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Class Action
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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.
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September 16, 2024
Burford Capital Adds Chief Development Role In London
Burford Capital LLC said Monday that it has appointed a legal finance specialist to the newly created role of chief development officer as part of ongoing efforts to expand the legal funder's business in the U.K., the U.S. and beyond.
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September 16, 2024
Apple App Developers Bid To Go Ahead In £785M Class Action
A lawyer for a consumer advocate told Britain's antitrust tribunal on Monday that a proposed £785 million ($1 billion) claim by app developers against Apple over payments for commission should be allowed to go ahead as a class action.
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September 16, 2024
Nelson Mullins Grows In Chicago With Ex-Taft Litigator
Nelson Mullins Riley & Scarborough LLP has reinforced its Midwest litigation team with a former Taft Stettinius & Hollister partner based in the Windy City.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Judiciary Panel Dems Endorse Amicus Funding Disclosure
A plan to overhaul required financial disclosures in appellate amicus briefs has generated strong early reaction, including from two key congressional Democrats who endorsed the proposals.
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September 13, 2024
23andMe Inks $30M Data Breach Deal With 6.4M Users In MDL
Personal genomics company 23andMe has reached a $30 million settlement to resolve multidistrict class action litigation on behalf of more than 6 million customers whose personal data was stolen and in some cases leaked onto the dark web, according to a California federal court filing Thursday.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Emergent BioSolutions Pays $40M To Settle COVID Vax Suit
Emergent BioSolutions has agreed to pay $40 million to settle a consolidated class action alleging it misled investors about how prepared it was to handle two high-profile deals to manufacture COVID-19 vaccines.
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September 13, 2024
Calif. Delivery Co. To Pay $7.5M To Settle Drivers' Wage Suit
A $7.5 million wage-and-hour settlement between a California-based transportation services company and some of its drivers secured a federal judge's final approval, resolving a five-year-old suit's minimum wage, expense reimbursement and follow-on claims.
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September 13, 2024
Makers Of Paragard Say Time Ran Out On Claims In 236 Suits
Teva Pharmaceuticals and The Cooper Cos. pressed an Atlanta federal judge to pare back multidistrict litigation over alleged defects in the Paragard IUD by dismissing untimely claims across 236 complaints.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 12, 2024
Southwest Leave Penalty Suit Cleared For Class Treatment
A California judge gave her blessing Thursday to a class action accusing Southwest Airlines Co. of penalizing flight attendants who take family or medical leave, letting the suit move ahead on behalf of thousands of workers.
Expert Analysis
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Classwide Calculations May Get Price Premium Damages Wrong
In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Parsing NJ Court's Rationale For Denying Lipitor Class Cert.
A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.