Class Action

  • November 30, 2021

    Insider Testifies Capacitor Prices Fixed Over Drinks, Karaoke

    A California federal jury considering a $427 million price-fixing suit against three capacitor manufacturers heard testimony Tuesday about how workers would routinely meet for golf, karaoke and drinking after bi-annual industry meetings, schmoozing and sharing price information with competitors.

  • November 30, 2021

    Ackman SPAC Can't Lean On SEC To Beat Suit, Investor Says

    An investor challenging the legality of hedge fund titan Bill Ackman's special purpose acquisition company says the blank-check company can't keep asking the court to assume that its structure has been approved by the U.S. Securities and Exchange Commission.

  • November 30, 2021

    Starbucks Hit With Age Bias Suit Over Management Hires

    Starbucks has been slapped with an age discrimination lawsuit by a former manager who claims in his proposed class and collective action in Georgia federal court that the coffee chain systematically favors younger applicants at the expense of their older counterparts.

  • November 30, 2021

    SCANA Plant Closure Didn't Flout WARN Act, 4th Circ. Affirms

    The Fourth Circuit refused Tuesday to revive a class action claiming a South Carolina utility company violated the Worker Adjustment and Retraining Notification Act by not giving workers sufficient warning before a nuclear plant's abrupt shutdown.

  • November 30, 2021

    6th Circ. Affirms Toss Of Bridal Salon's Virus Coverage Suit

    The Sixth Circuit continued its trend on Tuesday of favoring insurers in COVID-19 business interruption suits, this time in a bridal salon's proposed class action seeking coverage of losses because of pandemic-related restrictions.

  • November 30, 2021

    T-Mobile Investor Sues Over Massive Data Breach

    A long-term T-Mobile stockholder launched a derivative suit against the telecom giant's current board of directors, alleging they misled investors about the company's protection of consumer data and failed to take substantial steps to prevent a massive data breach that occurred in August.

  • November 30, 2021

    BNY Mellon Gets Self-Dealing Class Action Trimmed

    The Bank of New York Mellon dodged two of the five remaining claims against it in a proposed class action that accuses the bank of steering high net worth clients into underperforming investments it owned or benefited from.

  • November 30, 2021

    Feds Fight 'Irrelevant' Discovery In Asylum Turnback Suit

    The federal government opposed a class of asylum-seekers' request for information they say will help clarify whether the government is complying with orders directing authorities to process some asylum claims, telling a California district court the requests are overbroad and irrelevant.

  • November 30, 2021

    Landowners Denied Class Cert. In Lease-Hoarding Claim

    Wyoming landowners who sued Anadarko Petroleum Corp., accusing it of hoarding drilling permits, have been denied class certification by a federal judge who said they had inappropriately used a reply brief to "do over" an earlier filing with new information.

  • November 30, 2021

    Behind The Scenes With Opioid Attys At Landmark Jury Trial

    Fresh off the first jury verdict in coast-to-coast opioid litigation, attorneys for victorious Ohio counties took Law360 behind the scenes to discuss misconduct that nearly derailed the landmark trial, lessons learned from conversations with jurors, and their evolving strategy for future courtroom clashes.

  • November 30, 2021

    NYC Pays $12.5M For Jail Visitor Strip Searches As Deal OK'd

    A New York federal judge has approved a $12.5 million settlement in a class action accusing city jails of strip-searching visitors without cause for years, calling the allegations "invidious and disturbing."

  • November 30, 2021

    Samsung Gets Shattered Glass Claims Sent To Arbitration

    A New Jersey magistrate judge has sent to arbitration the bulk of a proposed class action alleging Samsung Electronics America Inc. sold phones with cameras that had glass prone to shattering, saying the class members all received notice of the arbitration agreement when they purchased their phones.

  • November 30, 2021

    Donziger Case May Stretch Constitution, 2nd Circ. Panel Says

    A Second Circuit panel on Tuesday appeared open to Chevron foe Steven Donziger's argument that there are serious constitutional questions about the appointment of the special prosecutor who won a criminal contempt trial against him.

  • November 30, 2021

    Universal Health Slams 'Audacious' Fee Bid In Investor Suit

    Universal Health Services Inc. and its officers and directors have urged a Pennsylvania federal judge not to grant an "audacious" bid for $5.7 million in attorney fees for shareholders who accused the company of misleading them about an overbilling scheme, saying the plaintiffs lost the case.

  • November 30, 2021

    Eatery Urges Zurich To Cover $1.75M FLSA Suit Settlement

    Zurich American Insurance Co. must be on the hook for an employment collective action settlement after it "suddenly went silent" during negotiations and reneged on its promises to pay defense costs in the suit, a Tex-Mex restaurant chain told a Kansas federal court.

  • November 30, 2021

    Chancery Rejects Vista Equity Motion To Exit Mindbody Suit

    A Delaware chancery judge has refused to let Vista Equity Partners escape claims it aided fiduciary breaches connected with its $1.9 billion merger with Mindbody Inc., saying Vista would have known its contacts with Mindbody's founder had not been disclosed.

  • November 29, 2021

    Ex-LA Special Atty Cops To $2M Kickback For Collusive Suit

    A New York attorney, who simultaneously represented the Los Angeles Department of Water and Power and a customer suing the company over a billing debacle, agreed to plead guilty to accepting a $2 million kickback for helping facilitate a collusive lawsuit against Los Angeles, the Justice Department announced Monday.

  • November 29, 2021

    Capacitor Makers Owe $427M For Price-Fixing, Jury Told

    A California federal jury heard opening statements Monday in a sprawling antitrust suit by a certified class of about 1,800 companies alleging that three capacitor makers participated in a decadelong global conspiracy to fix prices on the electronic part, with counsel for the capacitor buyers arguing for $427 million in damages.  

  • November 29, 2021

    GM Gets Camaro Starter Defect Suit Trimmed

    A Delaware federal court trimmed some claims lodged against General Motors by a proposed class of motorists who allege the carmaker knowingly concealed defects in parts installed in recent Chevrolet Camaro models, ruling that some buyers sued too late and others failed to get repairs during the warranty period.

  • November 29, 2021

    JPMorgan Can't Get Quick OK For $60M Spoofing Deal

    A Manhattan federal judge said Monday that he needs to see more details before signing off on JPMorgan Chase's $60 million settlement with a proposed class of traders allegedly harmed by a yearslong scheme to manipulate precious metals futures contracts.

  • November 29, 2021

    Chancery Nixes New Doc Demands In McDonald's Exec Suit

    Citing court decisions that set basic principles and limits for stockholder pre-suit document demands, a Delaware vice chancellor on Monday rejected a McDonald's Corp. stockholder bid for a deeper probe into two top officers' alleged misconduct by delving into the company's books and records.

  • November 29, 2021

    Oreos Fudged Cookie Ad Ingredients, Customer Says

    The company behind the Oreo cookie and Ritz cracker brands shouldn't be advertising its Oreo Fudge Cremes as "fudge covered" because the product doesn't contain essential fudge ingredients, according to a proposed class action filed Sunday in New York federal court.

  • November 29, 2021

    Aggrieved Chinese Sellers Fight Amazon's Arbitration Bid

    A group of Chinese third-party sellers are arguing that Amazon can't force them to arbitrate their proposed class action for allegedly withholding money owed to them after their accounts were terminated, calling an underlying arbitration clause unenforceable.

  • November 29, 2021

    DirecTV Asks 8th Circ. To Keep Mo. Fee Fight In Fed. Court

    DirecTV told the Eighth Circuit on Monday that a Missouri federal court improperly remanded to state court several municipalities' suit against DirecTV and Dish Network over video fee liabilities.

  • November 29, 2021

    CBD Company Slammed With ADA Suit Over Website Access

    A proposed class of legally blind customers sued CBD products company Prospect Farms Hemp Sales LLC in New York federal court on Monday alleging that the company has violated the Americans with Disabilities Act by failing to provide an accessible website.

Expert Analysis

  • 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.

  • 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.

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