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Class Action
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April 05, 2024
COVID App Takes Another Shot At Apple With Justices
App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.
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April 05, 2024
9th Circ. Revives Pump-And-Dump Action Against Cartoon Co.
The Ninth Circuit on Friday revived a securities class action accusing children's entertainment company Genius Brands International Inc. of running a pump-and-dump scheme in its stock, and in doing so likened the court's mission to that of the heroes of the company's cartoon production "Rainbow Rangers."
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April 05, 2024
Wow Bao Says Customer Can't Prove Kiosk Data Collection
Asian fast-food chain Wow Bao has urged an Illinois state court judge to grant it summary judgment in a biometric privacy suit targeting the company's self-serve kiosks, arguing it cannot be held liable for collecting or possessing data it never in fact had.
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April 05, 2024
Justices Urged To 'Shut The Door' On Meta Disclosure Suit
The U.S. Supreme Court should "shut the door" on private securities lawsuits that could create a bloated disclosure regime and hurt businesses and investors alike, the U.S. Chamber of Commerce said Friday in a brief backing Meta Platforms Inc.'s call for the justices to hear a shareholder proposed class action over the Cambridge Analytica data abuse scandal.
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April 05, 2024
Exxon Mobil Asks Court To Keep Certain Files From Investors
Exxon Mobil Corp. and its officers say that the plaintiffs in a proposed shareholder class action have demanded a substantial trove of documents that goes beyond what's typical in class certification discovery, asking a Texas federal judge to issue a protective order against the proposed production Thursday.
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April 05, 2024
Perrigo Inks $97M Deal With Investors In Securities Fraud Suit
A class of investors suing Perrigo Co. PLC asked a New Jersey federal judge Friday to approve a $97 million settlement after the court trimmed several claims in the suit alleging the pharmaceutical company's executives made misleading statements to defeat a potential $29 billion takeover attempt.
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April 05, 2024
BofA Objects To Allowing Zelle Fraud Claim To Proceed
Bank of America took umbrage with certain recommendations a federal magistrate judge made in allowing to proceed a proposed class action over alleged fraud on the peer-to-peer payment service Zelle.
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April 05, 2024
Where Will 10 Private IPhone Suits Call Home, Calif. or NJ?
Two different groups of consumers are pushing competing visions for where they want to pursue claims that Apple tried to lock in iPhone users, with one case first filed in California seeking transfer to New Jersey while a second group sought consolidation of all private lawsuits in the Golden State.
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April 05, 2024
Neb. Beef Seller Says No Proof It Joined Wage-Fixing Scheme
A Colorado federal judge gave a Nebraska beef wholesaler another chance to petition for dismissal from a class action accusing it of participating in a meat industry wage-fixing scheme, after the company filed a motion that didn't follow the court's page limit.
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April 05, 2024
Tesla Workers Skipped Breaks To Meet Quotas, Suit Says
Two former warehouse workers hit Tesla with a proposed wage and hour class action Thursday in California federal court, alleging the electric carmaker violated labor laws by not providing sufficient break time, operating an illegal quota system and failing to pay all of their wages.
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April 05, 2024
Feds Say Bombing Survivors' Suit Is Outside Court's Authority
The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.
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April 05, 2024
Home Depot Accused Of Using Fake Discounts Online
Home Depot has been hit with a class action in Georgia federal court, alleging it tricks buyers into purchasing items online by advertising false original prices and corresponding discounts that create the "illusion of short-lived bargains."
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April 05, 2024
Publix Wants Ga. High Court Input On Opioid Public Nuisance
Grocery chain Publix has asked the Ohio federal court overseeing the opioid multidistrict litigation to send questions to Georgia's high court about whether that state's law allows public nuisance claims over a healthcare provider's dispensing of prescription narcotics.
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April 05, 2024
Insurers Fight Kidde-Fenwal's Bid For Coverage Of Foam Suits
Two AIG units and another insurer have told a Delaware bankruptcy court it should reject fire-suppression company Kidde-Fenwal Inc.'s bid to secure their coverage for a bevy of underlying suits alleging the company exposed those plaintiffs to so-called forever chemicals via its production of firefighting foam.
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April 05, 2024
Nationwide Optometry To Pay $3.4M Over 2021 Data Breach
Nationwide Optometry will pay $3.4 million to a proposed class of approximately 714,000 patients whose personal information was compromised following a ransomware attack in 2021 on network servers belonging to co-defendant U.S. Vision, according to a preliminary approval motion filed in New Jersey federal court.
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April 05, 2024
Solar Company Hit With TCPA Suit After $13.8M FTC Fine
Months after the Federal Trade Commission slapped lead generation firm Solar Xchange with a $13.8 million fine for sending out millions of pestering calls to people on the National Do-Not-Call Registry, one recipient of those calls has filed suit in Massachusetts federal court to seek his own recompense.
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April 05, 2024
UBS Beats Blockchain Co.'s Spoofing Suit, For Now
UBS Securities LLC has, for now, escaped a suit accusing it of a so-called spoofing campaign against blockchain company Phunware's stock, with a New York federal judge saying that while Phunware has adequately alleged the spoofing scheme took place, it has failed to show how it was impacted or injured by it.
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April 05, 2024
SXSW Insurer Asks 5th Circ. To Rethink Coverage Ruling
The insurer of Texas music festival South by Southwest has asked a Fifth Circuit panel to rehear its case seeking to avoid covering a class action by ticket holders who didn't get refunds when the event was canceled due to the COVID-19 pandemic in 2020.
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April 05, 2024
Food Co. Shells Out $1.5M To End 401(k) Mismanagement Suit
A California food manufacturer will pay $1.5 million to end a proposed class action alleging it loaded a $323 million employee 401(k) plan with excessive fees and costly, underperforming investment options, according to settlement details unveiled in federal court Friday.
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April 05, 2024
School District Seeks To Knock Out Teachers' Equal Pay Suit
A school district asked a Pennsylvania federal judge Friday to toss or at least decertify a collective action alleging it paid male teachers more than women who had similar experience, arguing that the workers couldn't show they had enough in common to justify a group action.
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April 05, 2024
Green Energy Co. Duped Investors Out Of $40M, Suit Says
A proposed class of investors has hit a purported Chicago green energy outfit and its executives with a federal suit claiming they used promises of extravagant returns to get the plaintiffs to invest but never created any energy or produced the returns they promised.
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April 05, 2024
2nd Circ. Revives Coinbase Securities Class Action
The Second Circuit on Friday revived a proposed class action accusing crypto trading platform Coinbase of selling unregistered securities, saying that competing user contracts left it open for interpretation as to who, exactly, was the direct seller of dozens of tokens trading on the exchange.
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April 05, 2024
IBM Retirees Filed Shorted Pension Suit Too Late, Judge Says
IBM escaped a proposed class action alleging it stiffed workers on pension payments by using outdated mortality data to calculate their benefits when a New York federal judge ruled that their claims timed out under the plan's limitations on when its participants could sue.
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April 04, 2024
Google Ad Privacy Class Loses Cert. Bid, For Now
A California federal judge Thursday refused to certify a class of potentially tens of millions of Google account holders alleging the company's ad auction practices violate privacy rights, saying that while the consumers have hit many certification requirements, the current class definition is improperly fail-safe.
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April 04, 2024
'No Madonna Fan' Expects Show At Ticket Time, Singer Says
Madonna, Live Nation and the Barclays Center asked a New York federal judge to toss a lawsuit alleging fans were "lulled" into buying tickets for a show that started two hours late, saying no reasonable concertgoer — "and certainly no Madonna fan" — expects the headliner to begin at the ticketed time.
Expert Analysis
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Analyzing The Legal Ripples Of The EPA's PFAS Regulation
As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.
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Boeing Opinion Strikes Blow Against Overpayment Theory
The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.
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3 Tips For Defending Against Data Breach Litigation
As cyberattacks become more prevalent, companies responding to data breaches must consider several strategies to better position themselves in the event of litigation even during their preliminary investigations and breach notifications, say attorneys at Davis Wright.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Opinion
Test Results Signal Poor Odds For Lead Cables Litigation
After sites in New York and New Jersey allegedly contaminated with lead by telecommunications cables were found by state and federal agencies to present no imminent threats to public health, it seems unlikely that mass litigation over this issue by plaintiffs firms or state attorneys general will succeed, says Andrew Ketterer at Ketterer & Ketterer.
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How Justices' Disclosure Ruling May Change Corp. Filings
In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.
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How Ill. Supreme Court Could Shape Statutory Violation Cases
In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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How Cos. Can Prioritize Accessibility Amid Increase In Suits
The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.