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Class Action
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May 15, 2024
State Farm Can't Dodge TCPA Suit Over Robocalls
State Farm must face a proposed class action alleging it violated the Telephone Consumer Protection Act by using a third-party company to make automated telemarketing calls without prior consent, an Illinois federal judge has ruled, saying the suit states a plausible claim of the insurer's vicarious liability for the robocalls.
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May 15, 2024
Two Firms To Lead GrafTech Suit Over Environmental Issues
An Ohio federal judge on Wednesday appointed Abraham Fruchter & Twersky LLP and Robbins Geller Rudman & Dowd LLP to lead a shareholder class action against GrafTech International, accusing the electrode-maker of covering up its environmental contamination in Monterrey, Mexico, in the run-up to its initial public offering.
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May 15, 2024
Bolt Financial Cancels $37M In Shares To End CEO Loan Suit
Bolt Financial Inc. will cancel over $37 million in shares to settle a derivative suit against the company's board of directors that accuses its former CEO of purposely defaulting on a $30 million loan, according to a filing in Delaware's Court of Chancery.
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May 15, 2024
'Excellent' Altria MDL Deal Earns Attys Fees Above Benchmark
A California federal judge on Wednesday awarded $13.65 million in plaintiffs' attorney fees as part of tobacco giant Altria's $45.5 million deal resolving consumer claims in multidistrict litigation alleging the company helped fuel a youth vaping crisis created by e-cigarette maker Juul, saying the "excellent result" merited fees above the normal 25% benchmark.
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May 15, 2024
'Uber Files' Scandal Can't Prop Up Investor Suit, Judge Says
Uber Technologies has beaten back a proposed class action alleging that a trove of leaked internal records harmed shareholders by revealing corporate misconduct, with a California federal judge saying plaintiffs failed to prove that any of Uber's statements about the leak were false.
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May 15, 2024
Del. Justices Ask: Do Attys Get Thinner Slice Of $1B Dell Pie?
A near record-breaking $266.7 million fee for stockholder attorneys who settled a Chancery Court class action against Dell Technologies Inc. for $1 billion had Delaware's Supreme Court raising questions Wednesday about how the state traditionally calculates attorney fee awards in large class action settlements.
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May 15, 2024
UnitedHealth Concealed DOJ Merger Investigation, Suit Says
UnitedHealth Group has been hit with a proposed shareholder class action alleging that it failed to disclose that the U.S. Department of Justice had reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company, and that top executives had sold more than $120 million of shares knowing about the investigation before a news report revealed it to the public.
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May 15, 2024
Plaintiffs Suing Over Netflix Doc Will Reveal Themselves
Three plaintiffs will publicly identify themselves to continue suing Netflix Inc. for disclosing their names in its documentary about a doctor who fraudulently inseminated his patients, but they warned an Indiana federal court Wednesday that going public would increase their harms.
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May 15, 2024
Scott + Scott, Schall To Rep Investors Against Bike Parts Co.
Scott + Scott Attorneys At Law LLP and the Schall Law Firm will represent a proposed class of investors in Georgia bicycle parts maker Fox Factory Holding Corp. in a suit alleging the company hurt investors by concealing slumping sales and demand.
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May 15, 2024
En Banc 9th Circ. Will Mull Jurisdiction In Shopify Privacy Suit
The Ninth Circuit agreed to review en banc a panel's decision dismissing a suit alleging payment processing company Shopify collects shoppers' sensitive information without permission, after the plaintiff argued the full court should hear the case to resolve how to assess personal jurisdiction in online misconduct cases.
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May 15, 2024
Tesla Must Face Trimmed 'Full Self-Driving' False Ad Suit
Tesla can escape warranty claims in an amended proposed class action alleging the electric automotive giant deceived drivers into falsely believing that its cars can fully pilot themselves, a California federal judge ruled Wednesday, but it must face fraud- and negligence-based claims related to representations made about the vehicles' hardware.
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May 15, 2024
Worker Updates Boot-Up Suit After Judge Axes State Claims
A former call center worker on Tuesday lodged an amended class action complaint seeking boot-up time wages from a home healthcare company, raising only federal claims after a Michigan federal judge earlier this year stripped state law allegations from the suit.
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May 15, 2024
Media Coverage Not Enough To Move Flint Water Case
A water engineering company accused by the Michigan attorney general of prolonging Flint residents' lead exposure cannot move its eventual trial out of the region, a Michigan state judge ruled Wednesday, saying the company could not assume the entire jury pool was biased.
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May 15, 2024
Wage Damages Update Isn't Retroactive, NJ Justices Say
The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.
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May 15, 2024
Minn. Health System To Pay $800K To End 401(k) Suit
A health system agreed to pay $800,000 to end a proposed class action accusing it of failing to remove costly and underperforming investment funds from its $1.7 billion retirement plans, a filing Wednesday in Minnesota federal court said.
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May 15, 2024
Michigan Can't Shake Lawsuit Over Prison's Scabies Outbreak
The director of the Michigan Department of Corrections and other high-ranking officials must face claims that they allowed an outbreak of scabies in a women's prison to go untreated for years, a federal judge has ruled.
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May 15, 2024
Arizona Judge Revives Opendoor Investors' Securities Suit
An Arizona federal judge has revived a consolidated securities class action accusing real estate company Opendoor Technologies Inc. of misleading investors about the benefits of its pricing algorithm software in order to go public in a reverse merger with a special-purpose acquisition company.
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May 15, 2024
AstraZeneca Sales Reps Win Early Cert. In Gender Bias Suit
An Illinois federal judge on Tuesday granted a bid by workers to conditionally certify a collective in a lawsuit alleging AstraZeneca paid women less than men, giving the green light for notices to be sent out to female sales representatives who have worked at the pharmaceutical giant since late 2018.
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May 15, 2024
Monsanto's $23M False Ad Deal Challenged At 9th Circ.
Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
Last-Mile Amazon Driver Does Interstate Work, Panel Says
A driver for a logistics company who primarily made local deliveries for Amazon was engaged in interstate commerce and thus exempt from mandatory arbitration, a California appeals court has held, saying the worker's wage and hour claims can remain in state court.
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May 15, 2024
Schnader Harrison Moves To Halt Retirement Class Action
Shuttered law firm Schnader Harrison Segal & Lewis LLP has urged a Pennsylvania federal judge to toss a former partner's proposed class claim the firm mismanaged employee retirement money, saying the complaint misclassifies the firm's payments to the retirement fund.
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May 15, 2024
Chancery Orders $199M Penalty In TransCanada Deal Suit
Citing "non-cumulative" damages award offsets, a Delaware vice chancellor on Wednesday ordered the former TransCanada Corp. to pay $199 million of a potential $283 million judgment issued in a post-trial ruling last year on amounts owed to former Columbia Pipeline Group Inc. shareholders shorted in a 2016 merger.
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May 15, 2024
IT Recruiters Pursue Win Against Staffing Co. In OT Class Suit
Recruiters for tech staffing company TEKsystems have asked a California federal judge to award them a pretrial win on their claim that the company misclassified them, saying recruiters are entry-level employees, not managers, so they don't qualify for the narrow exemption to California's overtime statute.
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May 15, 2024
Mortgage Co.'s $2.4M Data Breach Settlement Gets Initial OK
A Connecticut federal judge gave her initial sign-off to a $2.4 million settlement between mortgage firm Planet Home Lending LLC and a consolidated class of customers whose personal data, including their Social Security numbers, was exposed in a cyberattack.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.