Class Action

  • August 13, 2020

    Conagra Slips Out Of Parkay Spray False Ad Suit

    A California federal judge has handed Conagra Foods Inc. a win in a suit alleging it misled customers about the fat content of its cooking spray, saying the claims are preempted by federal regulations.

  • August 13, 2020

    Daimler Strikes $1.5B US Settlement Over Diesel Emissions

    Daimler and subsidiary Mercedes-Benz said Thursday they have reached a $1.5 billion agreement in principle with U.S. authorities, including the Environmental Protection Agency and the California attorney general, to end claims they installed software in cars to cheat emissions tests.

  • August 12, 2020

    Clearview AI Can't Ditch Or Move Ill. Facial Data Suits

    An Illinois federal judge on Wednesday refused to toss or transfer proposed class actions brought by Illinois residents who claim that Clearview AI illegally scanned more than 3 billion pictures to improve its facial recognition software, rejecting the company's arguments that New York is a more convenient venue.

  • August 12, 2020

    Russia Says Apple Abusing Dominance With App Store

    Russia's antitrust enforcer has found that Apple abused its dominance by limiting the functionality of third-party parental control apps on its devices after rolling out its own pre-installed program with similar features.

  • August 12, 2020

    Instagram Users Claim Facebook Harvests Biometric Data

    Facebook, which recently agreed to pay a record $650 million to settle claims that it illegally captured face scans from its users in violation of Illinois' biometric privacy law, has been hit with a new putative class action in California Superior Court accusing it of engaging in similar conduct with respect to photos and videos posted on Instagram.

  • August 12, 2020

    Solar Power Co. Can't Dismiss Case Alleging Unlawful Texts

    Solar power company Sunrun Inc. must face a proposed class action alleging it texted potential customers without their consent, a California federal court has ruled, finding that a dispute over when the text messages were sent has not been resolved.

  • August 12, 2020

    6th Circ. Wipes Out Atty Fee Award In Vita-Mix Blender Deal

    The Sixth Circuit on Wednesday vacated a nearly $4 million attorney fees award in a class action settlement over plastic flecks in Vita-Mix Corp. blenders, finding that a lower court used the wrong billing rates to determine the award.

  • August 12, 2020

    JPML Taps NY For Textbook Publisher Antitrust Suits

    The U.S. Judicial Panel on Multidistrict Litigation has decided to consolidate nine suits accusing big-name textbook publishers of crafting a course material model that cuts out resellers, in a move likely to leave everyone involved a little unhappy.

  • August 12, 2020

    9th Circ. Judge Open To Reviving Google AdWords Fight

    A Ninth Circuit judge on Wednesday appeared open to reviving a consumer's proposed class claims that he was overcharged for ads by Google, questioning why the consumer wouldn't have standing to sue even if he sold his company that once advertised on the AdWords account.

  • August 12, 2020

    Expected Spike In Suits May Clarify WARN Act's Scope

    Millions of U.S. workers have been abruptly let go since the onset of the novel coronavirus pandemic, and while lawsuits under the WARN Act are only trickling in, there's a wave of cases on the horizon that could alter the landscape of layoff liability, experts say.

  • August 12, 2020

    No Extra For Yahoo Data Breach Deal Objector, Koh Says

    An objector to Yahoo Inc.'s $117 million data breach class action settlement won't get a piece of attorneys' fees or an incentive award because he did not help increase the size of the deal, a California federal court ruled.

  • August 12, 2020

    Resellers Say Drug Makers Erred In MDL Bellwether Claim

    A class of indirect resellers who are accusing a group of generic-drug makers of a price-fixing conspiracy in a multidistrict litigation case told a Pennsylvania federal court the drugmakers incorrectly reviewed the record before accusing the resellers of trying to avoid being among the first cases to go to trial.

  • August 12, 2020

    StubHub Owner Hit With Ticket Refund Suit Amid Pandemic

    StubHub's new parent company Viagogo Entertainment Inc. on Wednesday became the latest ticket marketplace to be hit with a proposed class action over its alleged failure to give customers refunds for events that were canceled in response to the coronavirus pandemic.

  • August 12, 2020

    Clash Of Clans Game Creator Sued Over 'Loot Box' Gambling

    A Finnish video game maker creates addictive and exploitative games that use "loot boxes" to promote gambling to children, according to a putative class action filed Tuesday in California federal court against Supercell Oy, the maker of popular mobile "freemium" games such as Clash of Clans, Clash Royale and Brawl Stars.

  • August 12, 2020

    NFL, DirecTV Say Sunday Ticket Case Not Like NCAA TV Suit

    The National Football League and DirecTV urged the U.S. Supreme Court to review a suit alleging their exclusive NFL Sunday Ticket package harms sports fans, saying an appeals panel wrongly allowed the case to proceed by citing the 1980s high court case that struck down NCAA limits on college football game broadcasts.

  • August 12, 2020

    Netflix, Hulu Don't Pay Wireline Fees, Texas City Says

    A Texas city filed a proposed class action against Netflix and Hulu on Tuesday, claiming the two streaming giants neglected to pay required municipal fees for using public broadband wireline facilities to bring their services to residents.

  • August 12, 2020

    Chipotle Investors Can't Rewrite E. Coli Suit, 2nd Circ. Says

    The Second Circuit on Wednesday sided with a Manhattan federal judge in finding that there wasn't any point in allowing investors in Chipotle Mexican Grill Inc. to rewrite their proposed securities class action claiming the company hurt investors with its alleged misrepresentations about food safety.

  • August 12, 2020

    Colgate Fights Retirees' Quick Win Bid In ERISA Class Action

    Colgate-Palmolive Co. urged a New York federal judge to deny its retirees' bid for partial summary judgment in an ERISA class action accusing the company of shortchanging them, saying the class' request amounts to more than asking the court to "formalize what it has already decided."

  • August 12, 2020

    Domino's Delivers Argument Against Ex-Worker's Appeal Bid

    Domino's Pizza has urged a Michigan federal court not to pause a suit targeting no-poach provisions in its past franchise agreements while a former employee attempts to appeal a Sixth Circuit loss to the U.S. Supreme Court, saying the lower court can't undo the appellate court order sending the case to arbitration.

  • August 12, 2020

    Calif. Cashiers Say Walmart Is Defying $65M Seating Deal

    Walmart is violating a $65 million settlement by offering "virtually no seats" to California cashiers despite promising to do so two years ago, according to a motion for sanctions filed by the workers on Tuesday.

  • August 12, 2020

    Transportation Co. Hit With BIPA Suit In Ill.

    A transportation company broke Illinois' landmark biometric privacy law when it required employees to scan their fingerprints without first getting written permission or providing required information, according to a proposed class action filed in Illinois state court.

  • August 12, 2020

    Brooklyn Federal Inmates' Virus Relief Effort Over For Now

    Counsel for inmates at Brooklyn's Metropolitan Detention Center said Wednesday they are dropping their petition claiming prison officials deliberately ignored the dangers of the coronavirus outbreak, but said they still have concerns about the 1,500-person federal facility.

  • August 12, 2020

    CareerBuilder Inks Deal With Ex-Worker In 401(k) Fee Suit

    CareerBuilder has settled with an ex-employee who accused the company of allowing its 401(k) plan to pay excessive record-keeping fees, about a month after an Illinois federal judge tossed the worker's proposed ERISA class action while giving him the chance to try again.

  • August 12, 2020

    JPML Won't Centralize All COVID-19 Insurance Cases

    The Judicial Panel on Multidistrict Litigation rejected Wednesday two petitions to centralize hundreds of cases filed by businesses seeking insurance coverage for losses during the COVID-19 pandemic, but indicated that centralization could still be appropriate for cases against four insurers.

  • August 12, 2020

    Mo. Restaurants Can Pursue COVID-19 Coverage Suit

    In an apparent first, a Missouri federal judge allowed a group of hair salons and restaurants to proceed with a proposed class action claiming Cincinnati Insurance Co. wrongfully refused to cover their losses during COVID-19 shutdowns, holding Wednesday that the businesses adequately alleged they suffered a covered "direct physical loss."

Expert Analysis

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Opinion

    Courts Are Right To Scrutinize Food Labeling Suits

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    While putative class action filings against the food and beverage industry over often baseless allegations around food labeling persist during the COVID-19 pandemic, it is fortunate that judges are dismissing many of these cases based on a lack of any plausible theory of deception, say attorneys at Perkins Coie.

  • 3 Cases Spotlight Shareholder Interest In Public Co. Diversity

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    Recent derivative claims filed in a California federal court over diversity and inclusion shortcomings at Oracle, Facebook and Qualcomm demonstrate shareholder willingness to hold directors and officers accountable for public companies' failure to deliver on environmental, social and governance commitments, say attorneys at Cleary.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Market Rebound May Curb Securities Class Actions, Damages

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    The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Opinion

    Recent Decisions Helpfully Narrow TCPA Scope

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    A New York federal court's recent Telephone Consumer Protection Act decision in Gerrard v. Acara Solutions adds to a growing line of cases holding that phone calls or text messages related to offers of employment may not be directly subject to the harsher provisions of the TCPA, says Myriah Jaworski at Beckage.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • Opinion

    JPML Hearing Shows Why Virus Insurance MDL Won't Work

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    On Thursday, some policyholders asked the Judicial Panel on Multidistrict Litigation for a single judge to oversee hundreds of federally filed COVID-19 business interruption claims, but their arguments for consolidation actually demonstrated that the differences between the cases far outweigh their similarities, says Adam Fleischer at BatesCarey.

  • High Court TCPA Case May Curb Robocall Class Actions

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    The U.S. Supreme Court recently granted certiorari in a Telephone Consumer Protection Act case, Facebook v. Duguid, that has the potential to transform the statutory definition of autodialer and make it much more difficult for plaintiffs to prevail in robocall cases, says David Poell at Sheppard Mullin.

  • What Split On Standing Means For Fla. Consumer Claims

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    Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

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