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Class Action
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June 10, 2024
Calif. Cannabis Co. Stiiizy Wants Delta-8 Product Suit Tossed
A California cannabis company urged an Illinois federal judge to toss a consumer-led false advertising lawsuit alleging it put higher levels of THC in its vape pens than federally allowed, saying the buyers didn't even purchase the one product that was allegedly tested.
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June 10, 2024
Migrant Cleaners Rebuff Colo. Hotel's Bid To Ditch Wage Suit
The migrant contractor staff that cleaned a Colorado luxury hotel slammed the hotel's efforts to escape claims of underpaying its workers, telling a Colorado federal court Monday that the hotel set the terms of their employment.
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June 10, 2024
2nd Circ. Remands Malpractice Suit Against DLA Piper
The Second Circuit on Monday sent back to state court a Chinese smart car technology company's malpractice suit against DLA Piper that accused the firm of mishandling a shareholder suit, with the appeals court panel saying federal court does not have jurisdiction over the suit.
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June 10, 2024
Amid FBI Probe, Troubled Law Firm Gets Fees Win At 5th Circ.
An embattled Texas law firm has won another shot to secure fees for its work on hurricane-related cases in Louisiana, the Fifth Circuit ruled, one day after the FBI revealed it was investigating the firm over its client solicitation practices.
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June 10, 2024
Victims Of Chiquita-Funded Paramilitaries Win $38M Award
The first bellwether trial in multidistrict litigation against Chiquita over its funding of right-wing paramilitaries in Colombia's banana-producing region ended with a victory Monday afternoon for nearly all the plaintiffs, as a Florida federal jury awarded them $38.3 million in damages for the losses of their loved ones killed by paramilitaries.
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June 10, 2024
Kirkland Faces Class Claims Over Breach Of File Transfer Tool
A proposed class of victims of a data breach has sued Kirkland & Ellis LLP and various other entities in a Massachusetts federal court, accusing them of failing to "properly secure and safeguard [the] plaintiff's and other similarly situated individuals' private information" in the lead-up to the massive 2023 MOVEit data breach.
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June 10, 2024
Prudential Financial Hit With Data Breach Suit In NJ
Prudential Financial Inc. faces a negligence suit alleging the company failed to protect the personal information of nearly 37,000 clients after it acknowledged that certain of its systems were compromised in a February hacking incident involving so-called social engineering.
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June 10, 2024
Catching Up With Delaware's Chancery Court
Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.
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June 10, 2024
Citgo Retirees Secure Amended Class Cert. In ERISA Suit
An Illinois federal judge greenlighted class status to retired Citgo employees who accused the company of shortchanging them by using outdated metrics to calculate early retirement payouts, saying the former employees properly winnowed down the class definition.
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June 10, 2024
Justices To Hear Meta Investor Suit Over Risk Disclosures
The U.S. Supreme Court on Monday agreed to hear Meta Platforms' petition regarding the Ninth Circuit's decision to partially revive investors' claims over the Cambridge Analytica data abuse scandal, after the tech giant argued the appellate panel adopted "extreme outlier positions."
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June 07, 2024
Motley Rice Allocated Biggest Share Of $2B Opioid Fees
A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.
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June 07, 2024
Public Schools Tossed From Calif. Social Media Injury Case
Four public school districts cannot pursue their claims against Meta Platforms, Snap, Google, YouTube and TikTok that their allegedly addictive social media platforms fueling a mental health crisis among children have had a ripple effect on schools, a California state judge ruled Friday.
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June 07, 2024
NFL's Kraft Testifies 'Too Many' Sunday Ticket Sales Is Bad
A California federal jury considering multi-billion dollar antitrust claims against the NFL brought by Sunday Ticket subscribers saw video deposition testimony Friday from New England Patriots owner Robert Kraft, who said ensuring a high price for the television package is a league priority, and he would not want "too many" U.S. subscribers.
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June 07, 2024
Uber Targets Most Calif., Texas Claims In Driver Assault MDL
Uber urged a California federal judge Friday to toss the majority of claims from plaintiffs in California and Texas in multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assaults, saying it can't be held responsible for the actions of individual drivers under those state's laws.
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June 07, 2024
Ozempic MDL Gets New Judge After Judge Pratter's Death
The U.S. Judicial Panel on Multidistrict Litigation on Thursday reassigned sprawling litigation over Ozempic and similar drugs in the Eastern District of Pennsylvania following the sudden death of U.S. District Judge Gene E.K. Pratter, who'd been overseeing the MDL.
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June 07, 2024
Casper Investors Ink $3M Deal Over Mattress Co.'s Woes
Investors in mattress company Casper Sleep Inc. have asked a Brooklyn federal judge for an initial nod for their $3 million deal that would end claims the company misrepresented its financial prospects in the lead-up to its February 2020 initial public offering.
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June 07, 2024
Terraform Funder Must Face Class Claims In Illinois
Terraform Labs' financial backer Jump Trading LLC cannot consolidate a pair of proposed class actions accusing it of propping up the failing crypto platform, with a federal judge ruling that purchasers of a massively devalued crypto token can keep their lawsuit against the high-speed trading firm in Illinois.
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June 07, 2024
FaZe Clan SPAC Investor Sues B. Riley In Chancery Court
Former stockholders of the blank-check company that took electronic sports and entertainment company FaZe Clan public in a $725 million transaction in July 2022 sued B. Riley Financial and others behind the deal on Friday in Delaware's Court of Chancery, alleging disclosure failures and breaches of fiduciary duty.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
Scotts Miracle-Gro Hit With Suit Over Sales Channel 'Stuffing'
A pension plan investor of Scotts Miracle-Gro has filed a class action suit against the lawn and garden care company and several former and current executives, alleging they misled investors about the company's inventory levels, debt covenant compliance and financials.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
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June 07, 2024
Ranbaxy Units Overcome Lipitor Antitrust MDL
Multiple Ranbaxy Inc. entities have defeated multidistrict litigation accusing them of conspiring with Pfizer Inc. to delay releasing a generic alternative to blood pressure drug Lipitor, as a New Jersey federal judge on Thursday criticized the drug purchasers' "speculative" arguments.
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June 07, 2024
Pilgrim's Pride Largely Can't Pause Chicken Farmers' Suit
An Oklahoma federal judge largely refused Friday to pause a lawsuit accusing Pilgrim's Pride of conspiring with other chicken producers to suppress farmer compensation while Pilgrim's appeals certification of over 24,000 farmers, finding it does not matter if the $2.77 billion damages claim might pressure the company to settle.
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June 07, 2024
Exotic Dancers Win Class Status For State Law Wage Claims
An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.
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June 07, 2024
DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas
The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Unpacking The Complicated Question Of CIPA's Applicability
As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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Overdraft Opt-In Practices Hold Risks For Banks
A recent Consumer Financial Protection Bureau action against Atlantic Union Bank regarding overdraft opt-in sales practices highlights compliance risks that financial institutions must be aware of, especially when enrolling customers by phone, says Kristen Larson at Ballard Spahr.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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An Overview Of Key Financing Documents In Venture Capital
The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.