Class Action

  • September 06, 2024

    Property Co. Not Covered By Excess Carriers In Antitrust Row

    A property management company is not owed coverage from two excess insurers in an underlying multidistrict litigation surrounding allegations of a price-fixing conspiracy involving software company RealPage Inc., a Massachusetts federal judge ruled, finding the excess insurers had no obligations under the management company's primary policy.

  • September 06, 2024

    Military Borrowers Get Initial Nod On $64M USAA Settlement

    USAA Federal Savings Bank garnered initial approval of a $64.2 million settlement that draws to a close nearly three years of litigation over claims it disregarded federal laws protecting military borrowers, according to an order filed Friday in North Carolina federal court.

  • September 06, 2024

    Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal

    In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.

  • September 06, 2024

    Boeing Loses Bid To Toss Investor Suit Over Blowout

    A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.

  • September 06, 2024

    4 ERISA Arguments To Watch In September

    The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.

  • September 06, 2024

    $147.5M Life Insurance Class Deal Gets First OK In Conn.

    A Connecticut federal judge has given his initial approval to a $147.5 million settlement in a class action accusing two insurers of overcharging policyholders when deducting costs from savings accounts attached to universal life insurance plans, turning away objections from plaintiffs in parallel cases in other states.

  • September 06, 2024

    Workers At GE Aviation Plant Were Paid Late, Suit Claims

    More than 100 employees of a General Electric aviation manufacturing plant in Massachusetts say they were paid late on multiple occasions, in violation of the state's Wage Act, according to a proposed class action filed in state court.

  • September 05, 2024

    Coinbase, Execs Must Face Investor Suit Over Business Risks

    A New Jersey federal judge on Thursday declined to dismiss a consolidated investor class action against Coinbase and its executives over disclosures the cryptocurrency exchange made about certain business risks it faced, although he trimmed certain allegations deemed to be, among other things, corporate puffery.

  • September 05, 2024

    NCAA's $2.78B NIL Deal Misses 1st Shot At Initial OK

    A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.

  • September 05, 2024

    Law Firms Appeal Atty Fee Denial In Opioid Settlements

    Two law firms, Goldstein & Russell PC and Kelley & Ferraro LLP, have claimed in an appeal to the Sixth Circuit that they were improperly shut out of the $2.13 billion attorney fee pool created by recent national opioid settlements with major pharmaceutical companies and pharmacy chains.

  • September 05, 2024

    Class Attys Vie To Lead Drug Co. Insider Trading Suit In Del.

    A courtroom face-off over lead stockholder counsel duties in a Delaware Chancery Court case accusing a biopharmaceutical company's directors of insider trading and fiduciary duty breaches got edgy Thursday, after one of the plaintiff-side legal teams contended that the other's case was irreparably hobbled by conflicts of interest.

  • September 05, 2024

    Judge Orders Jury Trial Over Arbitration Bid In TCPA Fight

    An Ohio federal judge declined to rule on whether a proposed Telephone Consumer Protection Act class action against a Maryland-based healthcare company should go to arbitration, ordering that a jury should decide whether the plaintiff had an applicable arbitration agreement.

  • September 05, 2024

    Panel Finds Colo. Attys Can't Poach From Current Employers

    A Colorado Court of Appeals panel on Thursday upheld a $4,000 verdict and $1.2 million in fee awards against an attorney who violated an employment contract when she tried to lure colleagues away from a prominent regional personal injury firm, finding the firm's contract was valid and enforceable.

  • September 05, 2024

    Lumen Sued Over $1.4B Pension Swap With 'Risky' Provider

    Two retired employees of Lumen Technologies are suing the internet service provider and an investment adviser over the transfer of $1.4 billion in pension obligations to a "highly risky private equity-controlled" insurance company, arguing in a Colorado class action that the move puts their retirement benefits at risk despite safer options available.

  • September 05, 2024

    Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal

    Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.

  • September 05, 2024

    Coast Guard Cadets Claim Academy Allowed Assaults

    The U.S. Coast Guard was hit with 13 administrative complaints Thursday alleging it failed to prevent sexual assaults of cadets at its academy in Connecticut, marking what the plaintiffs' attorneys say is the first collective action of its kind.

  • September 05, 2024

    PE Firm Argues Tossing of FTC Case Also Ends Workers' Suit

    The dismissal of a government antitrust action against Welsh Carson Anderson & Stowe warrants the dismissal of a second lawsuit brought by a Houston workers' benefit fund since the complaint is "unapologetically based" on the parallel Federal Trade Commission action, the private equity firm told a Houston federal judge in a hearing Thursday.

  • September 05, 2024

    Split 3rd Circ. Won't Rule Out Pa. As Wiretapping Suit Forum

    The Third Circuit ruled in a precedential opinion Thursday that a lower court must reconsider if Pennsylvania consumers can sue for privacy violations caused by session replay software, reviving a portion of consolidated wiretapping class claims over activity tracking on websites for companies including Papa John's and Mattress Firm.

  • September 05, 2024

    Dodge Ram Drivers Urge 6th Circ. To Revive Emissions Claims

    Dodge Ram drivers pressed the Sixth Circuit to revive their proposed class action alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed their trucks as being more environmentally friendly than they actually were, saying a Michigan federal judge incorrectly found that their claims conflicted with federal law.

  • September 05, 2024

    Pharma Co. Verrica Fails To Shed Investor Suit Over FDA OK

    A Pennsylvania federal judge has partially denied Verrica Phamaceuticals Inc.'s second request to throw out a proposed class action filed by investors who claim the company defrauded them by hiding obstacles it faced in obtaining approval from the U.S. Food and Drug Administration for its lead product.

  • September 05, 2024

    Privacy Suit Targets DNA Testing Co.'s Use Of Meta's Pixel

    A DNA testing company has been hit with a putative class action in Illinois state court claiming it flouts protections for state residents' genetic privacy by embedding Meta's Pixel tracking technology on its website and disclosing the subjects of genetic testing to Facebook.

  • September 05, 2024

    OpenAI Slams YouTuber's AI Training Class Action

    OpenAI told a California federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a "carbon copy" of similar claims already thrown out by the courts, arguing the complaint should be dismissed.

  • September 05, 2024

    CrowdStrike Brass Face Investor Suit Over Global Outage

    Executives and directors of global cybersecurity company CrowdStrike have been hit with a shareholder derivative suit alleging that they overstated the capabilities of the company's technology that eventually caused a massive disruption over the summer when its system crashed.

  • September 05, 2024

    Target Says TikTok Claims Are No Match For Actual Facts

    Target told a federal court Wednesday that allegations it secretly employed facial recognition technology to collect shoppers' biometric data without their consent have no basis in fact.

  • September 05, 2024

    Fraud Claims Trimmed In Faulty VW Turbocharger Suit

    A New Jersey federal judge has thrown out the bulk of a putative class action suit from a woman alleging vehicles made and sold by Volkswagen Group of America Inc. had faulty turbochargers, only allowing a claim that the automaker was aware of the defect and failed to warn buyers.

Expert Analysis

  • How Federal And State Microfiber Pollution Policy Is Evolving

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    Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • 9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense

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    The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • And Now A Word From The Panel: Watch The MDL Calendar

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    One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.

  • Opinion

    Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill

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    After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.

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