Class Action

  • September 11, 2024

    Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit

    A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.

  • September 11, 2024

    Cedars-Sinai Workers Seek Class In Retirement Plan Case

    A pair of former Cedars-Sinai Medical Center Inc. workers asked a California federal judge to greenlight a 16,000-person class in a lawsuit claiming their retirement plan was burdened with excessive fees and subpar investment options.

  • September 11, 2024

    Indivior, Reckitt Benckiser Units Freed From Suboxone MDL

    An Ohio federal judge cut Indivior PLC and two Reckitt Benckiser entities loose from multidistrict litigation alleging opioid addiction treatment Suboxone caused dental decay, formalizing an agreement the parties forged in recent weeks.

  • September 11, 2024

    Health Co. Owes $65M For Breach Of Medical Data, Nude Pics

    Pennsylvania-based healthcare company Lehigh Valley Health Network will pay $65 million to individuals who had their private information, including cancer patients' nude images, exposed in a data breach, the plaintiffs' lawyers announced Wednesday.

  • September 11, 2024

    Nurse Says Hospital Rounding Policy Stole Her Wages

    A hospital nurse filed a proposed class and collective action Tuesday claiming she was stiffed of her wages because of the hospital system's unlawful timekeeping rounding practices and an obligation to be on-call even during meal breaks.

  • September 11, 2024

    Sidley, Other Attys Get $850K In Fees For Migrant Family Suit

    A California federal judge signed off on $850,000 in legal fees for Sidley Austin LLP's and Public Counsel's work advising plaintiffs in a class action that saw the federal government ordered to provide mental health treatment for migrant families separated at the border.

  • September 11, 2024

    Jones Day Litigators Jump To Holland & Knight In Mexico City

    Holland & Knight LLP has hired two lawyers from Jones Day for its Mexico City office, where they will handle a sharp increase in litigation and arbitration cases in the country.

  • September 10, 2024

    Call Center Worker Says She Was Stiffed Boot-Up Time Pay

    A customer service call center worker filed a proposed class and collective action claiming she was denied wages for boot-up time, according to a complaint filed in Michigan federal court.

  • September 10, 2024

    Atlanta Consultant Didn't Deal With Cyber Hackers, Suit Says

    An Atlanta-based insurance industry consulting firm failed to negotiate with hackers and didn't pay a ransom to protect user data after its network was compromised, despite promises to keep customer information safe, according to a proposed class action filed Tuesday.

  • September 10, 2024

    Natixis Worker Class Headed To Trial In 401(k) Suit

    Natixis will have to go to trial over workers' claims that it mismanaged their investment funds, according to a Massachusetts federal judge's ruling Tuesday that rejected the French investment firm's objections to a magistrate judge's report and recommendations.

  • September 10, 2024

    Texas Farm Bureau Beats OT Claims In Jury Trial

    Farm insurance agents are not entitled to overtime pay after a jury in Texas federal court found they had not proved they worked more than 40 hours a week, according to a verdict form released as the case was dismissed Tuesday.

  • September 10, 2024

    Anapol Weiss Absorbs 5-Atty Mass Tort Boutique In DC

    The Philadelphia-based mass tort and personal injury firm Anapol Weiss has expanded into Washington, D.C., as it absorbs a five-attorney outfit helmed by former Wilkinson Stekloff LLP founding partner Alexandra Walsh.

  • September 10, 2024

    Prime Hydration Beats Most Beverage PFAS Claims, For Now

    A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.

  • September 10, 2024

    Reynolds Wrap Co. Gets OK For $725K Retirement Fee Deal

    An Illinois federal judge has granted final approval to a $725,000 settlement between a food packaging company that makes Reynolds brand products and participants in an employee 401(k) plan who alleged the company paid too much for recordkeeping fees.

  • September 10, 2024

    DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights

    Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.

  • September 10, 2024

    Will Tom Girardi's Age Impact His Sentence?

    Disbarred attorney Tom Girardi's age and mental decline did not help him avoid conviction last month on charges that he stole millions in client funds, but it's an open question how much these factors will affect his sentencing, set for December.

  • September 10, 2024

    MedStar's $11.8M ERISA Deal Gets Final OK

    A Maryland federal court gave final approval to an $11.8 million settlement between hospital chain MedStar Health and workers who said the company mismanaged their retirement plan.

  • September 10, 2024

    Research Outfit Strikes $3.4M Deal In Retirement Plan Fee Suit

    Research and development nonprofit Mitre Corp. agreed to shell out $3.4 million to resolve a class action from workers who said their retirement plans were saddled with excessive fees, according to a Massachusetts federal court filing.

  • September 10, 2024

    GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'

    General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.

  • September 09, 2024

    Bancor Protocol Operators Beat Investor Class Action

    A Texas federal judge has dismissed a securities class action against the operators of a cryptocurrency protocol known as the Bancor, agreeing with a magistrate judge's report and recommendation that the plaintiff's challenged transactions don't meet the requirements of a domestic transaction under the so-called Morrison standard set by the U.S. Supreme Court.

  • September 09, 2024

    Yodlee Privacy Class Cert. Bid Faces Uphill Climb

    A California federal judge on Monday said she is "inclined" to find that three consumers claiming Yodlee Inc. unlawfully collected their banking data did not have standing to pursue claims or represent proposed classes alleging their transaction information was sold, even though the idea of the stored data is "creepy."

  • September 09, 2024

    Judge Again Says Yearbook Site Can't Force Arbitration

    A Washington federal judge has said the company behind Classmates.com can't force a privacy rights suit into arbitration, in a ruling that determined the plaintiff's attorney opted out of a terms-of-service provision.

  • September 09, 2024

    BAE Defeats ERISA Suit Over Abandoned Retirement Funds

    A Virginia federal judge tossed a BAE Systems Inc. employee's suit claiming the company skirted federal benefits law by using forfeited funds in its retirement plan to pay off its contribution responsibilities, stating the plan's own documents required the company to use the funds this way.

  • September 09, 2024

    Dental Co. Can't Polish Off Suit Over Tracking-Pixel Use

    An Illinois federal judge pared down a proposed class action Monday alleging Aspen Dental Management used tracking pixels and other technology on its website to collect protected health information from customers searching online for dental care and transmit it to third parties like Facebook and Google.

  • September 09, 2024

    Abbott Says Illinois OT Suit Should Join Similar Case In Ohio

    Abbott Laboratories asked an Illinois federal judge Friday to send two workers' dispute over unpaid sanitary gear changes and hand washings to Ohio where a similar suit is pending, arguing that the move would promote consistent judgments across the "nearly identical" claims.

Expert Analysis

  • SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early

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    After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.

  • Del. Dispatch: 27.6% Stockholder Not A Controller

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    The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits

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    Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • A Simple Proposal For Improving E-Discovery In MDLs

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    Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • 50 Years Later, ERISA Remains A Work In Progress

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    A look at the 50 years since the Employee Retirement Income Security Act’s passage shows that while the law safeguards benefits through vesting rules, fiduciary responsibilities and anti-discrimination provisions, the act falls short in three key areas, says Carol Buckmann at Cohen & Buckmann.

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