Class Action

  • January 18, 2022

    Sheraton Niagara Falls Hotel Hit With Wage-And-Tip Suit

    Two former hourly Sheraton Niagara Falls hotel workers have filed a proposed class action against the hospitality venue in western New York federal court, claiming that the companies that control the hotel failed to pay them the appropriate minimum wage or tip them properly.

  • January 18, 2022

    Apple Investors Near Certification In IPhone Sales Dispute

    A California federal judge on Tuesday appeared open to certifying a class of Apple common-stock holders who allege that the tech giant made misleading statements about iPhone sales, but questioned whether she could certify a subclass of options traders, who she noted aren't purely driven by market conditions.

  • January 18, 2022

    Apple Says 'Serial' Litigant's Florida Suit Belongs In California

    Apple has urged a Florida federal judge to move an antitrust suit over its App Store to northern California, where a district court has already tossed what the tech giant says are similar claims from a "serial" litigant who wants to end-run the previous ruling.

  • January 18, 2022

    Sutter Calls Class' Bid For Chief Judge Intervention 'Improper'

    Sutter Health said Monday that it was "improper" for a class of insurance buyers to ask the chief judge of the Northern District of California to confer with a magistrate judge about whether, after a decade of litigation over the health system's allegedly anti-competitive practices, a trial should proceed soon.

  • January 18, 2022

    Firms Reduce Fee Bid In Virus Suit After Rutgers Challenge

    Three law firms have scaled back their counsel fee request to $950,000 after Rutgers University said their initial bid for about $1.6 million would take too much money out of a proposed $5 million class action settlement over the closure of school facilities due to the coronavirus outbreak.

  • January 18, 2022

    Tribe Says Its Opioid Suit Was Not Harmed By Dropped Claim

    The Cherokee Nation's negligence and conspiracy claims against Walmart, Walgreens and CVS pharmacies over their role in the opioid crisis should proceed even though it dropped public nuisance claims, the tribe told an Oklahoma federal judge overseeing a bellwether case in multidistrict litigation. 

  • January 18, 2022

    Charter Forces Most Cable 'Bait-And-Switch' Claims Into Arb.

    All but one of the named plaintiffs in a proposed class action against Charter Communications Inc. will have to arbitrate their claims that the company tricked them with a "bait-and-switch scheme" that sold them on Spectrum cable TV service that had hidden fees, a Connecticut federal court has ruled.

  • January 18, 2022

    Musk Attys Call $13B SolarCity Merger Damages Preposterous

    In a proposal dubbed "preposterous" by the other side, Tesla stockholder attorneys suggested a $13 billion stock giveback Tuesday as one remedy in a suit challenging Tesla CEO Elon Musk's allegedly conflicted role in the electric car company's 2016 acquisition of rooftop solar panel venture SolarCity. The suggestion came during post-trial merger challenge arguments in Delaware's Chancery Court.

  • January 18, 2022

    Investors Sue Pawnshop Co. After CFPB Enforcement Action

    Pawnshop company FirstCash Holdings Inc. and two of its executives face investor claims that they hurt shareholders after the CFPB accused the company of violating federal laws protecting military members and their families from unfair lending practices.

  • January 18, 2022

    Google Play Antitrust Cases Set For January 2023 Trial

    Google and parties suing it for allegedly monopolizing its Android Play Store have agreed to a January 2023 trial, according to a joint statement filed by the parties on Friday in California federal court on the multidistrict litigation.

  • January 18, 2022

    Facebook's Bid To Kill Data Suit Gets Judge's Thumbs Down

    A California federal judge has largely denied Facebook's effort to kill an antitrust suit from consumers and advertisers accusing the tech giant of monopolizing social media, but tossed claims over the company's alleged "copy, acquire, kill" strategy.

  • January 18, 2022

    Car Battery Maker QuantumScape Must Face Shareholder Suit

    A California federal judge has told vehicle battery maker QuantumScape that it must face nearly all the securities class action claims made by investors, who say published articles revealed the company made false statements about the quality of its batteries and the tests it used to measure performance.

  • January 18, 2022

    Teva Reaches $420M Deal To End Investors' Price-Fixing Suit

    Teva Pharmaceutical Industries Ltd. has agreed to pay $420 million to resolve an investor class action accusing the pharmaceutical giant of being at the center of an industrywide price-fixing scheme.

  • January 18, 2022

    ICE Inks End To ACLU Illegal Contractor Arrest Claims

    The American Civil Liberties Union and U.S. Immigration and Customs Enforcement reached a deal ending putative class action claims that the agency illegally leaned on private contractors to make arrests at jails and detention centers, contravening federal immigration law.

  • January 18, 2022

    Sirius Wins Bid To Arbitrate False Advertising Claims In NJ

    Sirius XM Holdings Inc. defeated a proposed class action over a purported false advertising scheme after a New Jersey state appeals court concluded Tuesday that a longtime subscriber agreed to arbitrate such claims on an individual basis by using its satellite radio services after receiving a customer agreement.

  • January 18, 2022

    Chancery Judge Says Tesla CEO's Pay Docs Can Stay Sealed

    A Delaware Chancery Court vice chancellor denied a third party's bid to unredact documents at issue in a derivative shareholder lawsuit over Tesla CEO Elon Musk's pay package, finding Musk and Tesla board members had demonstrated good cause to keep the information private.

  • January 18, 2022

    USW Workers Want Class Cert. In Benefits Termination Suit

    A group of retired United Steelworkers members asked an Indiana federal judge to certify a class in their lawsuit claiming their former employer, a Pittsburgh aluminum manufacturer, illegally terminated their life insurance.

  • January 14, 2022

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its 2021 Practice Groups of the Year awards, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 14, 2022

    The Firms That Dominated In 2021

    Nine law firms have earned spots as Law360's Firms of the Year, with 52 Practice Group of the Year awards among them, having steered complex deals and won high-profile victories including at the U.S. Supreme Court.

  • January 14, 2022

    Judge Sets Early Mediation For Surfside Collapse Defendants

    A week after reluctantly agreeing to push back the trial date in the proposed class action brought by victims of the June collapse of a Surfside, Florida, condominium tower, a state judge took steps Friday to encourage an earlier resolution by setting mediation deadlines for the various defendants.

  • January 14, 2022

    Broadridge Unit Ignored Discovery Order, Energy Co. Says

    A subsidiary of financial technology company Broadridge Financial Solutions is violating court-ordered discovery and federal law by refusing to disclose information related to the fees it collected while handling retirement assets, a proposed class told a Texas federal court.

  • January 14, 2022

    J&J, New Mexico Ink $44M Opioid Settlement

    Johnson & Johnson on Friday said it will pay New Mexico $44 million to settle claims that it and its subsidiary Janssen Pharmaceuticals fanned the flames of the opioid crisis in the state.

  • January 14, 2022

    Passengers Urge 11th Circ. To Revive Airline 'Exit Fee' Suit

    Two airline passengers appeared to gain traction Friday on convincing the Eleventh Circuit to revive their proposed class action claiming a Venezuelan airline breached ticket contracts by imposing a surprise "exit fee" before allowing them to depart Miami, despite last-minute debate whether the court could even consider the case.

  • January 14, 2022

    Farming Co. Says John Deere Is Monopolizing Repair Market

    John Deere has monopolized the market for repair and maintenance services of its agricultural equipment, preventing independent shops and farmers from accessing vital tools and software needed to repair newer generations of its machinery, according to a proposed class action in Illinois federal court.

  • January 14, 2022

    2nd Set Of Juul Buyers Sent To Arbitration

    A California federal court sent a pair of e-cigarette buyers to arbitration on Friday, making them the second set of potential class representatives forced to settle antitrust claims against Juul and former competitor Altria out of court.

Expert Analysis

  • ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

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    An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Opinion

    Arbitration's Supposed Benefits Don't Measure Up

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    Arbitration is a sham, not because it is worthless, but because most of its benefits can be obtained in litigation, and other benefits that lack a parallel in litigation do not incur mutually to the parties, says Paul Stephan at Cohen Milstein.

  • Shareholder Ruling Resolves Dual-Natured Claim Uncertainty

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    The recent Delaware ruling in Brookfield v. Rosson, which eliminates the ambiguity surrounding so-called dual-natured direct and derivative claims, eases 15 years of tension around the doctrine and clears a path for corporate deal makers, say attorneys at MoFo.

  • Boeing Case Highlights Risk For Health, Life Sciences Boards

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    The Delaware Chancery Court's recent decision to allow a derivative action against Boeing's board of directors is especially relevant to health and life sciences company directors, who should ensure that they have the right structure, processes and people to oversee mission-critical risks, say Paul Kalb and Holly Gregory at Sidley.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

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    In Tims v. Black Horse Carriers, an Illinois state appeals court held that certain claims under the Illinois Biometric Information Privacy Act are subject to a one-year statute of limitations only, which may reduce commercial general liability insurers’ exposure to litigation under this act for several reasons, say attorneys at Kennedys.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • 'McMorris Factors' Create Obstacles For Data Breach Plaintiffs

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    The factors for evaluating standing in the context of data breach allegations set forth by the Second Circuit in McMorris v. Carlos Lopez & Associates earlier this year may be difficult, if not impossible, for plaintiffs to satisfy, but the standard varies from circuit to circuit, say David Topol and Pamela Signorello at Wiley.

  • Unclear Cyber Guidance May Lead To ERISA Case Spike

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    As cyberattacks on retirement plans increase, Employee Retirement Income Security Act lawsuits could also spike, especially because case law and guidance from the U.S. Department of Labor lack clarity on the causation standard for ERISA claims involving lost assets due to online security breaches, says Joshua Gmerek at Hodgson Russ.

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