Class Action

  • January 25, 2022

    Retiree Says Northrop Pension Cut Forced 2 More Work Years

    The lead plaintiff in a class of roughly 2,000 workers in an Employee Retirement Income Security Act suit accusing Northrop Grumman of wrongly slashing their pensions testified on the opening day of a California trial Tuesday that he worked two extra years before retiring because his benefits were gutted.

  • January 25, 2022

    'Key & Peele' Streaming Royalties Suit Dropped Against WGA

    A former "Key and Peele" showrunner withdrew his proposed class action Tuesday alleging the Writers Guild of America West and Viacom subsidiaries did not pay writers royalties for shows on streaming platforms, following a California federal judge's order denying him class certification in December.

  • January 25, 2022

    Two Investor Settlements From 2021 Crack Top 100 List

    Robbins Geller, Kessler Topaz, Bottini & Bottini and Block & Leviton led the two investor class action settlements from 2021 that broke into the top 100 largest such settlements of all time, according to a report released Tuesday.

  • January 25, 2022

    Annie's Beats 'Slack Fill' Suit Over Bunny Fruit Snacks

    Organic-food maker Annie's Inc. beat a proposed class action in New York federal court alleging that it deceived customers by leaving unnecessary empty space — so-called slack fill — in oversized boxes of tropical-flavored bunny-shaped fruit snacks, ruling that the plaintiff wasn't harmed.

  • January 25, 2022

    Google Gets Partial Win In Mobile App Privacy Case

    A California federal judge on Tuesday threw out several claims from a proposed class action alleging that Google monitored mobile app users' browsing history in secret, finding that a promise to stop collecting user data does not amount to a contract.

  • January 25, 2022

    Ideanomics To Pay $5M To End Investors' Securities Suit

    Ideanomics will pay $5 million to a class of investors who accused the financial technology company of exaggerating revenue reports, after a New York federal judge gave final approval to the settlement deal on Tuesday.

  • January 25, 2022

    Workers Say Fluor's Mismanaged 401(k) Cost Them Millions

    A pair of former Fluor Corp. employees slapped the company with a proposed class action in Texas federal court claiming shoddy investment options and excessive administrative expenses cost workers millions in retirement savings.

  • January 25, 2022

    Zetia Buyers Should Be Denied Class Cert., Court Told

    A Virginia federal judge has said dozens of direct buyers of cholesterol drug Zetia should not receive class certification in multidistrict litigation against Merck and Glenmark over a purported scheme to delay a generic version of the product.

  • January 25, 2022

    Questions Linger After High Court Revives Northwestern Suit

    Plaintiff-side ERISA attorneys notched a win Monday with the U.S. Supreme Court's decision to revive a proposed class action challenging Northwestern University's handling of its retirement plan, but the unanimous ruling leaves open questions that have attorneys on both sides of the bar wanting more.  

  • January 25, 2022

    $11M Deal With Chicken Buyers Gets Final OK

    An Illinois federal judge granted final approval Tuesday to a nearly $8 million deal with Mar-Jac Poultry and a $3.3 million deal with Harrison Poultry to resolve claims that the companies engaged in a years-long scheme to fix chicken prices.

  • January 25, 2022

    Fla. Hospital Chain Must Face Part Of Antitrust Lawsuit

    A federal judge on Tuesday revived patients' claims that a Florida hospital chain divvied up local markets with another health provider, but nixed a challenge to the chain's agreement to sell stock and transfer board seats to the rival company.

  • January 25, 2022

    'Star Trek' Game Maker Wins Bid To Arbitrate Fraud Suit

    The player of an interactive "Star Trek" game must arbitrate his fraud claims against entertainment company Scopely Inc. because the record showed he agreed to the terms of service, a New Jersey federal judge ruled Tuesday.

  • January 25, 2022

    Rhode Island Inks $91M Opioid Deal With Distributors

    A trio of drug distributors will pony up almost $91 million to settle allegations from Rhode Island that they helped fuel the opioid crisis, according to a Tuesday announcement from Ocean State officials.

  • January 25, 2022

    Ex-NFLers, Wives Back Race-Norming Deal, But With Caveats

    A group of roughly 75 former NFL players and spouses joined a letter urging the federal judge overseeing the NFL concussion settlement to approve an agreement to end the controversial use of race-norming to assess settlement payouts, while saying many players felt "burned" by the issue and that "deep concerns remain."

  • January 25, 2022

    COVID App Developer Wants Apple, Gibson Dunn Sanctioned

    An app developer is asking a California federal court to impose sanctions on Apple Inc. and Gibson Dunn & Crutcher LLP for their conduct in a now-dismissed lawsuit that accused Apple of blocking COVID-tracking apps from its App Store in anticipation of putting out a competing app.

  • January 25, 2022

    Rite Aid Investors, Walgreens Ask To Slim Or Toss Merger Suit

    Rite Aid investors and executives at Walgreens Boots Alliance Inc. both think enough facts are on their side to toss out or narrow a lawsuit over whether the executives' claims about the likelihood of an ultimately unsuccessful merger between the pharmacy giants artificially inflated Rite Aid stock.

  • January 25, 2022

    $7.5M Settlement Proposed In Spectra-Enbridge Merger Suit

    Former public unitholders of Spectra Energy Partners LP have agreed to a $7.5 million settlement of a $28 million merger payment share dispute revived by the Delaware Supreme Court last year.

  • January 25, 2022

    Texas Bar Claims Immunity From Membership Fee Suit

    The State Bar of Texas moved to dismiss a proposed class action lawsuit Monday, arguing that its position as a state agency prohibits attorneys from suing it to claw back membership fees.

  • January 25, 2022

    Toshiba Investors Want 9th Circ. To Save Class Action Again

    Toshiba Corp. investors who had securities claims revived by the Ninth Circuit in 2018 are now asking the appellate court to step in again after losing their bid for class certification earlier this month.

  • January 25, 2022

    Sheet Buyer Class Certified In Macy's Thread-Count Suit

    An Ohio federal judge has certified a class of buyers alleging that Macy's Stores West Inc. misleads customers on the thread count of its cotton-polyester bedsheets, saying there were enough common issues in the case to support certification.

  • January 25, 2022

    NCAA Can't Get 2nd Shot To Toss 'Employee' Suit, Court Told

    College athletes seeking minimum wage in a potential landmark putative collective action urged a federal judge on Monday to reject the NCAA's "unorthodox" and "extraordinary" bid to get the case tossed after its request for a rapid-fire appeal was denied.

  • January 25, 2022

    Walmart Fails To Trim Night Managers' Overtime Suit

    A New Jersey federal judge denied Walmart's request for partial summary judgment in a suit claiming the retail giant misclassified night managers as exempt from overtime pay, ruling that the company's defenses don't add up to the facts presented in the case.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Smashburger Worker Can Amend Wage Suit, Judge Says

    A New York federal judge has given a Smashburger worker a chance to amend his proposed class action claiming the hamburger chain illegally paid workers biweekly instead of weekly, giving him a chance to better plead the claim.

  • January 24, 2022

    Groupon Investor Says Director Lies Led To Securities Suit

    A Groupon stockholder launched a derivative shareholder suit in Delaware Chancery Court Monday, claiming the e-commerce company's officers and directors misrepresented its performance and growth prospects, leading to a plunge in stock value and a federal securities class action.

Expert Analysis

  • New 9th Circ. Rulings May Restrict McGill Rule's Scope

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    Attorneys at Buckley explore the McGill rule on arbitrability in light of the Ninth Circuit's recent decisions in Hodges v. Comcast and Cottrell v. AT&T, and explain how the court's approach might limit the rule's application going forward.

  • Investor Class Cert. Win Offers Post-Goldman Insight

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    A New York federal judge recently certified a class of investors in the decadelong Goldman Sachs Securities Litigation, providing an early look at how trial courts may interpret the U.S. Supreme Court's June ruling in the case that clarified class certification standards for securities fraud actions, say John Browne and Adam Hollander at Bernstein Litowitz.

  • 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.

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