Class Action

  • April 27, 2022

    2nd Circ. Says NY Retirees Not Owed Fixed Health Care Prices

    The Second Circuit on Wednesday upheld a win for New York State in a battle with retirees and a civil service workers' union that claimed the state ran afoul of collective bargaining pacts when it told them to pay more for health insurance, saying the contracts at issue didn't guarantee fixed premiums for life.

  • April 27, 2022

    Wyo. Class Can Take On Anadarko In Drilling Gatekeeping Suit

    A Wyoming federal court said it will certify a class of landowners accusing Anadarko Petroleum Corp. of violating federal antitrust law by using its market power to gatekeep the development of oil and gas across the southern portion of the Equality State.

  • April 27, 2022

    Nestle Again Asks Judge To Toss Child Slave Labor Suit

    Nestle USA Inc. says a California federal judge ignored its investment in improving the sustainability of its cocoa farming when he refused to dismiss claims that the company deceptively marketed chocolate products that use cocoa from farms reliant on child slave labor. 

  • April 27, 2022

    Express Scripts Wants Departing Attys To Aid Acthar Dispute

    Local counsel for Rockford, Illinois, shouldn't be allowed to exit the city's antitrust suit over Mallinckrodt's anti-seizure drug Acthar because they're the only ones who can address some outlying discovery disputes in the case, Express Scripts argued Tuesday.

  • April 27, 2022

    Court Won't Change Atty Malpractice Ruling In BP Spill Suit

    A Louisiana federal judge upheld a decision allowing state residents to continue their malpractice suits against lawyers they claim mishandled their requests for monetary relief after the 2010 BP Deepwater Horizon oil spill, finding that out-of-state attorneys aren't necessarily protected by a legal malpractice statute.

  • April 27, 2022

    Mass. Panel Scraps Class Action Over Auto Insurer's Payouts

    A Massachusetts intermediate-level appeals court affirmed rulings decertifying a class and granting a win to an insurer accused of deducting excess body shop storage fees from actual cash value payments for cars that were deemed total losses, finding the policies permitted the reductions.

  • April 27, 2022

    ICE Contractor Reaches Deal To End 6-Year Meal Break Suit

    A U.S. Immigration and Customs Enforcement subcontractor and a group of workers who guarded deported migrants on flights to their countries of origin agreed to a $240,000 settlement to close out a long-running dispute over the nature of meal breaks for workers stuck on airplanes.

  • April 26, 2022

    Amazon Downplayed Privacy Litigation Risks, Investors Say

    Amazon's top brass has misled investors as to the e-commerce giant's compliance with the Illinois Biometric Information Privacy Act as well as the substantial litigation risks associated with its lackluster compliance, according to a stockholder derivative suit filed Tuesday in Washington federal court.

  • April 26, 2022

    'Small Fish' Drugmakers Blame Purdue In SF Opioid Trial

    Drugmakers Teva and Allergan deflected blame for San Francisco's opioid crisis in opening statements of a multibillion-dollar bellwether bench trial Tuesday, saying they're "small fish" responsible for a "minuscule portion" of the city's opioids, and pointing to bankrupt Purdue Pharma as the true culprit.

  • April 26, 2022

    Flint Official Says State Ignored Water Concerns

    A former water official for the city of Flint, Michigan, told a jury Tuesday he expressed concerns to state regulators about plans to imminently switch the water supply, which ultimately resulted in lead contamination, but never received a response.

  • April 26, 2022

    MoneyGram Stockholder Sues To Stop Madison Dearborn Buy

    A MoneyGram International Inc. stockholder sued the company and its board in Delaware Chancery Court on Tuesday, seeking to stop the company's proposed $1.8 billion sale to an affiliate of private equity firm Madison Dearborn Partners LLC unless the board releases more information about the deal.

  • April 26, 2022

    Amazon Asks 11th Circ. To Affirm Toss Of Prime Class Action

    Amazon has asked the Eleventh Circuit to affirm a lower court's dismissal of a proposed class action that claims it breached its contract with its Prime customers by suspending certain shipping benefits at the start of the COVID-19 pandemic in favor of prioritizing essential goods.

  • April 26, 2022

    Feds Say Asylum-Seekers' ID Seizure Class Action Is Too Late

    The Biden administration urged a Chicago federal judge to toss out a proposed class action accusing U.S. Immigration and Customs Enforcement agents of unconstitutionally confiscating migrants' identification documents during removal proceedings, saying the lawsuit blew a statutorily mandated deadline.

  • April 26, 2022

    Wonder Bread Maker, Drivers Get OK For $23M Wage Deal

    A Maine federal court on Tuesday gave its blessing to a deal worth approximately $23.1 million resolving a trio of cases accusing Wonder Bread maker Flowers Foods Inc. of misclassifying distributor drivers as independent contractors, allegedly leading to unpaid overtime and unlawful deductions from paychecks.

  • April 26, 2022

    Alcoa Fights Class Certification Bid In Retiree Benefits Suit

    Aluminum producer Alcoa USA Corp. urged an Indiana federal judge to deny class status to roughly 3,100 retirees alleging its health insurance cutbacks violated federal law and their union contracts with the United Steelworkers, arguing that retirees who worked at different facilities shouldn't be allowed to sue collectively.

  • April 26, 2022

    Migrant Advocates Push For Cert. In Juvenile Work Permit Suit

    Immigrant advocates have urged a California federal court to certify two classes of vulnerable juveniles waiting for U.S. Citizenship and Immigration Services to process their visa applications, saying new agency guidance for child abuse survivors doesn't address their allegations.

  • April 26, 2022

    Juul Faces More Suits Over Marketing Vapes As 'Safe'

    Juul Labs Inc. is facing new lawsuits in a consolidated California state proceeding over its marketing of its vape products as safe alternatives to regular cigarettes, with attorneys for the plaintiffs saying there are more complaints to come.

  • April 26, 2022

    Labaton Sucharow To Lead Suit Over Insurer's COVID Costs

    Labaton Sucharow LLP has beaten six other firms to lead a federal securities fraud suit against health insurer Bright Health Group Inc. over claims that it misled investors about its ability to bear the weight of costs related to COVID-19 during the company's initial public offering.

  • April 26, 2022

    Counsel Leadership Fight Looms In Pharma Co. Pay Suit

    A counsel leadership battle is heating up in a consolidated stockholder suit in Delaware Chancery Court alleging that certain Northwest Biotherapeutics Inc. officers received excessive and unfair compensation, with two groups of firms seeking to steer the litigation.

  • April 26, 2022

    Capozzi Adler Granted One-Third Cut Of $2M ERISA Deal

    A Boston federal judge on Monday signed off on Capozzi Adler PC's request to pocket one-third of the $2 million settlement its retirement plan participant clients reached with Southcoast Hospitals Group Inc. to resolve claims it provided bad investment options while charging runaway record-keeping fees.

  • April 26, 2022

    Illinois Privacy Law Extends To Info From Photos, Judge Rules

    An Illinois federal judge said the state's biometric privacy law doesn't exclude photograph-derived facial information from its reach, as he refused to end litigation against biometric software maker Onfido Inc.

  • April 26, 2022

    US Foods Strikes $3.5M OT Deal With Salaried Staffers

    U.S. Foods will pay up to $3.5 million to settle claims from a group of salaried workers that they were unlawfully denied overtime pay under federal and state wage laws in a deal given preliminary approval Tuesday in Illinois federal court.

  • April 26, 2022

    Jets, Giants Ask Court To Spike 'NY' Name Suit

    The New York Giants and Jets have asked a judge to toss a putative class action seeking to nix "New York" from the New Jersey-based teams' names — and instead suggested that sanctions against the plaintiffs' attorney were in order for allegedly threatening their sponsors.

  • April 26, 2022

    Samsung Asks 3rd Circ. For Arbitration Of Privacy Claims

    Samsung Electronics America Inc. asked the Third Circuit on Monday to kick to arbitration a proposed class action over claims its smart TVs illegally intercepted consumer information, arguing that a federal judge erroneously found it waived any rights to compel arbitration by failing to bring it up sooner.

  • April 26, 2022

    Lockheed Need Not Produce 1M Docs In Contamination Suit

    A Florida magistrate judge has shot down a bid by property owners to force Lockheed Martin Corp. to produce more than 1 million documents in a suit alleging it contaminated the Orlando area with chemicals, saying the company's agreement to use particular search terms does not obligate it to turn over every single document the search turns up.

Expert Analysis

  • For Junior Lawyers, Authenticity And A Solid Pitch Are Key

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    With strong lateral partner hiring and other pandemic-era trends making it harder for newly minted attorneys to progress in their careers, junior lawyers should take steps to perfect their elevator pitch and remain true to who they are, as a big part of their success will depend on how well they sell themselves to clients and how genuine they appear, says Emily Weber at Foley & Lardner.

  • A Compliance Primer For Attorneys Outsourcing Legal Work

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    Growing numbers of law firms and corporations outsource legal work for cost savings, so lawyers must firmly understand their related obligations set forth by bar associations across the country — from obtaining client consent to using accepted billing methods, say Melissa Khalil at Nora.Legal, Jeremy Babener at Structured Consulting and Patrice Asimakis at LegalEase Solutions.

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • Rebuttal

    NJ Fed. Rule On Litigation Funding Creates Privacy Intrusion

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    While a recent Law360 guest article welcomes the District of New Jersey’s new rule requiring disclosure of litigation funding because it promotes transparency, this vague goal cannot justify the undue burdens the rule has created for litigants over the last few months, nor the significant intrusion into private arrangements that have no bearing on other parties, says Eric Jaso at Spiro Harrison.

  • The State Of Article III Standing In ERISA Cases

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    Elizabeth Hopkins at Kantor & Kantor reviews federal district and appellate court Employee Retirement Income Security Act cases from the year and a half since the U.S. Supreme Court decided Thole v. U.S. Bank, and discusses how the justices’ opinion has not simplified Article III analysis in the ERISA context.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • Rebuttal

    Don't 'Fix' Misrepresentation Class Claim Pleading Standards

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    A recent Law360 guest article's proposal for a new federal pleading standard for class actions involving alleged misrepresentations is a solution in search of a problem, and would create an unnecessary barrier to average people's ability to seek redress in court, says Nicholas Coulson at Liddle Sheets.

  • Ohio Opioid Verdict Brings Focus To Role Of Pharmacists

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    The recent federal Ohio jury verdict in National Prescription Opiate Litigation found pharmacies liable for contributing to the public nuisance of the opioid epidemic, advancing the question of when pharmacists owe a duty to warn or refuse to fill a prescription, says Roseann Termini at Widener University's Delaware Law School.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

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    BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

  • And Now A Word From The Panel: Judging MDLs

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    A review of the judges selected by the Judicial Panel on Multidistrict Litigation to oversee the MDL proceedings established so far this year offers insights on how much experience judges must have before the panel will assign MDLs to them, says Alan Rothman at Sidley.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • Key Takeaways In Bimbo's 'All Butter' False Label Win

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    The Southern District of New York, in dismissing claims in Boswell v. Bimbo Bakeries that the "All Butter" label on an Entenmann's loaf cake was misleading, applied a standard on false or misleading packaging from another circuit — an unusual decision as the claims might have survived under a different standard, say Daniel Mello and Margaret Esquenet at Finnegan Henderson.

  • SEC's Alleging An Asset Is A Security Does Not Make It So

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    In Audet v. Fraser, a Connecticut federal jury recently disagreed with the U.S. Securities and Exchange Commission's position that so-called hashlets are investment contracts, showing that the SEC's overreach in classifying digital assets, and the complexity of cryptocurrencies, require further guidance and case law to clarify the limits of federal securities law, say Nick Morgan and Ken Herzinger at Paul Hastings.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

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