Class Action

  • April 28, 2022

    Dealers Ask Justices To Take On German Car Antitrust MDL

    U.S. car dealerships want the U.S. Supreme Court to weigh in on the Ninth Circuit's refusal to revive antitrust allegations that German auto manufacturers conspired to control diesel emissions system specifications, arguing that the appellate court pushed pleading standard requirements into dramatic new territory.

  • April 28, 2022

    ER Chief Says Opioid Crisis Feels 'Hopeless' At SF Bellwether

    Zuckerberg San Francisco General Hospital's emergency medicine chief took the stand Thursday in a multibillion-dollar bellwether bench trial accusing Walgreens, Allergan, Teva and Anda of illegally fueling the city's opioid epidemic, testifying that "it sometimes feels very hopeless" dealing with the flood of patient suffering stemming from the powerful painkillers.

  • April 28, 2022

    Paparazzi's 'Lead-Free' Jewelry Contains Lead, NY Suit Claims

    Multilevel marketing jewelry company Paparazzi LLC has been hit with a proposed class action in New York federal court accusing it of lying when promoting its products as "lead-free" when they actually have detectable levels of the toxic metal, which can cause hives, itchy skin, vomiting, headaches and fatigue.

  • April 28, 2022

    TikTok Says Mass Opt-Out Improper In $92M Privacy Deal

    TikTok argued Wednesday that an Illinois federal judge should reject more than 2,200 class members' bid to opt out of a $92 million biometric privacy deal because their requests were improperly solicited and violate its settlement agreement.

  • April 28, 2022

    United Urges Calif. Judge To Ground Pilot Pay Stub Suit

    United Airlines told a California federal judge that it should reject a pair of pilots' request for a win in their suit alleging the company failed to provide statements detailing their hourly wages and hours worked, arguing that pilots are not paid at an hourly rate.

  • April 28, 2022

    $21M Deal Gets Go-Ahead In Coca-Cola Milk False Ad MDL

    An Illinois federal judge has given preliminary approval to a $21 million settlement to end claims that milk companies, including one owned by Coca-Cola Co., falsely advertised their milk as coming from humanely treated dairy cows.

  • April 28, 2022

    New Consulting Firm Data Breach Suit Bumps Class To 2.5M

    Consulting firm Horizon Actuarial Services LLC was hit Thursday with another proposed class action in Georgia federal court over a November 2021 data breach that the firm allegedly failed to timely notify its customers of, this time claiming it put over 2.5 million benefit plan members at risk of identity theft.

  • April 28, 2022

    Insurer Can't Escape La. Broker's Coverage Suit

    A Louisiana federal judge tossed a fidelity bond insurer's bid for a judgment that it doesn't have to pay for losses suffered by an insurance broker whose former employee stole customer premiums, finding that the policy in question offers coverage for some types of indirect loss.

  • April 28, 2022

    Pa. Debtors Granted Class Cert. In Debt-Threat Letter Suit

    A Pennsylvania federal judge granted class certification for those who received a debt collector's letters urging them to take advantage of discounted repayment offers before court judgments were entered against them, even though there were no pending court cases where judgments could be entered.

  • April 27, 2022

    COVID-19 Cases Won't Stop SF's Opioid Bellwether Trial

    The California federal judge presiding over a multibillion-dollar bellwether bench trial on San Francisco's claim that Walgreens, Teva, Allergan and Anda illegally fueled its opioid crisis said Wednesday the trial will proceed despite individuals from both sides testing positive for COVID-19, calling it "an important case for everybody."

  • April 27, 2022

    Walgreens Opioid Inaction Preceded Fla. Shutdown, Jury Told

    Walgreens was warned numerous times about opioid diversion in its Florida pharmacies before a warehouse there was finally shut down by the U.S. Drug Enforcement Administration, an expert testified Wednesday in the state attorney general's case against the chain.

  • April 27, 2022

    Sonic Signs $5.7M Deal With Banks To Settle Data Breach Suit

    A class of financial institutions suing Sonic Corp. over a 2017 data breach that compromised millions of payment cards is pressing an Ohio federal judge to sign off on a deal that would require the fast-food chain to fork over up to $5.7 million and would avert a looming trial. 

  • April 27, 2022

    'Overheated Hyperbole'? Opioid Atty Gets Fiery In SF Trial

    Two days of opening statements in San Francisco's opioid crisis trial featured impassioned assertions about the pharmaceutical industry's role in rampant drug abuse, but a Foley & Lardner attorney stole the show with invective so intense that he cautioned the judge against ignoring it as "overheated hyperbole" from an overzealous advocate.

  • April 27, 2022

    Judge Tells Court To Scratch Off Lottery.com Fraud Suit

    A Tel Aviv-based investor in the gambling site Lottery.com should be required to arbitrate her claims that the company tricked her into converting her $3 million investment into digital security tokens that have only paid out $802 in royalties, a Texas magistrate judge has recommended.

  • April 27, 2022

    6th Circ. Won't Boot Cintas ERISA Suit To Arbitration

    The Sixth Circuit rejected Cintas Corp.'s effort to force into arbitration a proposed class action from workers who said the uniform and business supply company mishandled their retirement savings, ruling Wednesday that individual employees hadn't signed away their right to seek plan-wide relief.

  • April 27, 2022

    Consumers Reach $500M Deal With Tribal Lending Cos.

    A class of consumers has asked a Virginia federal judge for the first green light on a $500 million settlement reached in their case, which alleged online lending companies formed by the Habematolel Pomo of Upper Lake, a federally recognized Native American tribe, charged usurious interest rates on loans.

  • April 27, 2022

    DraftKings Says Investor Suit Over Merger Still Lacks Facts

    DraftKings has slammed the latest version of shareholders' proposed class action that alleges a merger partner's purported black-market dealings cost them money, saying the investors' case should be tossed because it has "no factual or legal substance."

  • April 27, 2022

    3M Can't Get Discovery From Feds In Earplug MDL

    A Florida federal judge on Tuesday denied 3M's bid to compel the government to produce depositions and discovery in the multidistrict litigation over its combat earplugs, saying that the request came too late.

  • April 27, 2022

    Lipedema Patients Win Cert. In ERISA Aetna Insurance Fight

    A California federal judge has certified a class of about 25 Aetna policyholders who claim the health care giant denied them coverage for lipedema-related procedures after wrongly deeming them cosmetic, finding the move warranted despite the small class size.

  • April 27, 2022

    Allianz, Investors Ink Deal In Suit Over $1B Virus Crash Loss

    Investors in a hedge fund that lost nearly $1 billion during the coronavirus-induced market crash in 2020 have reached settlements resolving their claims that fund manager Allianz Global Investors took extreme risks that caused the fund to collapse, the parties told a New York federal judge Tuesday.

  • April 27, 2022

    Elon Musk Beats Chancery Suit Over Tesla's SolarCity Deal

    Tesla CEO Elon Musk won an epic Delaware Chancery Court battle Wednesday over a stockholder claim for $13 billion in damages tied to claims that he breached his fiduciary duty to the electric car company in an allegedly conflicted and unfair $2.6 billion purchase of rooftop solar company SolarCity.

  • April 27, 2022

    Union Drops $1.3M Benefits Suit Against Concrete Co.

    A Chicago union representing construction workers dropped its lawsuit accusing a concrete company of failing to pay $1.3 million in fringe benefits and more than $639,000 in unpaid wages.

  • April 27, 2022

    Insurers, McD's Franchisees Settle BIPA Coverage Dispute

    Two insurers and 26 Illinois-based McDonald's franchisees reached a settlement in their dispute over whether coverage exists for a class action accusing the restaurant owners of violating Illinois' data privacy law by improperly collecting and sharing employee fingerprint scans.

  • 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.

Expert Analysis

  • 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.

  • Navigating The New Wave Of PFAS Regulation And Litigation

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    As states ramp up regulations and litigation targeted at manufacturers of per- and polyfluoroalkyl substances, and the federal government advances its own efforts to regulate PFAS, entities that may be subject to liability for these chemicals must understand the rapidly changing legal environment, say attorneys at Harris Beach.

  • 3 Cases Could Influence Electric Vehicle SPAC Litigation

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    Several ongoing lawsuits concerning electric vehicle special purpose acquisition companies could eventually map out liability standards for forward-looking statements on issues such as green energy projections, say attorneys at Quinn Emanuel.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

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    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • M&A Rulings Provide Guidance On 'Bump-Up' Claim Coverage

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    As M&A activity continues to surge, several recent federal court decisions can guide companies in structuring their insurance programs and assessing whether so-called bump-up claims arising from particular M&A transactions may be covered, say Robin Cohen and Orrie Levy at Cohen Ziffer.

  • Did Trump's SPAC Violate Federal Securities Law?

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    Amid speculation of an impending U.S. Securities and Exchange Commission crackdown on special purpose acquisition company regulation, former President Donald Trump's social media-related SPAC could face securities law scrutiny and civil litigation, say Michelle Genet Bernstein and Daniel Maland at Mark Migdal & Hayden.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • BIPA Ruling Should Aid Insurers In Privacy Claims

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    Massachusetts Bay Insurance v. Impact Fulfillment Services, a recent decision by a North Carolina federal court finding that a Biometric Information Privacy Act claim was precluded under an insurance exclusion, represents a potentially significant win for insurers due to its broadly applicable contract interpretation, say Joshua Polster and Conor Mercadante at Simpson Thacher.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • 9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

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    The Ninth Circuit's recent decision revoking class certification in Moser v. Benefytt punted on personal jurisdiction questions left by the U.S. Supreme Court’s Bristol-Myers decision, but provides some guidance on how to raise jurisdictional defenses in nationwide class actions, say attorneys at Dechert.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Ill. Right To Publicity Class Actions May Extend Cos.' Liability

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    Businesses that use consumer data should be alert to recent class actions that could expand liability under the Illinois Right to Publicity Act based on a novel theory that selling access to searchable online consumer databases involves commercial use of individuals' identities, say attorneys at Blank Rome.

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