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Class Action
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September 18, 2024
9th Circ. Breathes New Life Into Swimmers' Boycott Suit
The Ninth Circuit has revived a class action from the International Swimming League and a trio of competitive swimmers accusing the sport's global governing body of orchestrating a de facto boycott of the upstart league, overruling a district court that threw out the case.
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September 18, 2024
Citgo Settles Retirees' Suit Over Outdated Mortality Data
Citgo struck a deal to settle a class action alleging it shorted retirees in early retirement payouts by basing the allowances on outdated mortality tables that used data from the 1970s, according to a joint notice filed in Illinois federal court.
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September 17, 2024
Police Pension Fund Says Store Chain Inflated Stock Price
Discount retailer Five Below is facing securities class claims in Pennsylvania federal court from a Florida police officers' pension fund, which says the company falsely attributed poor financial performance to inventory shrinkage while concealing deeper operational issues, causing substantial investor losses.
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September 17, 2024
Benefit Funds Sue Sandoz Over Alleged Fraudulent Transfers
Several health and welfare funds have filed a class action against Sandoz Inc. and affiliates in Pennsylvania federal court, alleging the drugmaker engaged in fraudulent transfers designed to evade liabilities stemming from drug-pricing antitrust litigation.
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September 17, 2024
Allstate Freed From Texas Auto Insurance Class Action
A Texas federal judge handed Allstate a win in a proposed class action over allegedly discriminatory auto insurance premium rates, adopting a magistrate judge's recommendations that the class not be certified and that the insurer be freed from the suit before trial.
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September 17, 2024
Ex-Worker Suing Over Bonuses Backed Axing Them, X Says
X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.
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September 17, 2024
New Mexico School District Failed To Pay OT, Workers Say
Workers for a New Mexico school district sued a local board of education claiming they were stiffed on overtime pay every other week, according to a complaint filed Tuesday in New Mexico federal court.
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September 17, 2024
Putative Class Says Golf Course Co. Shanked Data Protection
An Illinois-based golf course and hospitality management company failed to adequately protect the personal information of its customers and failed to provide them with timely notice of an April data breach, according to a proposed class action filed Monday in federal court.
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September 17, 2024
PAGA Claim On Unpaid Wages Dismissed In Joint Agreement
A computer technician and an IT Services Company have agreed to dismiss the remaining representative claim in an unpaid wages case that raised questions about the interplay between California's Private Attorneys General Act and arbitration.
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September 17, 2024
Licorice Maker KLN Defeats 'Naturally Flavored' Deception Suit
A California federal judge has dismissed a proposed class action lawsuit alleging the manufacturer of Wiley Wallaby falsely advertised the licorice as "naturally flavored," finding the suit lacked particularity in alleging that the malic acid used in the product was artificial.
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September 17, 2024
Duane Morris Atty Asks Court To Keep Proposed Class Alive
A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.
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September 17, 2024
Drivers Claim Bolt App's 'Full Control' Makes Them Workers
Drivers for Bolt testified Tuesday that the "full control" exercised by the ride-hailing app over aspects of their job means that they should be classed as workers as they pursue a mass claim against the company at a London employment tribunal.
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September 16, 2024
TIAA Faces Class Claims Over 2023 Cyberattack
The Teachers Insurance Annuity Association of America and its life insurance subsidiary were sued in New York federal court by a proposed class alleging the company failed to protect the personal data of current and former clients and allowed a 2023 data breach.
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September 16, 2024
Pa. Judge Awards Servers $400K in Atty Fee Row
A Pennsylvania restaurant group is on the hook for more than $400,000 in attorney fees in a 4-year-old wage-and-hour collective action that saw a jury verdict in favor of more than 400 servers alleging tipped wage violations, according to a federal judge's order Monday.
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September 16, 2024
Icahn Enterprises Beats Investor Suit Over Dividend Program
Icahn Enterprises has beaten a proposed investor class action accusing it of propping up its stock price with unsustainably high dividends in order to support founder Carl Icahn's loans and financial interests, with a Florida federal judge saying the plaintiffs hadn't shown any misstatements the company made about the "true motivation" for its dividend program.
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September 16, 2024
Mass. Accounting Firm Hit With Data Breach Class Claims
Accounting firm Katz Nannis + Solomon PC failed to safeguard sensitive client information and enabled a 2023 data breach, according to a proposed class action in Massachusetts federal court.
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September 16, 2024
T-Mobile Doesn't Pay Technicians Proper OT, Suit Says
T-Mobile USA Inc. underpays on-call technicians with a subpar flat rate for overtime work, according to a putative collective action filed in Washington federal court.
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September 16, 2024
Tanning Giant Can't Shutter Suit Over Unsolicited Cell Calls
Palm Beach Tan Inc. can't escape a proposed class action lawsuit alleging it sent repeated telemarketing text messages to consumers' phone despite requests for the company to stop.
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September 16, 2024
Amazon Faked Discounts On Fire TVs, Suit Says
Amazon.com Inc. has been hit with a proposed class action in Washington federal court alleging it advertised fake sales and discounts for its Fire TV products, misleading consumers into believing they were getting a bargain.
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September 16, 2024
Pall Corp. Shorts Workers By Rounding OT, Suit Says
A proposed class action filed Sept. 12 alleges that biotech supplier Pall Corp. followed a time-rounding policy that systematically undercompensated employees, and accused the company of improperly deducting 30 minutes from employees' pay for meal breaks, even when employees took shorter breaks.
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September 16, 2024
Longtime Cooley Litigator Jumps To Jackson Lewis In Calif.
Jackson Lewis PC has expanded its Orange County, California, office with a longtime employment litigator who spent more than two decades with Cooley LLP.
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September 16, 2024
Morgan & Morgan Can't Arbitrate Ethics Claims, Court Told
A former client of Morgan & Morgan PA's Jacksonville, Florida, office has told a Georgia federal court to reject its bid to keep his malpractice claims out of court because, he says, the allegations fall within an "ethical grievance" exception in the parties' arbitration agreement.
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September 16, 2024
Aviation Workers Say Volato Fired Workforce Without Notice
Former employees of aviation company Volato Inc. filed a proposed class action in Florida federal court alleging that 233 employees, nearly all the workers at a St. Augustine facility, were laid off without required advanced notice.
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September 16, 2024
Record Retrieval Co. Hit With Suit Over Data Breach
Medical record retrieval company Compex Legal Services Inc. is facing a proposed class action in California federal court over an April data breach that exposed consumers' personal and health information.
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September 16, 2024
NY Home Health Co. To Pay $3.5M To Settle Wage Claims
A New York federal judge has signed off on a New York-based home health care agency's $3.5 million settlement with thousands of home aides who alleged violations of state wage law and the Fair Labor Standards Act.
Expert Analysis
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early
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.
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Del. Dispatch: 27.6% Stockholder Not A Controller
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.
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Class Actions At The Circuit Courts: July Lessons
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.
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2 Rulings Serve As Conversion Fee Warnings For Banks
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.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
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.
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How NJ Worker Status Ruling Benefits Real Estate Industry
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.
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Loss Causation Ruling Departs From Usual Securities Cases
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.
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PAGA Reforms Encourage Proactive Employer Compliance
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.
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A Simple Proposal For Improving E-Discovery In MDLs
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.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
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.
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What FTX Case Taught Us About Digital Asset Recoverability
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.
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Series
Serving In The National Guard Makes Me A Better Lawyer
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.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
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.