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Class Action
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March 05, 2025
Fighters' Attys Get $115M In Fees For UFC Settlement Work
A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.
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March 05, 2025
Pot Co. Hit With Class Action Over Unwanted Mass Texts
A California man is suing a dispensary and cannabis delivery service in federal court, alleging that it has violated the Telephone Consumer Protection Act by repeatedly sending unsolicited marketing text messages.
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March 04, 2025
Avalara Investor Asks 9th Circ. To Revive $8B PE Buyout Suit
An Avalara shareholder urged the Ninth Circuit on Tuesday to revive a proposed securities class action alleging the tax software company duped investors into approving a "deficient" $8.4 billion private equity buyout, arguing the trial court erred in finding Avalara's statements tied to "numerically specific metrics" weren't false or misleading.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Chinese Theme Park Co. Can't Nix Investors' 'Hellscapes' Suit
A California federal judge will allow investors' securities fraud claims against a Chinese amusement park operator to proceed, finding they plausibly claimed that the company inflated visitor numbers and financials for its park, causing an 89% stock price decline when the truth was eventually revealed.
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Scientific American Publisher Can't Ax Meta Pixel Privacy Suit
A New York federal judge refused to dismiss a putative class action accusing publisher Springer Nature America Inc. of violating the Video Privacy Protection Act by sharing Scientific American subscribers' video viewing data with Meta Platforms Inc. via a tracking pixel.
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March 04, 2025
Semiconductor Co. Faces Suit Over Apple Biz Loss, AI Hype
Semiconductor maker Skyworks Solutions Inc. was hit Tuesday with a proposed investor class action alleging it hurt investors by downplaying the risks posed by the loss of business from iPhone maker Apple, a major customer, and overplaying the strength of artificial intelligence to its business.
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March 04, 2025
Annoyed Judge Says No New Trial For CenturyLink
Telecommunications company CenturyLink's hopes of getting a new trial on claims that it illegally ran people's credit reports have been dashed after an Arizona federal judge said he has already explained "ad nauseum" that it doesn't make sense to make all 56,000 class members prove that they didn't want their credit pulled.
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March 04, 2025
Mariano's Managers Fight Bid To Decertify Class In OT Row
Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.
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March 04, 2025
Meijer Says 1st Circ. Must Resolve Takeda Arbitration Order
Grocery store chain Meijer on Tuesday urged a Massachusetts federal judge to allow it to immediately appeal his ruling granting Takeda Pharmaceutical's bid to arbitrate the grocer's antitrust claims over a constipation drug, arguing that the case presents several issues that the First Circuit needs to address.
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March 04, 2025
EV Co. Lucid's Brass Face Investor's Production Capacity Suit
Executives and directors of electric vehicle manufacturer Lucid Group Inc. have been hit with a proposed shareholder derivative suit in Delaware federal court alleging they concealed the extent of production issues plaguing the company in order to inflate share prices.
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March 04, 2025
Intel Beats Investor Suit Over 'Foundry' Losses, For Now
Intel Corp. has beaten a proposed securities class action accusing it of misleading investors about the financial health of its so-called foundry segment, with the court finding Intel made all required disclosures regarding the segment's performance.
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March 04, 2025
Health Providers Fight To Keep MultiPlan Pricing MDL Alive
Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.
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March 04, 2025
Staffing Co. Got 'Honest Pay' For Dynata Work, Jury Hears
In a tense exchange, an executive for a staffing company told a Dallas jury that market research company Dynata LLC had wrongly withheld $8 million after an attorney representing Dynata said the staffing company had already gotten "honest pay" for "honest work."
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March 04, 2025
NJ Judge Nixes Derivative Suit Over $38M Tech Co. Spinoff
Top brass of a material-handling-equipment maker and the company's controlling shareholder no longer face a shareholder derivative action alleging that they breached their fiduciary duties with a plan to spin off assets to benefit the company's board chair.
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March 04, 2025
Insurer Says Claims Of Illegally Tracked Info Erase Coverage
An insurer for a fertility treatment provider told an Illinois federal court that an exclusion on the disclosure of personal information precludes commercial general liability coverage for a lawsuit accusing the provider of unlawfully installing tracking technologies to collect website users' private information.
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March 04, 2025
Volkswagen Settling Drivers' Suit Over Turbocharger
Volkswagen and Audi drivers who claim their cars contained defective turbochargers have asked a New Jersey federal judge to preliminarily approve a proposed class settlement that would have the automaker cover as much as half of certain out-of-pocket expenses the vehicle owners paid during the first 85,000 miles.
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March 04, 2025
4th Circ. Finds No Harm In Facebook Ads For Young Renters
The Fourth Circuit affirmed a Maryland federal court's dismissal of a would-be renter's proposed class action alleging age discrimination by the D.C. area's largest real estate firms Tuesday, finding that the plaintiff failed to show that she was harmed by the company's targeting of younger renters in Facebook ads.
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March 04, 2025
Target Can't Pause Warehouse Workers' Wage Suit
Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.
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March 04, 2025
Chancery Finds Recent Precedent Backs Tesla's Texas Jump
Elon Musk and Tesla on Monday beat a challenge in Delaware's Court of Chancery to the company's charter move to Texas, with fewer than two-thirds of shareholders approving, as the court invoked an opinion issued in November when a vice chancellor opened the door to The Trade Desk's exit to Nevada.
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March 04, 2025
Reynolds Wrap Maker Must Face 'Made In The USA' Case
A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.
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March 04, 2025
Athletes 'Overwhelmingly' Support NCAA NIL Deal, Attys Say
The response by the class of college athletes to the NCAA's settlement providing name, image and likeness compensation and revenue sharing has been "overwhelmingly positive,'' the attorneys for the athletes told a California federal judge as part of their bid for final approval of the $2.78 billion settlement next month.
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March 04, 2025
UScellular, Investors Settle Suit Over Postpaid Phone Biz
An Illinois federal judge said Monday that the parties in a shareholder suit accusing UScellular and its parent company of misleading investors about the health of their postpaid mobile phone segment have reported that they have reached a settlement in the case.
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
Expert Analysis
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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2 Cases Show DAOs May Face Increasing Legal Scrutiny
Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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2nd Circ. AmTrust Decision Shows Audit Reports Still Matter
Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.