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Class Action
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October 10, 2024
Ohio Seeks To Halt Depositions In FirstEnergy Investor Suit
The state of Ohio wants to halt certain depositions and other discovery in a securities suit stemming from the FirstEnergy bribery scandal, saying it could interfere with criminal charges against two of the utility company's former executives, according to an intervenor motion filed Thursday.
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October 10, 2024
Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight
A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.
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October 10, 2024
3M, Other Cos. Hit With PFAS Contamination Class Action
Nantucket, Massachusetts, residents seek to hold the 3M Co., The Chemours Co. and other companies liable for perfluoroalkyl and polyfluoroalkyl substances that allegedly contaminated their properties, their drinking water and the residents themselves.
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October 10, 2024
Chancery OKs $125M Deal, Fees In Discovery Merger Suit
Declaring it "a great settlement," a Delaware vice chancellor approved on Thursday a near chart-topping, $125 million deal to end stockholder challenges to Discovery Inc.'s $43 billion merger with AT&T in 2022, an amount eclipsed only by a $148.2 million pretrial deal in a 2016 case.
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October 10, 2024
Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says
The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.
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October 10, 2024
Suits Over JPMorgan Cash Sweeps Program Merged In NY
A New York federal judge has combined two proposed class actions accusing JPMorgan Chase of underpaying interest on customers' cash sweep accounts, a claim multiple banking giants are currently facing in consumer and regulatory actions.
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October 10, 2024
Target Made Inflated Claims About Gas Pills, Shoppers Allege
Target customers hit the retailer with a putative class action lawsuit in New York federal court Wednesday alleging its line of Up & Up gas relief pills is not "maximum strength" as the label contends, and other similar medications have higher concentrations of key ingredients.
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October 10, 2024
Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd
A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.
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October 10, 2024
SeaWorld Wraps Up Suit Over COVID Severance Pay
SeaWorld has inked settlements with two employees to resolve a California federal court suit claiming the business ignored its policies by failing to pay employees severance when they were furloughed during the COVID-19 pandemic.
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October 10, 2024
Teva To Pay $450M To Settle Kickback Cases
Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.
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October 10, 2024
Gunster Reaches Deal In One Of Two Data Breach Actions
Gunster has struck a settlement agreement in one of the two proposed class actions it faces in Florida federal court over a 2022 data breach, while the plaintiffs in the second case urged the court the same day to reject the law firm's dismissal bid in their suit.
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October 10, 2024
Ivy League Athletes Whiff On Scholarship Antitrust Suit
A Connecticut federal judge on Wednesday snuffed out a proposed antitrust class action from college athletes challenging the Ivy League's longstanding ban on athletic scholarships, ruling the complaint did not identify a specific market harmed by the policy.
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October 10, 2024
Quinn Emanuel Adds Of Counsel Atty, 6 Associates In Miami
Quinn Emanuel Urquhart & Sullivan LLP's 3-year-old Miami office has just surpassed the 20-lawyer mark with the addition of seven attorneys in the past two months.
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October 09, 2024
Team Of 3 Firms Seeks To Lead UBS Cash Sweep Case
Two UBS customers suing the investment bank on allegations of shortchanging them with low-yielding cash sweep accounts moved Tuesday to consolidate their proposed class actions in New York federal court and install three firms at the helm.
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October 09, 2024
Uber Can't Claw Back Safety Update Doc In Sex Assault MDL
A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.
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October 09, 2024
Atty, Claims Firm Barred From Soliciting Foreclosure Class
A Michigan law firm and a third-party claims firm agreed Wednesday not to solicit potential members to an action alleging Michigan counties kept profits from foreclosures of tax-delinquent properties, following a meeting with class attorneys who had urged a judge to bar them from attempting to poach class members.
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October 09, 2024
Judge OKs $9M Data Hack Deal, Asks How Public Views Fees
A Washington federal judge on Wednesday approved an $8.8 million settlement that ended a consolidated data breach class action against a Hearst Health unit, but not before pondering how the public might perceive the deal, in which one-third of the money is going toward legal costs.
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October 09, 2024
Ohio Worker Says Health Co. Doesn't Pay OT Or Promised Wages
An Ohio healthcare worker has accused provider CareStar Inc. of unlawfully denying her and a proposed class of current and former employees overtime pay and failing to fork over supplemental pay the company promised her.
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October 09, 2024
9th Circ. Doubts 'Weak' Jeep Transmission Defect Suit
A Ninth Circuit panel appeared skeptical Wednesday about reviving a putative class action over alleged defects in the automatic transmission systems of some Jeep and Dodge car models, with one appellate judge saying the plaintiff has "a weak case."
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October 09, 2024
Settlement Approved For DACA Loan Discrimination Suit
A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.
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October 09, 2024
Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files
Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.
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October 09, 2024
NY Mets Parent Co. Accused Of Selling Biometric Data For Profit
Sterling Mets LP — the owner of the New York Mets baseball franchise — has been hit with a proposed class action alleging that it illegally shares biometric identifier information from Citi Field's visitors for a profit.
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October 09, 2024
Thomson Reuters Gets Initial OK On $27.5M Privacy Suit Deal
A San Francisco federal judge Wednesday preliminarily approved Thomson Reuters' $27.5 million deal to settle a certified class action alleging that the information conglomerate violated the privacy rights of 40 million Californians by secretly collecting their data to sell "cradle-to-grave dossiers."
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October 09, 2024
Philips Preserves Lanham Act Counterclaim In CPAP Cleaner MDL
A Pennsylvania federal judge has trimmed some counterclaims by Koninklijke Philips NV and its American affiliates against SoClean Inc., whose cleaning products they say are responsible for damage to Philips' CPAP machines.
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October 09, 2024
Electronics Co. Hid Auto Segment Slump, Investor Claims
Electronic equipment manufacturing company Methode Electronics has been hit with a proposed class action alleging it concealed the full extent of sagging sales in its automotive division, in which General Motors was a top client.
Expert Analysis
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Courts' Differing Views On Standing Affect PFAS Claims
Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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Why Calif. Courts Are Split On ERISA Forfeited Contributions
A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.