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Class Action
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August 01, 2024
$9M White Castle Fingerprint BIPA Deal Clears Final Approval
An Illinois federal judge gave his final sign-off Thursday to a $9.39 million settlement between White Castle and a group of employees who claimed the fast-food chain violated their biometric privacy, ending a case that resulted in the state supreme court's landmark ruling on privacy claims.
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August 01, 2024
Rock Music Fans Pull Class Suit Over Collapsed Festival
Ticket buyers who claimed they were ripped off when a three-day rock and metal music festival in Connecticut was suddenly shortened and moved to a new venue have withdrawn a proposed class action from federal court, days after the judge questioned whether he could hear the case.
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August 01, 2024
RTX Didn't Tell Jobseekers Of Lie Detector Ban, Suit Says
Raytheon Technologies Corp., now RTX Corporation, failed to advise job applicants that Massachusetts bans the use of lie detector tests in hiring decisions, as required by a nearly 40-year-old law, a proposed class action filed in state court alleges.
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August 01, 2024
Calif. Justices Block Drivers From Intervening In PAGA Deal
The California Supreme Court ruled Thursday that ride-hail drivers bringing claims under the state's Private Attorneys General Act lack standing to intervene in a separate case that reached a settlement.
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July 31, 2024
AT&T Faces New Data Breach Class Action By Non-Customers
AT&T, already facing litigation over a data breach it admitted to in mid-July, was hit Tuesday with another putative class action in Texas federal court, this time by two individuals who alleged the telecom giant disregarded the breach's impact on customers of other companies using AT&T's network.
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July 31, 2024
Nonprofits' Challenge To Texas' Migrant Transit Law Revived
A Texas federal judge revived a claim from several nonprofits that sought to challenge a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, finding that the court has jurisdiction over the nonprofits' supremacy clause claim.
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July 31, 2024
UFC Fighters' $335M Wage Deal Rejected Amid Scrutiny
A Nevada federal court has rejected a $335 million deal that would end claims from mixed martial arts fighters accusing Ultimate Fighting Championship of suppressing their wages, setting up a potential trial later this year.
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July 31, 2024
Wells Fargo Let Workers' Prescription Costs Soar, Suit Says
A group of former Wells Fargo employees have accused the banking giant of mismanaging its prescription drug benefits program, costing its Employee Retirement Income Security Act plan and employees millions of dollars in premiums and medication costs, according to a proposed class action in Minnesota federal court.
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July 31, 2024
Tampax, Kotex Tampons Hid Unsafe Lead Levels, Suits Say
Kimberly-Clark and Procter & Gamble were each slapped with putative class actions in California federal court Tuesday claiming that some tampon products contain toxic levels of lead — and that the information was hidden from consumers.
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July 31, 2024
NFL Finds Judge Open To Tossing $4.7B Sunday Ticket Award
A California federal judge appeared open Wednesday to the NFL's argument that he should throw out a jury's stunning $4.7 billion antitrust verdict over the league's Sunday Ticket television package, saying he has "trouble" with the jury's damages award and suggesting that jurors may have disregarded his instructions.
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July 31, 2024
Wash. Hospital Workers Keep $230M Wage Win, Attys Get 30%
A Washington state court rejected a hospital system's attempt to undo its nearly $230 million loss in a class wage and hour case, ruling Wednesday that jurors reasonably relied on expert damages calculations, while also signing off on a roughly $70 million attorney fee award for class counsel.
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July 31, 2024
Report Finds Uptick In AI-Related Shareholder Suits
Class action lawsuits accusing companies of deceiving investors about their artificial intelligence capabilities are on the rise this year while the previously trendy areas of shareholder litigation against cryptocurrency companies and special purpose acquisition companies have fallen significantly, according to a Wednesday report from Cornerstone Research.
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July 31, 2024
9/11 MDL Judge Probes Saudi Arabia's Latest Exit Bid
A Manhattan federal judge peppered Saudi Arabia's lawyers with questions Wednesday as they argued that years of discovery have yielded no real evidence of a Saudi government spy helping organize the terrorist attacks of Sept. 11, 2001.
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July 31, 2024
Justices Urged To Review Airline Price-Fixing Deal Payout
Two class members in a long-running airline price-fixing suit are asking the U.S. Supreme Court to reverse a secondary distribution of over $5 million in settlement money, saying unclaimed funds should have been sent to state treasuries, not class counsel.
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July 31, 2024
Wells Fargo Hit With Suit Over Cash Sweep Program
Wells Fargo was hit with a proposed class action by a customer claiming the bank's cash sweep investment program only allows users to sweep their cash into Wells Fargo-selected accounts, a practice the suit says has drawn regulatory scrutiny because it disproportionately benefits the bank.
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July 31, 2024
Chancery OK Sought For $2.5M BigBear.ai SPAC Suit Deal
GigCapital Global has agreed to pay $2.5 million to settle a Delaware Chancery Court shareholder class action that sought damages for alleged breaches of fiduciary duty and unjust enrichment in connection with the 2021 go-public merger with artificial intelligence company BigBear.ai.
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July 31, 2024
Colo. Judge Won't Combine DaVita FLSA Suits
A Colorado federal judge has declined to consolidate two collective wage actions against DaVita Inc., saying she is skeptical of a former nurse's arguments that the parallel cases would create extra expenses for the parties, and the judge is reluctant to halt one case to wait for the other to catch up.
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July 31, 2024
Authors' Suit Against OpenAI Trimmed To Copyright Act Claim
A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.
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July 31, 2024
NewAge Execs Deny Inflating Military Contract Prospects
Executives and board members of the defunct beverage company NewAge Inc. hit back at investors' allegations that they lied about having a deal to sell their products in military commissaries, saying the investors had failed to show that material misstatements were made.
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July 31, 2024
Chancery Keeps Challenge To $1.5B Genius Sports Deal Alive
Stockholders of a blank check company that took sports data company Genius Sports Ltd. public have overcome a bid to spike their Delaware Court of Chancery challenge to the $1.5 billion deal.
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July 31, 2024
Worker Snags Deal To End OT Suit With Pilgrim's Pride
A worker who claimed that one of the country's largest chicken producers misclassified her as overtime-exempt told a Colorado federal judge she reached a settlement with the company to end her proposed collective action.
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July 31, 2024
Antitrust Group Backs Naval Engineers' No-Poach Case
An advocacy group that supports robust enforcement of antitrust laws has urged the Fourth Circuit to revive a case from former naval engineers accusing military shipbuilders of using secret "no-poach" agreements to avoid competing for workers.
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July 31, 2024
Insurer Says No Coverage For Wash. Pay Law Class Actions
An insurer said it has no duty to defend or indemnify food service companies accused of violating the Washington Equal Pay and Opportunities Act in two putative class actions, telling a federal court Wednesday the allegations don't trigger coverage under an employment practices liability insurance policy.
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July 31, 2024
$7.25M Del. Settlement Offered In $1.35B UpHealth SPAC Suit
Parties to a Delaware Court of Chancery stockholder suit that challenged a $1.35 billion take-public "blank-check" company merger with Florida-based digital health manager UpHealth Inc. have reached a $7.25 million settlement of all claims, pending court approval, according to an agreement filed Tuesday.
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July 31, 2024
Mortgage Co.'s $300K Wage Deal Gets Initial OK
A California federal judge has given an initial stamp of approval to a $300,000 settlement between a mortgage company and a class of its employees, ending claims that the company failed to pay hourly wages or provide meal and rest breaks.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Chancery's Carvana Suit Toss Shows Special Committee Value
The Delaware Chancery Court’s recent dismissal of a stockholder complaint against Carvana illustrates how special litigation committees can be a powerful tool for boards to regain control after litigation alleging a breach of fiduciary duty, say attorneys at Morgan Lewis.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits
On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.