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Class Action
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June 21, 2024
SPAC Shareholder Sues In Del. Over Beachbody Merger
A stockholder of a special acquisition company that merged with health and wellness company The Beachbody Company Group has sued the blank check company's directors, officers, and controlling stockholders in Delaware's Court of Chancery, alleging breaches of fiduciary duty in connection with the deal.
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June 21, 2024
9/11 Firm Consultant Acted Alone In Depo Leak, 2nd Circ. Told
A New York law firm representing victims of the 9/11 terrorist attacks in a multidistrict litigation told the Second Circuit that a consultant who leaked a deposition transcript to the press acted by himself, asking an appellate panel to reverse millions of dollars in sanctions.
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June 21, 2024
6th Circ. Says Counties Not On Hook For Mich. Dam Collapse
A Sixth Circuit panel agreed that two Michigan counties can't be forced to compensate homeowners for destructive flooding caused by a dam's collapse, finding Thursday that the counties did not cause the damage to the homeowners' properties.
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June 21, 2024
DOD Can't Escape LGBTQ Veterans' Discharge Bias Suit
A California federal judge denied the U.S. Department of Defense's bid to toss a suit alleging veterans discharged under the military's former "don't ask, don't tell" ban on LGBTQ service members continue to face discrimination, finding they put forward enough proof of bias for their claims to survive dismissal.
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June 21, 2024
HCA Wants Out Of Respiratory Therapist's Wage Suit
Healthcare company HCA said it didn't employ a respiratory therapist accusing the entity of manipulating workers' time sheets and owing them wages, urging a North Carolina federal court to toss the proposed class and collective suit.
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June 21, 2024
5 ERISA Cases To Watch In 2024's Second Half
The U.S. Department of Labor will be playing defense in the second half of 2024, battling injunction bids in Texas seeking to halt the agency's recently finalized retirement security regulations, as well as fighting to uphold a DOL rule tackling social and environmental factors in retirement plan investment decisions. Here, Law360 looks at five Employee Retirement Income Security Act cases that attorneys say they will have on their radar.
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June 21, 2024
Attys Eye $1.4M Slice Of State Street Retirement Plan Deal
Class counsel are requesting a one-third cut from a $4.3 million settlement with State Street Corp. to resolve claims the bank stocked its employees' 401(k) plan with imprudent funds that it managed or that were run by its subsidiaries or affiliates.
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June 20, 2024
TikTok Says Alternatives To 'Dangerous' Ban Were Ignored
TikTok said Thursday that federal lawmakers likely didn't even consider its "exhaustive, multi-year efforts" to address national security concerns before deciding to ban the social media platform, slamming the law as "unprecedented" and warning that it sets "a dangerous precedent."
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June 20, 2024
Del. House Sends Controversial Corp. Law Changes To Gov.
Delaware legislation that would allow corporate boards to cede some governance rights to chosen stockholders cleared the state's House by a wide margin late Thursday, heading to Gov. John Carney after debate that saw dire predictions for either outcome.
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June 20, 2024
NFL Sunday Ticket Is Procompetitive, Stanford Prof Tells Jury
A Stanford University professor of economics on Thursday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that the league's subscription deal with DirecTV and its method for distributing broadcast proceeds evenly to all its teams are procompetitive practices.
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June 20, 2024
Delta's $16M Pay Stub Deal Stalled On Runway By 'Problems'
A California federal judge said Thursday that he has "problems" giving preliminary approval to Delta Air Lines' $16 million deal in a pay stub class action that went to the Ninth Circuit and the California Supreme Court, saying the settlement's release "seems way overbroad."
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June 20, 2024
Logistics Cos. Face Skilled Worker Visa Misuse Class Action
A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.
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June 20, 2024
BMW Escapes Suit Over Leaky Coolant Lines, For Now
BMW drivers seeking to sue the automotive maker over allegedly defective engine cooling lines will have to get more specific in their allegations, a New Jersey federal judge said in a dismissal order, giving the consumers another chance to correct the issue and refile.
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June 20, 2024
Attys In Chiquita Case Say Victims Can't Proceed Together
A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.
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June 20, 2024
$13B Antitrust Suit Is Class Cert 'Antithesis,' Delta Dental Says
The nation's largest dental insurance system and its members have blasted service providers' bid for class treatment in multidistrict litigation targeting an alleged $13 billion antitrust scheme, telling an Illinois federal judge that the providers' case "is the very antithesis of a proper class action."
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June 20, 2024
Chancery Preserves Most Of Hertz Shareholder Buyback Suit
Several Hertz directors who authorized $4 billion in stock buybacks in 2022 that vaulted a private equity-based shareholder into a controlling position will have to face claims in Delaware's Court of Chancery that they breached their fiduciary duties to the company.
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June 20, 2024
Cheer Parents Get Initial OK For $82.5M Varsity Brands Deal
A Tennessee federal judge is giving the preliminary go-ahead to an $82.5 million settlement between a class of cheer parents and a group of the biggest players in the American cheer industry, agreeing that the deal appears to be fair and equitable.
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June 20, 2024
Ex-ITT Students Net $12M Win In Predatory Lending Scheme
A California federal judge has ordered loan servicer Vervent Inc. to pay $12 million to ex-students of bankrupt for-profit college ITT Education Services Inc. for Vervent's role in an alleged predatory lending scheme for ITT's benefit, finding it was appropriate to triple a $4 million jury award.
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June 20, 2024
Madonna Mulls Sanctions Bid After Fans Drop 'Frivolous' Suit
Attorneys defending Madonna, Live Nation and the Barclays Center against allegations that fans were "lulled" into buying tickets for a tardy show slammed the plaintiffs' unannounced dismissal of the "frivolous" case, telling a New York federal judge Wednesday they don't agree to bear their own costs and might seek sanctions.
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June 20, 2024
Fireball Maker Must Still Face Claims It Duped Whiskey Lovers
A Florida federal judge has trimmed allegations that Sazerac Co. duped consumers into believing miniature bottles of malt beverage were whiskey by selling them under the Fireball brand name, but said a consumer can pursue claims that the beverage's bottle and their display case are nevertheless deceptive.
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June 20, 2024
Athletes Want Advocates Kept Out Of NCAA Trans Policy Fight
A group of female college athletes sought to keep the National Women's Law Center out of its transgender policy dispute with the NCAA, slamming the advocacy organization in Georgia federal court on Wednesday for its attack on the plaintiffs' "legitimate views on biology."
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June 20, 2024
11th Circ. Nixes J&J Sunscreen Benzene MDL Settlement
The Eleventh Circuit on Thursday vacated an order granting approval to a settlement resolving claims that Johnson & Johnson sold sunscreens containing benzene, saying a pair of circuit court decisions since the approval mean the deal needs another look.
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June 20, 2024
Worker Says Co. Inflated Deductions To Duck Prevailing Wage
An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.
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June 20, 2024
Ex-Satellite Tech Drops Wage Suit Against Dish Retailer
A satellite technician dropped his proposed collective action accusing his former employer of misclassifying him and his co-workers as independent contractors and depriving them of overtime wages, according to a dismissal notice filed in Georgia federal court.
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June 20, 2024
Boston College Settles 401(k) Participants' Suit
Boston College and participants in the school's employee retirement plan told a Massachusetts federal court they have struck a deal to resolve claims the college mismanaged the 401(k) plan.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.
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Opinion
Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill
After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.