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Class Action
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July 10, 2025
9th Circ. Upholds Converse's Win In Website Chat Wiretap Suit
The Ninth Circuit has refused to revive a proposed class action accusing Converse Inc. of allowing a third-party vendor to intercept website visitors' chats, finding that there was "no evidence" that the sneaker maker had violated the California Invasion of Privacy Act.
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July 10, 2025
Crypto Exec Fights NY Suit, Cites Due Process Violation
The CEO of a venture capital firm accused of misleading investors into buying up a crypto token with the help of an endorsement from Argentine President Javier Milei just before it tanked said an attempt by New York to exercise jurisdiction over him would be unconstitutional.
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July 10, 2025
Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees
The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.
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July 10, 2025
Execs Of Device Co. Made $6M From Insider Trading, Suit Says
Five executives for electrotherapy device maker Zynex Inc. were hit with a derivative suit Wednesday in Colorado federal court saying they inflated the company's stock price to cash out on shares valued at more than $6 million.
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July 10, 2025
Apple Tees Up Bid To End App Store Antitrust Class Action
Apple is preparing to file a summary judgment motion in California federal court seeking to end claims from a class of more than 185 million users in a long-running case accusing it of monopolizing the distribution of apps on its devices.
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July 10, 2025
Judge Trims IP Claims In Voice Actors' Suit Against AI Co.
A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.
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July 10, 2025
Dentsply Investors Win Class Cert. Over Pandemic Issues
A New York federal judge on Thursday certified a class of Dentsply Sirona Inc. investors who claim the dental health products supplier misled them about the extent of its pandemic-era woes.
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July 10, 2025
Apple, Visa And Mastercard Beat Payment Fee Collusion Suit
An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.
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July 10, 2025
Brookdale's $1.9M Deal Ends Investor Suit On Understaffing
An investor in retirement home operator Brookdale Senior Living Inc. has gotten a final nod for a deal settling her understaffing claims against the company's executives and directors in exchange for corporate reforms and fees and expenses totaling $1.9 million for her legal team.
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July 10, 2025
9th Circ. Backs Geico Win In COVID Auto Rebate Class Action
The Ninth Circuit affirmed Geico's victory in a certified class action alleging it owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 stay-home orders, ruling on Wednesday that Geico charged rates that were previously approved by California's insurance commissioner, which bars the plaintiff's state Unfair Competition Law claim.
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July 10, 2025
2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling
The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
DOL Urges 9th Circ. To OK Toss Of HP 401(k) Forfeiture Suit
The U.S. Department of Labor urged the Ninth Circuit to reject HP Inc. workers' bid to revive a proposed class action alleging forfeited employee 401(k) plan contributions were mismanaged, arguing a lower court properly tossed the case for failure to state a claim for violating federal benefits law.
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July 10, 2025
Students Say Fee Concerns Unfounded In Aid-Fixing Case
Attorneys for students accusing elite universities of conspiring to limit financial aid told an Illinois federal court there's no need for the schools to look into ethical concerns raised about attorney fees by a "disgruntled" associate for one of the firms representing the proposed class.
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July 10, 2025
Stitch Fix Must Face Most Claims In Investor Action
A California federal judge has declined to toss a revised complaint alleging that Stitch Fix Inc. and two of its former executives deceived investors about the impact of a new business line, saying the suit adequately made the case that the defendants knowingly made misleading statements.
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July 10, 2025
Texas Judge Partially Voids DOL's ERISA Rollover Rule
A Texas federal judge partially invalidated an investment advice regulation from President Donald Trump's first administration involving employee retirement savings and rollover transactions, ruling the U.S. Department of Labor exceeded its authority when it handed down a new interpretation of federal benefits law.
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July 10, 2025
Bettors Fight To Keep Suit Over DraftKings Promos Afloat
DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.
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July 10, 2025
Nursing Home Operator Faces Meal Break Suit In Pa.
A rehabilitation and nursing home operator automatically deducted 30-minute unpaid meal breaks from workers' time even though they were unable to take the breaks in full, a former employee for the company said in a proposed class action in Pennsylvania state court.
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July 10, 2025
Mining Co. Fails To Pay For Preshift Work, Suit Says
A mining company fails to pay workers for necessary preshift tasks such as donning protective equipment and improperly calculates their overtime wages, a proposed class action filed in Colorado state court said.
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July 10, 2025
Judge Blocks Trump's Birthright Citizenship Order Nationwide
A New Hampshire federal judge on Thursday issued a nationwide block of President Donald Trump's executive order limiting birthright citizenship, and granted certification to a nationwide class that will cover all affected children born in the U.S.
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July 09, 2025
Uber Gets Some Driver Sex Assault Bellwether Claims Tossed
The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Google Notches Deal With Flo Users Ahead Of Privacy Trial
Google and users of the menstrual cycle tracking app Flo have reached a deal to resolve claims that the tech giant used a data analytics tool to unlawfully retrieve their sensitive health data, releasing the company from a July 21 trial that's still scheduled to proceed with respect to similar privacy claims being pressed against the app maker and Meta.
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July 09, 2025
California Court Allows Worker To Pursue 'Headless' PAGA Suit
A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.
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July 09, 2025
Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.
A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Tips To Avoid Consumer Tracking Tech Class Actions
Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.