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Class Action
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May 06, 2024
Gerdau Steel Settles Fathers' Parental Leave Suit In Texas
A suit accusing steel producer Gerdau of not allowing male mill workers to take parental leave will be put to rest after a Texas federal judge signed off on a nationwide deal between the workers and the company.
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May 06, 2024
Auto Parts Co. Strikes Deal To End Suit Over $1.6B 401(k) Plan
Auto parts supplier Magna International agreed to settle a class action covering about 20,000 workers who claimed to have lost millions in retirement savings because the company failed to cut underperforming and costly investments from their $1.6 billion retirement plan.
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May 03, 2024
Hagens Berman To Spearhead Litigation Over Skin Tech Woes
Hagens Berman Sobol Shapiro LLP was appointed lead counsel in securities litigation claiming Beauty Health Co. hid the news of a defective skin care device, beating competing bids from Glancy Prongay & Murray LLP and Pomerantz LLP, according to an order in Delaware federal court.
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May 03, 2024
Jewish Students Say Northwestern Allowed 'Cesspool Of Hate'
Northwestern University has been slapped with a proposed class action in an Illinois Circuit Court from Jewish undergraduate and graduate students who say the university "twisted itself into a pretzel" to accommodate anti-Israel-Hamas war demonstrators who shouted discriminatory and hateful chants from the middle of campus.
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May 03, 2024
Charities Can't Get 'Second Bite Of The Apple' Against PayPal
An Illinois federal judge on Friday trimmed a second lawsuit by charities challenging the way PayPal solicits and distributes charitable contributions, saying they can't get a "second bite of the apple" after their nearly identical claims were dismissed because they'd agreed to individually arbitrate disputes.
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May 03, 2024
New AI Copyright Class Actions Target Nvidia, Databricks
Artificial intelligence developers Nvidia and Databricks are facing a new round of class action litigation in California federal court, this time from authors like longtime New Yorker writer Susan Orlean and YA scribe Jason Reynolds.
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May 03, 2024
6th Circ. Drops Bettors' Appeal Over Doped Derby Horse
Kentucky Derby gamblers who claimed they had winning bets after officials disqualified the race's lead horse cannot sue Churchill Downs or the horse's Hall of Fame trainer Bob Baffert, the Sixth Circuit ruled, saying courts can't "turn a losing wager into a winning one."
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May 03, 2024
Ill. Hilton Operators Slapped With Time-Tracking BIPA Suits
Hilton workers have hit several hotel operators in the Chicago area with a proposed class action and an individual lawsuit in Illinois state court, accusing the hotels of illegally collecting and retaining workers' biometric data to keep track of workers' hours in violation of the state Biometric Information Privacy Act.
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May 03, 2024
Walmart Hit With False Ad Suit Over 'Reef Friendly' Sunscreen
A consumer hit Walmart Inc. with a proposed class action on Friday in New York federal court accusing the retail giant of falsely labeling its sunscreen as "Reef Friendly," when it actually contains ingredients that are harmful to coral reefs.
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May 03, 2024
DuPont, Corteva Want 'Schrödinger's Cat' Class Decertified
DuPont and Corteva Inc. asked a Pennsylvania federal court Friday to undo class certification for former employees who claim they were wrongly denied an "optional retirement" when DuPont de Nemours Inc. and Corteva's parent companies merged and they were spun off, arguing that the two class representatives' claims clash with the rest of the class.
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May 03, 2024
Goldman Settles Decade-Old Metal-Rigging Class Action
Goldman Sachs Group Inc. has settled a decade-old putative class action claiming the investment bank and others conspired to manipulate platinum and palladium market values, according to a Friday filing with the U.S. Securities and Exchange Commission.
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May 03, 2024
Railways Cos. Dodge Suit Claiming Pension Evasion Scheme
A Pennsylvania federal judge tossed a suit Friday claiming Transtar railways systematically fired workers whose pensions were about to vest in order to dodge payments, stating that the employees' complaint lacks enough detail to prove they were subjected to an illegal scheme.
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May 03, 2024
Google Blasts Epic's Post-Verdict Play Store Reforms Bid
Google is hitting back at Epic Games' proposed injunction following its jury win on antitrust claims related to the Google Play Store and Android apps, telling a California federal judge Thursday that Epic's proposed rules cover conduct that was not presented to the jury and is "purely hypothetical."
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May 03, 2024
Hess-Chevron Merger Hit With Class Disclosure Suit In Del.
A Hess stockholder sued the energy company in Delaware's Court of Chancery over alleged deal disclosure failures in the proposed $53 billion Chevron-Hess merger, adding to a list of complications that include claims by other energy giants to Hess interests.
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May 03, 2024
Crumbl Faces Privacy Suit For Not-So-Sweet Tracking Cookies
A customer hit Crumbl LLC with a proposed class action in California federal court alleging the cookie company helps a third-party payment processing company install tracking cookies on web browsers to collect consumers' sensitive information and their online activity without consent.
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May 03, 2024
Claims Court Trims Military Vax Mandate Class Action
The U.S. Court of Federal Claims pared back a proposed class action seeking military back pay for service members allegedly discharged for not complying with a 2021 COVID-19 vaccination mandate, saying it had no jurisdiction over a nonmoney-mandating statute.
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May 03, 2024
Ex-Spirit Flight Attendant Drops FMLA Suit
A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.
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May 03, 2024
Arby's Franchise, Auto Dealer Hit With Ga. Data Breach Suits
Workers at an Arby's franchise, a home nursing company and national car dealership have sued their employers in Georgia federal court, alleging the employers failed to safeguard sensitive personal information exposed in recent cyberattacks.
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May 03, 2024
3rd Circ. Clarifies Review Standard For Derivative Suits
In a precedential ruling Friday declining to revive Cognizant Technology investors' derivative claims over a bribery scandal, the full Third Circuit held that the best way to review such cases on appeal was from the beginning, not giving deference to the lower court's decision or considering whether there was an abuse of discretion.
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May 03, 2024
Lennar Workers Say 2nd Circ. Ruling Backs Their ERISA View
Workers who sued Lennar Corp. in a proposed class action over mismanaging their $1.2 billion retirement plan have urged a Florida federal court to deny the company's motion for dismissal, saying a recent appellate ruling doesn't allow the employer to enforce an arbitration provision because it violates federal pension law.
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May 03, 2024
Arbitration Exemption Doesn't Cover Cos., Conn. Judge Rules
Two food distributors who created corporate entities while working for a food service business must arbitrate claims they were misclassified as independent contractors because a Federal Arbitration Act carveout doesn't apply to businesses, a Connecticut federal judge has ruled.
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May 03, 2024
Cash App's Parent Co. Can't Ditch Referral Text Suit
Block Inc., the parent company of mobile payment service Cash App, can't escape a suit alleging it bombarded cellphone users with "annoying and harassing spam texts," a Washington federal judge ruled, finding the plaintiff has alleged sufficient facts to support a plausible claim for relief under Washington's Consumer Electronic Mail Act.
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May 03, 2024
Chancery OKs Record-Breaking $100M Pattern Energy Deal
A $100 million settlement ending state and federal court litigation over Pattern Energy Group Inc.'s $6.1 billion go-private sale in 2020 got the nod from Delaware's Court of Chancery on Friday, along with a requested $26 million fee award and two $25,000 incentive awards for the lead shareholder plaintiffs.
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May 03, 2024
Robbins Geller Attys To Take Stand In $8M Sanctions Dispute
A petroleum refiner will put current and former Robbins Geller Rudman & Dowd LLP attorneys on the stand May 7 in an extraordinary evidentiary hearing testing what the plaintiffs' lawyers knew about an analyst's now-discredited findings as they pursued since-nixed price-fixing claims.
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May 03, 2024
Publix Can't Send Questions To Ga. Justices In Opioid Suit
A federal judge overseeing national opioid litigation has rejected Publix's bid to ask the Georgia Supreme Court "convoluted and confusing" questions about if the state's public nuisance law applied to allegations the supermarket chain overdistributed painkillers.
Expert Analysis
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Securities Class Actions Show No Signs of Slowing In 2024
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.
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ESG Concerns Can No Longer Be Ignored In 2024
While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.
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Opinion
Conflicts Abound When Activist Short-Sellers Publish Reports
The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.
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Emerging Risks Affecting The Tech Legal Landscape
The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What Brands Need To Know About Consumer Reviews In 2024
Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.
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2 Cases Highlight NJ Cannabis Employment Law Uncertainties
More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Compliance Risk After SEC Warning Against 'AI Washing'
The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.
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Shopify Ruling May Support Personal-Jurisdiction Defenses
Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.