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Class Action
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February 14, 2025
Bed Bath & Beyond To Pay $1.95M To 2,100 For ERISA Class
Bed Bath & Beyond will pay $1.95 million to settle a proposed class action by 2,100 employees who claimed its 401(k) committee mismanaged their retirement savings plan amid growing financial problems before terminating it altogether after filing for bankruptcy, according to a preliminary approval motion Friday in New Jersey federal court.
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February 14, 2025
4th Circ. To Hear Deloitte Appeal Of SCANA Class Cert. Ruling
The Fourth Circuit has agreed to hear a case that could overturn the class status of SCANA Corp. investors accusing Deloitte of issuing misleading audit reports about the progress being made on a failed $9 billion nuclear energy project, saying it would hear arguments over whether a U.S. Supreme Court model on damages was properly applied to the class certification order.
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February 14, 2025
Chemical Co.'s Inventory Issues Led To Losses, Investor Says
Agricultural sciences company FMC Corp. has been hit with a proposed shareholder class action in Pennsylvania federal court alleging it misled investors about its high inventory levels across its global channels, causing significant losses when its issues were revealed earlier this month.
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid
The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."
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February 14, 2025
HuffPost Sends User Data To Microsoft For Ads, Reader Says
Huffington Post flouts privacy laws by selling and sharing its readers' personal information without prior consent through trackers made by Microsoft, OpenX and Connatix that are installed on their web browsers for targeted advertising and real-time digital ad auctions, alleges a proposed class action filed Thursday in California federal court.
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February 14, 2025
Judge Partly Certifies Ex-Detainee Class In Debit Card Fee Suit
A Washington federal judge has partially certified a class of former detainees suing the Central Bank of Kansas City, alleging the bank charged them debit card fees to regain access to their money after they were released.
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February 14, 2025
Solar Tech Co. SunPower Beats Investor Suit Over Defects
A California federal court has permanently dismissed an investor's suit alleging solar power equipment company SunPower concealed product defects in order to maintain artificially high share prices, saying the investor has not established SunPower knew or could have known its statements were false when made.
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February 14, 2025
CVS Wins Arbitration In Medicare Fee Antitrust Suit
An Arizona federal judge ordered four independent pharmacies to arbitrate their claims accusing CVS of exploiting a Medicare loophole to charge them exorbitant fees, saying several unconscionable provisions in an underlying arbitration clause could be severed.
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February 14, 2025
NHL, CHL Ask Court to Toss Junior Players' Antitrust Lawsuit
The National Hockey League has asked a Washington federal court to toss an antitrust lawsuit challenging a rule that dictates where junior athletes can play, arguing that most enforcement of the rule took place in Canada.
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February 14, 2025
Judge Says Class Waited Too Long For Home Depot Fee Suit
A Georgia federal judge has granted Home Depot an early win over a proposed class action alleging overcharges on tool rentals, ruling that the plaintiffs waived their claims by failing to provide written notice of disputed charges within the contract's 25-day deadline.
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February 14, 2025
Some Discovery On Hold In Abbott Infant Formula Case
An Illinois federal judge granted in part a request by Abbott Laboratories to pause a shareholder derivative suit over how it managed the 2022 infant formula crisis, allowing written discovery to go on while staying depositions until May.
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February 14, 2025
Conn. Diocese Reaches $31M Deal With Abuse Claimants
The bankrupt Roman Catholic Diocese of Norwich, Connecticut, has struck a deal to pay $31 million to sexual abuse survivors, the diocese and its unsecured creditors' committee jointly announced Friday.
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February 14, 2025
Defunct Media Co. Agrees To Resolve WARN Act Class Action
Former digital media startup The Messenger has struck a deal to end a class action alleging it failed to give hundreds of workers enough notice about its impending layoffs and shutdown, the company told a New York federal court.
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February 14, 2025
Nonprofit Not Covered For Palestine Protest Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a social justice organization against a proposed class action concerning a Chicago protest in support of Palestine, telling a New York federal court the allegations against the Westchester County foundation don't fall within its policies' scopes of coverage.
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 13, 2025
Kimberly-Clark, P&G Dodge Tampon Fraud Claims, For Now
A California federal judge on Thursday dismissed a woman's fraud claims accusing Kimberly-Clark and Procter & Gamble of touting their Tampax and Kotex tampons as safe despite containing toxic levels of lead, saying that the putative class actions she filed lacked details on tests she asserted discovered the lead.
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February 13, 2025
9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech
A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.
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February 13, 2025
9th Circ. Won't Undo Meta's $725M Privacy Suit
The Ninth Circuit on Thursday affirmed Meta Platforms Inc.'s $725 million settlement resolving privacy claims over the Cambridge Analytica data harvesting scandal, finding that the California district court conducted a full review of the deal's terms before approving it.
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February 13, 2025
UnitedHealth Can't Escape All Claims In AI Denial Suit
A Minnesota federal judge Thursday allowed Medicare Advantage patients and the estates of deceased enrollees to pursue breach of contract claims against UnitedHealth over its alleged use of AI to override physician recommendations, finding they are not preempted by the Medicare Act, but tossed others by holding they are preempted.
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February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances
Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
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February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal
Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
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February 13, 2025
Arrow Financial Investors Get Final OK For $850K Deal
Investors suing multibank holding company Arrow Financial Corp. received final approval from a New York federal judge Thursday for an $850,000 deal settling claims the company concealed defective internal controls that led to missed financial filings.
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February 13, 2025
Chancery OKs Appraisal Suit Fix For Sears Damage Ruling
A Sears Hometown Stores investor that saw its Delaware Court of Chancery share appraisal suit tanked by the company's bankruptcy in 2019 won a $4.06 per share payout ruling Thursday in a Court of Chancery decision focused on fair price and full and incremental damage claims.
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February 13, 2025
Ohio Ordered To Get Rescinded Unemployment From DOL
An Ohio court on Wednesday ordered the state government to "take all action necessary" to get its share of a COVID-19 pandemic unemployment relief program that Gov. Mike DeWine pulled it out of in 2021 and to distribute that money to qualified residents who missed out.
Expert Analysis
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early
After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.
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Del. Dispatch: 27.6% Stockholder Not A Controller
The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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Loss Causation Ruling Departs From Usual Securities Cases
A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.