunderstanding of the health insurer's claim denial process.

  • March 21, 2024

    Defendants Cut As Ex-NFL Pros' Benefits Suit Moves Forward

    A Maryland federal judge has let NFL officials off the hook in a lawsuit that alleges the league's disability plan incentivizes doctors to deny claims regardless of evidence, while declining to dismiss the complaint entirely.

  • March 21, 2024

    Healthcare Co. Beats Suit Over TDF Funds' Performance

    A California federal judge granted a win to a healthcare company and its investment adviser in a class action challenging what former workers claim are shoddy target-date-funds included in the company's 401(k) plan, saying the funds at issue performed better than comparable investments.

  • March 21, 2024

    Ex-Moses & Singer Partner Says New-Mom Bias Is Rampant

    A former partner at New York litigation firm Moses & Singer LLP said she witnessed women at the firm go from being considered "superstars" to "mommy brained" after returning from maternity leave, according to a declaration attached to an amended pregnancy discrimination complaint in federal court.

  • March 21, 2024

    Wells Fargo Overcharged Military Members, Suit Says

    Wells Fargo was hit with a potential class action Wednesday alleging that the bank violated federal law and broke a program's promises by overcharging active duty military members in fees and interest while trying to hide the indiscretion.

  • March 21, 2024

    Judge In Blackstone Lease Row Wants Colo. Justices' Input

    A Colorado federal judge has said he would like to have the state Supreme Court answer key questions in a putative class action against Blackstone subsidiaries, writing that tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.

  • March 21, 2024

    Judge Worries Clothing PFAS Theory Could Open Floodgates

    An Illinois federal judge seemed unsure Thursday whether he will allow consumer fraud claims to proceed against a children's clothing store that sells allegedly contaminated uniforms, suggesting the plaintiffs' liability theory could open the door too wide for future suits.

  • March 21, 2024

    Home Health Cos. Stiffed Workers On OT Pay, Suit Claims

    The operators of several Ohio-based home care staffing agencies have been failing to pay their employees for all the overtime hours they worked, according to a recent proposed class and collective action.

  • March 21, 2024

    Home Depot Reaches $20M Class Deal In False Blind-Ad Suit

    Home Depot has reached a roughly $20 million proposed class settlement to resolve allegations that it falsely advertised window treatments as discounted on Blinds.com and other websites, even though the products had never been offered at full price.

  • March 21, 2024

    3rd Circ. Agrees Investors Have No Case Against Vax Maker

    The Third Circuit on Thursday upheld a Pennsylvania federal judge's ruling that a putative class of investors alleging biopharmaceutical company Ocugen Inc. made misleading statements about its ability to quickly produce a COVID-19 vaccine failed to state a claim against the company.

  • March 21, 2024

    6th Circ. Doubtful Of Hospital Workers' Vax Exemption Claim

    A Sixth Circuit panel appeared skeptical Thursday of an argument from a class of former employees of Ohio Children's Hospital that their First Amendment rights to freedom of religion were violated under the hospital's COVID-19 employee vaccination policy.

  • March 21, 2024

    Kroger's 'Smoked Gouda' Is Indeed Wood-Smoked, Judge Says

    Kroger Co. has defeated a proposed class action alleging deceptive labeling on its "smoked gouda," as an Illinois federal judge granted summary judgment Wednesday in an order referencing a declaration from the source company's president that the cheese goes through a wood-smoking process.

  • March 21, 2024

    Colo. Cannabis Dispensary Hit With Wage Theft Class Action

    A former hourly worker for a Colorado-based cannabis dispensary said the company failed to provide employees with mandatory meal and rest breaks or compensate them for those missed breaks, according to a proposed class action in Colorado state court.

  • March 21, 2024

    Salesforce Can't Ax Vast Class Suit Over 401(k) Management

    Salesforce must face a class action comprising up to 50,000 employees alleging the company allowed its 401(k) plan to be filled with expensive and poorly performing investment options, a California federal judge ruled, finding the workers provided enough evidence to proceed to trial.

  • March 21, 2024

    Chancery Denies Icahn Midcase Appeal In Illumina Board Suit

    Carl Icahn can't interrupt his Chancery Court lawsuit against biotech Illumina Inc.'s board to appeal a decision about redactions to the Delaware Supreme Court, a vice chancellor ruled Wednesday, saying there are no "exceptional circumstances" that call for a midcase review.

  • March 20, 2024

    PACER Overcharge Attys Net $24M As Feds' $125M Deal OK'd

    A D.C. federal judge on Wednesday granted final approval to the U.S. government's $125 million deal ending class action claims that the judiciary charges users excessive fees to run the federal courts' PACER records system, signing off on nearly $23.9 million in fees to the nonprofit plaintiffs' attorneys.

  • March 20, 2024

    Bridge Repair Workers Get Partial Cert. In Conn. OT Suit

    A Connecticut federal judge has conditionally certified a boat captain's federal wage claims against a government subcontractor specializing in bridge projects, reasoning he sufficiently pled a violation of overtime pay policy, while declining to greenlight sub-collectives under New Jersey and Pennsylvania laws.

  • March 20, 2024

    Proposed W.Va. Rig Worker OT Collective Will Go Forward

    A proposed collective action alleging that oil and gas exploration and production company Tug Hill Operating LLC misclassified rig workers as independent contractors, resulting in overtime violations, will proceed, as a West Virginia federal court on Wednesday declined to send the claims to arbitration.

  • March 20, 2024

    Winklevoss-Owned NFT Co. Gets Suit Sent To Arbitration

    A New York federal judge has ordered a suit accusing cryptocurrency exchange Gemini Trust and its NFT-focused subsidiary of selling unregistered securities to be sent to arbitration, rejecting the plaintiff's arguments that his proposed class action belongs in federal court.

Expert Analysis

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 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.

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