Try our Advanced Search for more refined results
Class Action
-
April 03, 2024
Judge Consolidates Wells Fargo Unwanted Products Suits
A San Francisco federal judge has consolidated five suits asserting proposed class claims that the bank sought to shortchange customers who deserved compensation after they were enrolled in financial products without their knowledge.
-
April 03, 2024
Nationstar Adds 'Junk Fee' For Loan Payoff Quote, Suit Says
A proposed class hit Nationstar Mortgage LLC with a suit alleging the mortgage servicing firm illegally charges homeowners a "junk fee" for written payoff quotes in violation of the Fair Debt Collection Practices Act.
-
April 03, 2024
Mortgage Co. Targeted In News Report Hit With RICO Suit
United Wholesale Mortgage LLC, its parent company and its CEO were hit with a proposed class action Tuesday in Michigan federal court accusing them of scheming with mortgage brokers to steer borrowers into more expensive loans the same day that Hunterbrook Media, a new journalism and hedge fund outfit, published its first investigative piece focused on the company.
-
April 03, 2024
Google's Win In Ad Tech Antitrust MDL To Get 2nd Circ. Look
A group of Massachusetts-based gym and spa businesses informed a New York federal judge Wednesday they will be taking to the Second Circuit their challenge of the judge's order dismissing their antitrust claims in multidistrict litigation over Google's alleged monopoly in digital advertising.
-
April 03, 2024
AT&T Faces Investor Suit Over $43B WarnerMedia Spinoff
A Warner Bros. Discovery shareholder accused AT&T and its CEO John Stankey of hiding how serious the company's problems were as it spun off its $43 billion WarnerMedia unit, alleging that caused Discovery to pay far too much when it merged with its fellow news and entertainment giant.
-
April 03, 2024
Healthcare Company Hid Rising Costs Before IPO, Suit Says
Elder-focused healthcare company Agilon Health was hit with an investor's proposed class action in New York federal court alleging that the company failed to acknowledge ahead of its initial public offering that it had been affected by rising medical costs for providers.
-
April 03, 2024
FIS Didn't Lie To Itself About Short-Lived Merger, Execs Say
Fidelity National's top brass recently urged a Florida federal court to toss an investor's lawsuit over a $46 billion market cap drop resulting from spinning off a payment business it had acquired a few years prior, arguing the company can't "be deceived by its own statements," which a pension fund alleged artificially inflated share prices.
-
April 03, 2024
4 Atty Takeaways From DOL's Asset Manager Exemption
The U.S. Department of Labor's final regulation limiting investment managers with serious misconduct on their records from handling Employee Retirement Income Security Act-covered retirement plans backed away from some controversial aspects of the agency's initial proposal, but still imposes significant new compliance obligations on plan sponsors, attorneys say. Here are four key takeaways from the final amendment released Tuesday.
-
April 03, 2024
NJ Judge Grants Initial OK Of $2.7M EV Maker Investor Deal
A New Jersey federal judge granted preliminary approval to a $2.7 million deal between investors and executives of an electric vehicle company after it went bankrupt, after finding his prior hesitations concerning the deal's notice plan had been resolved.
-
April 03, 2024
NY Bank, Investors Want Derivative Suits Merged, Paused
New York Community Bancorp Inc. and several of its investors asked a New York federal judge to consolidate and stay the investors' derivative shareholder suits against the bank.
-
April 03, 2024
Mass. Justices Leery Of Meta, Google Cookie 'Wiretap' Claims
Justices on Massachusetts' highest court hinted on Wednesday that they are unlikely to open the door to potentially thousands of privacy lawsuits against website operators over their use of tracking cookies like Meta Pixel and others from Google Analytics, in a closely watched case over whether such trackers violate a state wiretap law.
-
April 03, 2024
6th Circ. Won't Revive RV Driver's Ford Chassis Warranty Suit
A Sixth Circuit panel has found that a lower court was correct to rule in favor of Ford Motor Co. in a potential class action claiming it is responsible for fixing alignment issues in recreational vehicles built with the car company's chassis.
-
April 03, 2024
Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.
The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.
-
April 03, 2024
Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit
A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.
-
April 03, 2024
Colo. Judge Rejects Landlord's Bid To Toss Unfair Fee Suit
A Colorado state judge rejected a property management company's bid to toss a class action accusing it of charging unfair rental application fees, writing in an order that a Denver renter has done enough to allege the company violated a 2019 law aimed at protecting renters from inflated charges.
-
April 03, 2024
Mayo Clinic Stuck Workers With Hefty Medical Bills, Suit Says
A medical claims administrator steered Mayo Clinic health plan participants toward out-of-network healthcare providers and then forced them to foot the bulk of the bill, a proposed class action filed in Minnesota federal court said.
-
April 03, 2024
OpenText Belongs In Merger Suit Coverage Row, Insurer Says
OpenText belongs in a dispute over coverage for a class action alleging Covisint's shareholders got a bad deal when it merged with OpenText in 2017, Covisint's insurer told a Michigan federal judge, arguing OpenText has a vested interest because it may have indemnification obligations if no coverage exists.
-
April 03, 2024
Oil Company Says Judge's Recusal Not Needed In Cartel Suits
Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.
-
April 03, 2024
Diversity Visa Winners Can't Get Hold Lifted On Green Cards
A D.C. federal judge kept intact a hold on an order requiring the Biden administration to start processing green cards for 2020 diversity visa lottery winners, saying the winners didn't directly link themselves to increased conflicts in their native countries.
-
April 03, 2024
Houston Firm Ditches Proposed Data Breach Class Action
A Texas federal judge threw out a proposed class action accusing Fleming Nolen & Jez LLP of waiting a month to disclose a cyberattack that exposed more than 100 clients' protected health information, citing the lead plaintiff's admission that she didn't even know if any of her data was compromised.
-
April 02, 2024
Crypto Co. Beats RICO But Not Fraud Claim Over $186M Hack
A Delaware federal judge has significantly trimmed a proposed class action accusing companies behind a blockchain system that enabled users to transfer crypto of running an illegal money-transmitting business and misrepresenting the system's security measures before a $186 million hack, saying the suit's racketeering, negligence and conversion claims all fail.
-
April 02, 2024
Uber Seeks Exit From Texas Riders' Claims In Assault MDL
Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.
-
April 02, 2024
Amazon App Users Win Class Cert. For BIPA Claims
An Illinois federal judge has granted class certification to consumers who allege Amazon's virtual try-on technology violates the Prairie State's biometric privacy law.
-
April 02, 2024
Straight Path Attys Seek $9.5M Fee After Chancery IDT Ruling
Attorneys who mostly lost a yearslong Court of Chancery stockholder suit seeking as much as $1.2 billion in damages from IDT Corp. founder Howard Jonas based on allegedly coerced liability releases are seeking a $9.5 million attorney fee, saying the case proved Jonas' fiduciary disloyalty.
-
April 02, 2024
Calif. IP Owners Can't Intervene In NY Case, Judge Says
A New York federal judge has refused to let copyright holders who have sued in California into litigation in the Empire State accusing OpenAI and Microsoft of copyright infringement.
Expert Analysis
-
2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work
While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.
-
Cos. Must Show Discretion In Public Statements When Sued
A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.
-
Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
-
FLSA Ruling Highlights Time Compensability Under State Law
While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.
-
Auto Defect Damages Should Factor In Supply Conditions
Automotive defect class action plaintiffs commonly seek damages based on the theory that an undisclosed defect made a vehicle worth less than its purchase price — but the methods that plaintiff experts commonly use to calculate such damages are insufficient, because they do not incorporate supply conditions, says Jon Tomlin at Ankura Consulting.
-
5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
-
Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
-
Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
-
As AI Pricing Tools Evolve, So Does Antitrust Risk
As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.
-
And Now A Word From The Panel: A One-State MDL?
As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.
-
Why There's No End In Sight For BIPA Litigation
As the law governing the Biometric Information Privacy Act remains underdeveloped, courts have struggled with applying BIPA consistently, and have suggested the Illinois Legislature must make the effort to provide guidance, though there seems to be no appetite to do so from the state body, say Joseph Kish and Erica Bury at Segal McCambridge.
-
What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
-
Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
-
How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
-
Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.