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Class Action
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July 17, 2024
Drivers' Transmission Complaints Are 'Old News,' GM Says
Drivers waited too long to file a proposed class action accusing General Motors LLC of selling vehicles with faulty transmissions, the automaker said in a motion Tuesday arguing that many of the claims must be dismissed.
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July 17, 2024
CVS, Job Applicant Report Settlement In AI Lie Detector Suit
CVS Health Corp. has reached a tentative settlement in a proposed class action accusing the retail pharmacy chain of secretly using artificial intelligence that functions as a lie detector in its online job applications, according to a filing in Massachusetts federal court Wednesday.
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July 17, 2024
Settlement Talks Stall In NC Driver Suit Over Crash Data
A North Carolina woman and the city of Charlotte failed to reach a deal outside of court that would end her proposed class action accusing the city of violating privacy laws by making car accident reports public, according to a newly filed mediator's report.
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July 17, 2024
6th Circ. To Review 2 Standards In FirstEnergy's Cert. Fight
The Sixth Circuit indicated Wednesday that it would have to examine the applicability of two different class certification standards in a securities suit by FirstEnergy investors, as the company insisted there was no proof its statements influenced stock prices, and that purported omissions didn't factor into the mix.
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July 17, 2024
Aviation Co. Didn't Waive Arbitration In Wage Suit
An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.
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July 17, 2024
Rocket Mortgage Says Results Refute Investors' Fraud Claims
Rocket Mortgage is arguing that the company didn't mislead its shareholders when Rocket's former CEO claimed the company could grow its lending business in a rising interest rate environment because the firm's actual financial performance ended up proving that prediction true.
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July 17, 2024
Chevron Repeal Doesn't Impact Benefits Rule Fight, DOL Says
The U.S. Supreme Court's rollback of Chevron deference doesn't boost the likelihood of success for a trade group's claims that a U.S. Department of Labor regulation unlawfully expanded the pool of retirement advisers with obligations under federal benefits law, the agency told a Texas federal judge Wednesday.
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July 17, 2024
Ex-Genentech Worker Seeks Revival Of 401(k) Investment Suit
A former Genentech employee asked the Ninth Circuit to reopen his proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, arguing a trial court applied an erroneously high standard when it tossed the claim.
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July 17, 2024
Boehringer Wants Inhaler Antitrust Case Moved To Mass.
Boehringer Ingelheim Pharmaceuticals Inc. has urged a Connecticut federal court to transfer a proposed class action accusing it of blocking generic versions of two inhaler medications, saying a similar case was filed in Massachusetts several weeks earlier.
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July 17, 2024
SeaWorld Says Dad Ousted From Bias Case Contradicts Attys
Counsel for parents and children alleging that costumed performers at SeaWorld-owned theme park Sesame Place snubbed them booted a dad from the case as a way to buy time for more preparation, contradicting his lawyers' claims that he was forced from the case for making a deliberately incorrect deposition statement, the park's corporate owner alleged in a new court filing.
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July 17, 2024
Families Push To Revive Suits Over Harvard Body Part Thefts
Plaintiffs in a dozen lawsuits seeking to hold Harvard University liable after a former medical school morgue manager was charged with stealing and selling body parts have told a Massachusetts Appeals Court that a lower court judge got it wrong when he found that the school has legal immunity.
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July 17, 2024
Judge Cautiously OKs $1.5M Georgetown Tuition Refund Deal
A $1.5 million settlement resolving class action claims over Georgetown University's move to remote instruction during the COVID-19 pandemic scored initial approval, but a D.C. federal judge said he has concerns about the limited payout class members will receive after accounting for attorney fees.
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July 17, 2024
Robinhood's $9M Promo Text Suit Settlement Gets Final Nod
A Washington federal judge has awarded $2.2 million in attorney fees and granted final approval to a $9 million settlement resolving claims that stock-trading app Robinhood's referral program caused nonusers to receive unsolicited promotional texts, in violation of Evergreen State law.
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July 17, 2024
Fiat Chrysler, Workers To Mediate OT Dispute
A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.
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July 17, 2024
ADA Can't Shield Worker From Failed Drug Test, Co. Says
A chemical transportation company urged a South Carolina federal court to toss a former lift operator's lawsuit alleging he was fired for taking legal CBD because of cysts on his brain and spinal cord, arguing disability law doesn't protect workers from positive drug tests for THC.
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July 16, 2024
Gilead Asks Calif. Supreme Court To Ax 'Disastrous' Decision
Gilead Sciences on Monday urged the California Supreme Court to overturn an appellate panel's decision that the company can't ditch claims it held back a safer HIV drug to maximize profits on an older medication, saying that holding manufacturers liable for non-defective products would "yield disastrous policy consequences."
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July 16, 2024
EB-5 Investors Seek Sanctions Over 'Flight Risk' Defendant Info
Two dozen Chinese investors who alleged that $13.2 million worth of their investments in a Hawaii resort went missing has urged an Illinois federal judge to sanction developers for not giving them important case information, including contact information for one defendant who they said is an "obvious flight risk."
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July 16, 2024
Apple's Slowed IPhone Derivative Deal OK'd After Tweaks
A California federal judge said Tuesday she would approve Apple's non-monetary settlement to resolve a derivative-shareholder suit over claims it secretly slowed iPhones and award counsel $6 million in attorney fees and expenses, after she rejected an earlier version of the deal because of the proposal's overbroad release of claims.
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July 16, 2024
Tesla Swaps Cravath Out, WilmerHale In For Antitrust Defense
WilmerHale has taken over from Cravath Swaine & Moore LLP as counsel for Tesla in a proposed class action in California federal court alleging the company runs an unlawful monopoly on parts for its electric vehicles.
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July 16, 2024
Rocket Cos. Investors Drop CEO Retweet Claims From Suit
Investors in mortgage lender Rocket Companies have dropped certain proposed class action claims against the company's CEO, telling a Michigan federal judge that they would no longer accuse the executive of securities fraud over a March 2021 retweet.
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July 16, 2024
Apollo's $1.85B Mining Co. Deal Sparks Del. Suit For Docs
An investor sued a mining and logistics company in Delaware's Court of Chancery seeking documents regarding the firm's $1.85 billion go-private deal with affiliates of asset management giant Apollo, approved Tuesday by the mineral producer's stockholders, asserting that there are credible concerns over pre-transaction communications between its executives and Apollo about their jobs.
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July 16, 2024
Unilever Supplier Looks To Drag BP Into Shampoo Class Suit
A Unilever supplier is trying to shift the blame in a lawsuit accusing it and the consumer goods behemoth of selling carcinogen-tainted dry shampoo, telling a Connecticut federal court that two of its suppliers, including BP, are actually the ones who should be held liable.
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July 16, 2024
Solar Co. Cites Macquarie In Fight Against Investor Suit
SolarEdge Technologies Inc. has moved to dismiss a proposed class action accusing it of misrepresenting the demand for its solar energy products in Europe, arguing that investors' claims that it had to make a detailed accounting of its inventory levels and sales practices do not meet the standard set out by the U.S. Supreme Court's recent Macquarie ruling.
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July 16, 2024
Drugmaker BioLineRx Beats Investor Suit Over Cash Shortfall
Israeli biotech company BioLineRx has, for now, beaten a proposed class action over claims that it misled investors on its capital shortfall, which caused a major decline in its share price, with a New Jersey federal judge saying the plaintiffs have failed to plead any actionable misleading or false statements.
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July 16, 2024
3rd Circ. Backs Tossing Over 1K Suits In Merck Vaccine MDL
The Third Circuit on Tuesday affirmed the dismissal with prejudice of 1,189 cases in multidistrict litigation alleging Merck & Co. Inc.'s shingles vaccine, Zostavax, caused the disease, saying the district court did not abuse its discretion by requiring medical tests to support the claims.
Expert Analysis
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What Brands Need To Know About Consumer Reviews In 2024
Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.
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2 Cases Highlight NJ Cannabis Employment Law Uncertainties
More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Compliance Risk After SEC Warning Against 'AI Washing'
The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.
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Shopify Ruling May Support Personal-Jurisdiction Defenses
Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.
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6 AI Cases And What They Mean For Copyright Law
Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
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How 2023 Shaped Drug And Medical Device Legal Trends
2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.
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5 Trends That Will Affect Food Litigation In 2024
In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Considerations for In-House Counsel Before Testing For PFAS
In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.