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Class Action
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March 11, 2025
Kenvue Unit Can't Nix BIPA Suit Over Neutrogena Skin360 App
A Kenvue unit can't escape a proposed class action alleging it unlawfully stores facial scans of people who use its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, after a New Jersey federal judge said those users are not "patient[s] in a healthcare setting" under the statute's healthcare exemption.
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March 11, 2025
Digimarc Faces Investor Suit Over Subscription Plunge
Digital watermarking technology company Digimarc Corp. and two of its executives face a proposed investor class action alleging that the company failed to warn investors that its recurring revenue would take a significant hit after one of its major customers had its contract expire in June.
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March 11, 2025
'Paucity' Of Proof Thwarts NC State Law Claims In Gardasil MDL
A North Carolina federal judge has found that Merck did not violate state law by not including warnings about its Human Papillomavirus vaccine Gardasil, saying there was a "paucity" of evidence that the vaccines cause certain injuries to recipients.
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March 11, 2025
Origin Brass Face Investor Suit Over Factory Delay Disclosure
Executives and directors of sustainable chemical manufacturer Origin Materials have been hit with a shareholder's derivative suit alleging that they concealed a three-year construction delay affecting a production facility the company was building that increased company costs and altered relationships with its customers, including Pepsi.
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March 11, 2025
Innodata Slams 'AI Washing' Shareholder Suit As Flimsy
Investors in data engineering company Innodata Inc. "essentially cut and pasted" claims from a short-seller's report on the company into their proposed class action accusing the company of "AI washing," despite the company's recovery from a related trading price dip, the company has argued.
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March 11, 2025
Ill. Transpo Applicant's GIPA Claim Isn't Blocked, Judge Says
A transportation service applicant can proceed with allegations that he was illegally required to divulge his family medical history during a pre-employment physical since they don't conflict with federal driver safety regulations, an Illinois federal judge has ruled.
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March 11, 2025
Fla. Court Urged To Remove Cigna Claims Processor In MDL
Cigna Healthcare on Tuesday urged a Florida federal court to remove a settlement claims processor in a long-running multidistrict litigation case involving alleged underpaid insurance reimbursements to medical providers, telling a judge that the company has misspent more than $25 million in funds meant for members of a class action within the MDL.
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March 11, 2025
Wash. Pharmacy Strikes $600k Class Deal In Data Breach Suit
An Evergreen State pharmacy has agreed to a $600,000 class deal to end a lawsuit over a 2023 cyberattack that allegedly exposed the personal information of thousands of current and former customers and employees, according to recent filings in Washington federal court.
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March 11, 2025
J&J Tells 3rd Circ. No Price Impact In Talc Concealment Suit
Johnson & Johnson urged the Third Circuit on Tuesday to undo class certification of investor claims that the company inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, arguing that the investors could not have relied upon its alleged misrepresentations because there was no impact on the stock market's price.
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March 11, 2025
NJ Residents Push To Repackage Contaminated Water Claims
Residents of National Park, New Jersey, asked a state appellate court panel for permission to revive and amend their proposed class claims over contaminated water, arguing Tuesday that the allegations are a matter for tort law, not contract law.
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March 11, 2025
Zydus Cuts Deal With States, Tribes In Opioid Nuisance Suit
Zydus Pharmaceuticals Inc. has reached a deal in principle with states and Native American tribes that should quash claims related to the company's alleged role in exasperating the opioid crisis.
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March 11, 2025
Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims
Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.
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March 11, 2025
Weapons Check Co. Sued In Del. After Hyped Reports, Probes
A shareholder of weapons screening system developer Evolv Technologies fired off a derivative suit on the company's behalf in Delaware's Court of Chancery late Monday, seeking recovery of damages arising from allegedly hyped marketing of flawed, artificial intelligence-enabled systems that failed to meet threat detection claims.
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March 11, 2025
Authors Seek Win On Meta AI Direct Infringement Claims
A group of award-winning authors urged a California federal judge to grant them a win on claims Meta directly infringed their copyrights by using databases of pirated works to train its "Llama" artificial-intelligence tool, arguing Meta infringed "massive" amounts of protected material, including books written by Supreme Court justices.
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March 11, 2025
Vegan Co. Huel Hit With Class Action Over Quality Of Protein
Vegan meal and supplement company Huel Ltd. misled consumers into thinking its protein powders were made with high-quality protein when in reality it's made with inferior ingredients that can't be digested as easily, according to a proposed class action filed in California federal court by a health-minded San Jose resident.
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March 11, 2025
Zillow Investors Urge 9th Circ. To Uphold Class Certification
A class of Zillow Group Inc. investors told the Ninth Circuit to reject the property listing company's bid to overturn the class certification of their suit accusing the company of making misleading statements about its home-flipping program and causing stock prices to drop.
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March 11, 2025
No Joke, Paramount's $11M Comic Royalty Deal Gets Prelim OK
A New York federal judge gave a preliminary approval Tuesday to a settlement agreement in a putative class action that would see Paramount Global and the entity behind Comedy Central pay $11 million to 120 comedians to resolve allegations the media companies wrongly withheld royalty payments.
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March 11, 2025
Post Hit With False Ad Suit Over Rachael Ray Brand Pet Food
Post sells celebrity chef Rachael Ray's Nutrish brand of pet foods that are falsely labeled as being "natural" with "no artificial preservatives" despite containing citric acid, which is derived from heavy chemical processing, according to a proposed class action filed in California federal court Monday.
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March 11, 2025
Dairy Farmers File Class Claims Over 'Defective' Auto-Milker
Three farming technology companies were hit with proposed class claims in Pennsylvania state court by farmers alleging they deceptively marketed a defective automatic milking system that fell below performance standards, leading to the harm or death of cows in some cases.
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March 11, 2025
Albertsons, Safeway Hit With New Spam-Text Suit In Wash.
Albertsons Companies Inc. and Safeway Inc. are facing a proposed class action filed by a Washington resident who accuses the supermarket chains of sending unsolicited text message advertisements in violation of state consumer protection laws.
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March 11, 2025
A Brief Look At Delaware's Divisive Corporate Law Bill
Delaware state Senate Bill 21, up for a Judiciary Committee vote on Wednesday, overturns some provisions of landmark state Supreme Court rulings, from Kahn v. M&F Worldwide Corp. in 2014 to In re Match Group a decade later, which call for plaintiff-friendly entire fairness review for controller transactions.
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March 11, 2025
California Entities Escape State Judge's Underpayment Suit
A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.
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March 10, 2025
Whole Foods Workers Can't Have Class Cert. In Bonus Suit
A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.
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March 10, 2025
Dynata Would 'Hopefully' Have Paid Bill, Staffing Co. Says
The CEO of a staffing company told an attorney for Dynata LLC that it has nobody to blame but itself for a class action accusing Dynata of misclassifying workers' employment status, adding during a trial in Texas state court that the company can't claim breach of contract to justify withholding $8 million to the staffing company.
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March 10, 2025
Illinois Judge Floats Sanctions In Akorn Mootness Fee Fight
An Illinois federal judge signaled Tuesday that he was open to sanctions including a mandatory violation disclosure against plaintiffs' counsel as he continues navigating a challenge to so-called mootness fees paid to settle and dismiss allegedly baseless Akorn Inc. merger disclosure suits.
Expert Analysis
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.