Class Action

  • January 24, 2022

    Illinois Judge Gives Final OK To $877K BIPA Deal

    An Illinois federal judge gave the final signoff Monday to a roughly $877,000 settlement resolving claims that a food manufacturer violated the state's biometric privacy law when it required workers to use a fingerprint-based timekeeping system without first getting their written permission and making mandated disclosures.

  • January 24, 2022

    Chicago Parking Co. Beats Antitrust Suit Over $1B Meter Deal

    An investment entity led by Morgan Stanley & Co. is immune from proposed class claims that the company violated anti-competition laws by entering a controversial $1 billion deal for operating control of Chicago's on-street metered parking system, an Illinois federal judge said Monday.

  • January 24, 2022

    Southern Co. To Enact Reforms To Settle Suit, Investors Say

    Energy giant Southern Co. has agreed to institute a number of corporate governance reforms to settle an investor suit over claims that its top brass made misstatements tied to a planned "clean coal" facility that missed its completion deadline and soared past its budget, according to a memo filed in Georgia federal court.

  • January 24, 2022

    Inovio Fights Investor Class Cert. In COVID-19 Vaccine Suit

    Biotechnology firm Inovio Pharmaceuticals Inc. and a cohort of company executives doubled down on their arguments to a Pennsylvania federal court Friday and urged against class certification for investors bringing claims over the executives' statements on a coronavirus vaccine.

  • January 24, 2022

    Judge Says Pot's Illegality Forces Him To Gut Investors' Suit

    A Colorado federal magistrate judge on Monday dismissed with prejudice a large portion of the claims against a cannabis company and its principal in a suit brought by investors who alleged that the principal employed a "shell game" to siphon assets from the business, stating that he cannot grant relief or remedy for an alleged scheme involving a federally illegal business. 

  • January 24, 2022

    VW AG Beats Defective Braking Suit, But Audi Stalls In Court

    A California federal judge has freed Volkswagen AG from claims that it sold cars with defective automatic emergency braking systems, while ruling that drivers had laid out fraud claims against Volkswagen Group of America and Audi AG sufficient to proceed with their putative class action.

  • January 24, 2022

    Engineering Co. Agrees To $1.9M Deal To End ERISA Suit

    Workers and retirees who accused a construction engineering company of mismanaging their 401(k) plan told a Texas federal court that they had struck a $1.88 million deal to end the case.

  • January 24, 2022

    Rough Sailing Ahead For 'Titanic' Actress' SAG-AFTRA Suit

    A California federal judge said Monday she is likely to dismiss some or all of a proposed class action brought by a "Titanic" actress against SAG-AFTRA, but indicated the plaintiff will likely be allowed to amend the complaint and try again with allegations union members were misled before agreeing to contracts that slashed retiree benefits. 

  • January 24, 2022

    Universal Health Says Chancery Class Suit Makes 'No Sense'

    Attorneys for health care giant Universal Health Services Inc. told a Delaware vice chancellor on Monday that stockholders made "absolutely no sense" in their suit accusing board members of abusing their discretion in approving millions in stock options as the pandemic was hammering markets and stocks in March 2020.

  • January 24, 2022

    Insurers Can Depose Claimant Attys In Boy Scouts Ch. 11

    Insurers of the bankrupt Boy Scouts of America can move forward this week with depositions of claimant attorneys about the genesis of thousands of attorney-signed proofs of claim after a Delaware bankruptcy judge said Monday she would have to deal with privilege issues case by case.

  • January 24, 2022

    Five Guys' $1.2M Wage Deal 'Disservice' To Class, Judge Says

    A California federal judge on Monday rejected a $1.2 million deal to settle more than 3,600 workers' wage and credit reporting claims against burger chain Five Guys, saying the fourth proposal to end the putative class action does not show "clear signs of collusion" between the parties but appears to be a "disservice" to the proposed class.

  • January 24, 2022

    BofA Customer Seeks Class Cert. In Botched Bankruptcy Suit

    A customer of Bank of America NA asked a California federal judge Friday to certify as a class the hundreds of customers the bank allegedly incorrectly reported as debtors to credit agencies, which harmed their credit ratings.

  • January 24, 2022

    Pharma Cos. Get Bystolic Generic Delay Claims Tossed

    A New York federal judge dismissed claims brought against AbbVie and other pharmaceutical firms by direct purchasers including Walgreens and CVS as well as claims brought by end payers who accused the drugmakers of conspiring to keep generic forms of the blockbuster hypertension drug Bystolic off the market.

  • January 24, 2022

    Navy SEALs Seek To Make Vax Challenge A Class Action

    A group of U.S. Navy service members on Monday filed an amended complaint seeking to turn a Texas federal lawsuit challenging the U.S. Department of Defense's COVID-19 vaccine mandate into a class action, while the government requested a stay of the court's freeze on the requirement as it's appealed.

  • January 24, 2022

    BofA Overdraft Fees Deal Nets Class Counsel $25M

    A North Carolina federal judge has granted final approval to a $75 million settlement between Bank of America and a class of customers while also authorizing a $25 million award for the lead attorneys who litigated the class' claims that the bank improperly charged overdraft and other fees to customers whose accounts were empty.

  • January 24, 2022

    Debt Collection Fraud Suit Over, Judge Says No Harm Done

    A New Jersey state court judge has scrapped a fraud lawsuit accusing Midland Funding LLC of unlawfully acquiring defaulted credit card accounts, reasoning that the suing consumer didn't show how she was harmed, according to a decision made public on Monday.

  • January 24, 2022

    3rd Circ. Orders Pa. School District To Keep Mask Mandate

    The Third Circuit ordered a Pittsburgh-area school district to temporarily keep its mask mandate in place Sunday pending a challenge from parents who say making masks optional puts medically fragile students at risk.

  • January 24, 2022

    The Leaderboard: Tracking A Firm's Litigation Footprint

    Follow a firm’s litigation footprint in federal district courts across the country with our interactive chart.

  • January 24, 2022

    COVID Fuels Top Firms' Priorities In 2022

    As firms set their goals for 2022, it seems that the COVID-19 pandemic is once again embedded in where the legal industry is going next. Here are three key priorities for firms as they move into yet another year shaped by COVID-19.

  • January 24, 2022

    High Court Revives Northwestern Workers' ERISA Suit

    The U.S. Supreme Court revived a proposed class action Monday from Northwestern University workers who accused the school of violating federal law by saddling their retirement plan with high fees and poor investments, saying the fact that workers could choose their investments didn't bar their suit.  

  • January 21, 2022

    GrafTech Investor Loses Del. Suit Over $250M Share Buyback

    The Delaware Chancery Court tossed a GrafTech International Ltd. stockholder's lawsuit Friday that sought to disgorge $250 million gained in an allegedly conflicted, insider-controlled share repurchase and block trade, finding that the majority of GrafTech's board members weren't conflicted, and that a stockholder demand should have been lobbed before suing in court.

  • January 21, 2022

    EFinancial Seizes On TCPA Safe Harbor To Shake Calling Suit

    A Washington federal judge has freed eFinancial from a putative class action over allegedly unlawful telemarketing calls after finding that the company had implemented policies that qualified it for a liability shield available under the Telephone Consumer Protection Act, handing companies a promising new path to defeat increasingly popular Do Not Call Registry claims.

  • January 21, 2022

    Most Claims Tossed In Del. Suit Targeting DBM Global Control

    Most claims in a suit accusing DBM Global Inc. directors and its controlling stockholder of using the company as a closely held "piggy bank" were dismissed Friday in a Delaware Chancery Court ruling that kept alive two counts against controller Innovate Corp. and one director.

  • January 21, 2022

    Ex-Surfside Building Official Can't Duck Deposition

    The Florida judge overseeing the litigation over the collapse of Surfside's Champlain Towers South condominium building denied a request Friday by the town's former building inspector for a protective order, requiring him to show up for a deposition requested by victims of the collapse.

  • January 21, 2022

    Punitive Damages Give Cancer Survivor $10M Win Over RJR

    A bladder cancer survivor won $5 million in punitive damages against R.J. Reynolds on Friday, a day after a Florida state jury awarded the former cigarette smoker just over $5 million for injuries it found he suffered as a result of the tobacco giant concealing the dangers of smoking and causing his illness.

Expert Analysis

  • 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.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

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