Class Action

  • January 27, 2022

    ICE Agrees To Detainee Virus Safety Rules In Class Settlement

    The federal government has agreed to a slew of COVID-19 safety measures at two U.S. Immigration and Customs Enforcement detention facilities in California, according to a bid Thursday for preliminary approval of a class settlement with current and former detainees alleging they were not protected from the virus.

  • January 27, 2022

    Northrop's Pension Denials 'Appropriate,' Judge Told

    A Northrop Grumman executive testified at a California federal bench trial Thursday over Employee Retirement Income Security Act class claims and said an "appropriate" interpretation of a retirement plan it oversees can leave some workers with no pension benefits despite years of service.

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

    A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.

  • January 27, 2022

    Attys Get $3M For Repping Chinese Fintech Firm's Investors

    A legal team comprising attorneys from the Rosen Law Firm PA, Robbins Geller Rudman & Dowd LLP and Scott+Scott Attorneys at Law LLP will receive a $3 million fee for representing inventors in the digital consumer finance company previously known as PPDAI Group Inc., a federal magistrate judge in New York determined.

  • January 27, 2022

    5 Breyer Opinions For Financial Services Attys To Know

    U.S. Supreme Court Justice Stephen Breyer's views on issues like securities fraud liability, antitrust enforcement and federal preemption have left their mark on the financial services legal landscape. Here, Law360 looks at some of his key opinions in the field as the longtime liberal justice heads for the exit.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Attys Seek $150K Fee Award In Cannabis Cos.' TCPA Deal

    A class of Washington state residents who received unsolicited commercial text messages from two cannabis companies has moved to secure $150,000 in attorney fees after striking a deal to settle their Telephone Consumer Protection Act claims for $618,000 in store vouchers.

  • January 27, 2022

    Fla. Judge Gives Cancer Patients Win Against Aetna

    A Florida federal judge granted two cancer patients a win Thursday in their proposed class suit against Aetna claiming they were wrongfully denied coverage for proton beam radiation therapy under their employer-issued health plans.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

    The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.

  • January 27, 2022

    Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

    A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.

  • January 27, 2022

    Genworth Policyholders Ask Chancery For $1.55B Escrow

    A group of policyholders who allege that Genworth Financial Inc. sabotaged the value of their long-term care policies through fraudulent asset transfers has asked the insurance company to set aside $1.55 billion for damages they are seeking in a Delaware Chancery Court class action.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Pediatricians Urge 3rd Circ. To Uphold School Mask Mandates

    The Pennsylvania chapter of the American Academy of Pediatrics urged the Third Circuit to allow mask mandates for children attending a Pittsburgh-area school district, saying such rules help protect children who may be more vulnerable to COVID-19.

  • January 27, 2022

    Labor Must Face Trimmed H-2B Wage Rule Challenge

    A D.C. federal judge nixed claims in a lawsuit brought by Louisiana crawfish peelers who say the H-2B guest worker program is driving down their pay by allowing employers to submit their own prevailing wage data rather than using figures from the Bureau of Labor Statistics.

  • January 27, 2022

    Staffing Co. Says No Expert Needed On Strike-Breakers' Risks

    Counsel for a temp agency said a labor expert's opinion wasn't necessary to drive home the dangers its workers faced crossing picket lines at a Pennsylvania steel mill, and asked a federal judge Thursday to exclude her testimony from a lawsuit over whether the temps should have been paid while being shuttled past the workers they were replacing.

  • January 27, 2022

    Labaton Nabs Lead In Honest Co. Investor's Diaper IPO Suit

    Labaton Sucharow LLP will represent a proposed class of investors in the Honest Co. baby and beauty concern in a suit accusing the company of failing to properly explain that it might see a post-lockdown slump in diaper sales ahead of its May 2021 initial public offering.

  • January 27, 2022

    Customer Drops Claims Uber Eats Overcharged Sales Tax

    A New York Uber Eats customer dropped a proposed class action Thursday that claimed the delivery service overcharged customers because of how it calculates sales taxes with its promotions.

  • January 27, 2022

    Bessemer Trust Favors Proprietary Funds, Class Action Says

    Bessemer Trust Company has been hit with a proposed class action in New Jersey federal court over claims that it has engaged since 2016 in unlawful self-dealing and shown favoritism to its proprietary Old Westbury Funds, causing investors to experience increased fees and meager returns.

  • January 27, 2022

    Facebook Data Antitrust Suits Get New Judge

    A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

  • January 27, 2022

    Robinhood Defeats Investors' 'Meme Stock' Claims

    Robinhood on Thursday defeated claims that it wrongly blocked investors from buying "meme stocks" during last year's market volatility, with a Florida federal court finding the stock-trading platform acted within the scope of its customer agreement.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Intel Must Face Trimmed Microprocessor Security Flaw Suit

    An Oregon federal judge on Wednesday trimmed but refused to fully throw out a proposed class action accusing Intel Corp. of knowingly peddling defective microprocessors, ruling that consumers have adequately pled that Intel delayed disclosure of the purported defects after they were discovered in 2017.

Expert Analysis

  • 6 Months On, Liability Lessons From Surfside Condo Collapse

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    The collapse of the Champlain South Tower in Surfside, Florida, and the ongoing litigation that has followed serve as a wakeup call to engineers and contractors, who should review best practices for communicating warning signs and negotiating liability-limiting contract clauses, says Adrien Pickard at Shapiro Lifschitz.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Green Light On SPAC Deal Suit Puts Fiduciary Duty In Context

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    By allowing a class suit over the MultiPlan special-purpose acquisition company merger to proceed, the Delaware Chancery Court demonstrates the importance of robust disclosures to avoid triggering fiduciary duty claims against a SPAC's sponsor and its directors, say attorneys at Skadden.

  • More Securities Class Actions May Rely On Short-Seller Data

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    In light of a recent increase in global securities class action exposure, and ongoing reliance on short-seller research to substantiate claims, issuers should prepare for more frequent and severe fraud-on-the-market suits, say analysts at SAR.

  • Vitamin C Ruling May Trigger Comity Defense Resurgence

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    The Second Circuit decision in the Vitamin C antitrust litigation calls for fresh eyes on the role comity ought to play in discovery disputes of international scopes, carrying implications beyond antitrust and merits-based defenses, say attorneys at Winston & Strawn and YuandaWinston.

  • 5 Privacy Law Predictions For 2022

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    To prepare for increased state, federal and international privacy regulation and enforcement this year, companies should focus on sufficient data security measures, fair and transparent use of artificial intelligence and biometrics, and integration of new contractual clauses into cross-border data transfer agreements, says Liisa Thomas at Sheppard Mullin.

  • Top 5 Drug And Medical Device Legal Issues Of 2021

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    Two years into the pandemic, COVID-19 continues to drive significant legal developments for drug and device companies, but opioid, personal jurisdiction and litigation funding trends are noteworthy as well, say attorneys at Faegre Drinker.

  • Key 2021 Cases On Standing In Product Defect Class Actions

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    Class actions claiming product defects often turn on questions about who has standing — and key decisions over the past year by the U.S. Supreme Court and other federal courts have helped to clarify who is entitled to bring such claims in federal court, say attorneys at Crowell & Moring.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • How The ERISA Landscape May Shift This Year

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    Employee Retirement Income Security Act litigation shows no signs of slowing down after the past two landmark years, with courts poised to tackle key issues including the pleading standard for fee cases, the enforceability of arbitration agreements, mental health parity and more, say attorneys at Groom Law Group.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • 2021 ESG Litigation Offers Pointers For The Year Ahead

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    Corporate stakeholders' interest in environmental, social and governance matters continued to surge in 2021, leading to more lawsuits — and critical insight into how courts are handling ESG claims, as well as where ESG litigation may be headed, say attorneys at Thompson Hine.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • The New Right Of Publicity Theories Facing Retailers

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    Built on pre-internet laws designed to protect politicians and celebrities, the legal claims made in a spate of data-privacy lawsuits aimed at retailers include insufficiently detailed or conspicuous disclosure of data-sharing processes, say attorneys at Steptoe.

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