Class Action

April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins

The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
April 25, 2025
Nike Investors Say 'Brazen' NFT Rug Pull 'Decimated' Them

Nike was hit with a proposed securities class action on Friday accusing the athletic apparel giant of touting its nonfungible tokens before abruptly abandoning that business, in a "brazen rug pull" that left purchasers of Nike's NFTs "decimated."
April 25, 2025
Cadence Bank Customers Seek Final OK For $4.5M Fee Deal

Customers of Cadence Bank have asked an Arkansas federal judge to grant a final sign-off to a $4.5 million deal to end proposed class action claims over the bank's charging of a type of overdraft fee known as "authorize positive, settle negative" fees.
April 25, 2025
PacifiCorp Should Pay $96M To Wildfire Victims, Jury Told

Nine plaintiffs who fled from wildfires started by PacifiCorp's negligence should get $95.5 million in noneconomic damages, an Oregon state jury heard in closing arguments Friday, while PacifiCorp's lawyer told the jury to focus on what the evidence actually supports and award roughly $2.2 million in that category.
April 25, 2025
Judge Urges Creativity For Nonparties In Sprint Merger Row

T-Mobile, a group of Verizon and AT&T subscribers and a host of nonparty mobile carriers and network operators must try again to hash out a creative yet reasonable way to shield confidential information from the nonparties' anticipated discovery in litigation challenging T-Mobile's merger with Sprint, an Illinois magistrate judge has said.
April 25, 2025
Sutter Health To Pay $228M In Years-Old Antitrust Suit

A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools

The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
April 25, 2025
Calif. Judge Rips Trump Admin's 'Whack-A-Mole' ICE Policies

A California federal judge deciding whether to issue a nationwide injunction in multiple cases challenging the government's termination of foreign students' F-1 visa records expressed frustration with the Trump administration's abrupt policy changes Friday, saying "it's a new world order every day — it's like whack-a-mole."
April 25, 2025
Live Nation Investors Get 1st OK For $20M Eras Tour-Tied Deal

Event ticketing giant Live Nation and its shareholders on Friday secured a California federal judge's initial green light for their proposed $20 million deal to end proposed class action claims alleging the company misled shareholders in the face of anticompetitive allegations involving its Ticketmaster subsidiary following its missteps selling tickets for pop star Taylor Swift's Eras Tour.
April 25, 2025
Tesla, Allies Urge Reversal Of Musk's $56B Pay Veto

Pointing to solid Tesla stockholder approval of Elon Musk's $56 billion, multiyear compensation plan, the Chamber of Commerce's national office has urged Delaware's Supreme Court to reverse a Chancery Court strikedown of the plan and reconsider a $345 million winning-side class attorney fee.
April 25, 2025
Off The Bench: NIL Deal Drama, Oakley V. MSG, Transfer Rules

In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.
April 25, 2025
Defunct Media Co. To Pay $4.5M In NY WARN Act Case

Former digital media startup The Messenger has agreed to pay $4.5 million to a class of 275 workers who claimed in New York federal court that the company didn't give them enough notice about its layoffs and shutdown, the parties said on Friday.
April 25, 2025
NY Settles Class Action Over Delays In Special Ed Hearings

New York City and state officials agreed to overhaul how special education complaints are handled, settling a 2020 class action brought by students with disabilities who waited months for crucial services.
April 25, 2025
AAA Club To Pay $1M To Settle COBRA Notice Suit

An American Automobile Association club agreed to pay $1 million to resolve a proposed class action in Michigan federal court claiming that it failed to give workers notices for health insurance continuation coverage in a timely manner.
April 25, 2025
Barnes & Thornburg Adds Lewis Brisbois SEC Practice Leader

The chair of Lewis Brisbois Bisgaard & Smith LLP's U.S. Securities and Exchange Commission enforcement and litigation practice recently jumped to Barnes & Thornburg LLP in Washington to help lead a practice group there.
April 25, 2025
Manufactured Home Finance Biz Faces New 'Risky Loan' Suit

After the Consumer Financial Protection Bureau walked away from a similar case earlier this year, a proposed class action in Tennessee federal court accuses a Berkshire Hathaway-owned company of signing up customers for loans they couldn't afford for manufactured homes typically built and sold by an affiliate.
April 25, 2025
2nd Circ. Rejects Tesla Buyer's Deceptive-Ad Case

The Second Circuit on Friday rejected an appeal from a Tesla buyer who claimed he was misled about his car's self-driving capabilities, ruling that he'd waited too long to bring the proposed class action.
April 25, 2025
World Cup Workers Sue PR Firms For Hiding Labor Abuses

Two public relations giants helped the Qatari government hide human trafficking and other labor abuses in the construction of venues for the 2022 men's World Cup, more than 100 Filipino migrant workers claim in a suit in New York federal court.
April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use

Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
April 25, 2025
Benefits Co. Failed To Protect Personal Info, Suit Says

An employee benefits administrator failed to properly secure and safeguard private information of benefits recipients, including their names and Social Security numbers, that was later compromised in a data breach, according to a proposed class action in Maryland federal court.
April 25, 2025
Health Insurance Cos. Deny Agents OT Pay, Suit Says

A group of health insurance companies failed to pay agents at a time-and-a-half rate for their hours worked over 40 per week and improperly calculated workers' pay rates, according to a proposed collective action filed in Florida federal court.
April 25, 2025
Mass. Data Broker Accused Of Flouting Colo. Privacy Law

A Massachusetts data broker is violating a Colorado law barring the inclusion of personal cellphone numbers in online directories without permission, a proposed class action alleges.
April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split

The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
April 24, 2025
Target Hit With False Ad Suit Over Citric Acid In Pasta Sauce

Target falsely marketed its store brand pasta sauces as having no "artificial" preservatives despite containing synthetic manufactured citric acid, according to a proposed class action removed to California federal court Wednesday.
April 24, 2025
Starbucks Sued Over Human Rights Abuses On Coffee Farms

The supply chain for Starbucks' Brazilian coffee is rife with slavery-like conditions and child labor, coffee plantation workers have said in a lawsuit, alleging they were forced to work for suppliers of the global coffee chain under "debt bondage" and threats of violence.

Editor's Picks

NFL Seeks To End Race-Based Concussion Tests After Outcry

The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.

Expert Analysis

Legal Ethics Considerations For Law Firm Pro Bono Deals

If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
Series

Playing Football Made Me A Better Lawyer

While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
Opinion

It's Time To Reform Mass Arbitration

A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
How High Court's Cornell Decision Will Affect ERISA Suits

The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
Notable Q1 Updates In Insurance Class Actions

The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
Perspectives

The Benefits Of Aligning States On Legal Paraprofessionals

Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
AI Use In Class Actions Comes With Risks And Rewards

The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
10 Soft Skills Every GC Should Master

As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
An Unrestrained, Bright-Eyed View Of Legal AI's Future

Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
Tracking The Evolution In Litigation Finance

Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
Lessons From Pa. Wiretapping Class Action Dismissal

A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.
Series

Volunteer Firefighting Makes Me A Better Lawyer

While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
Influencer Campaign Lawsuits Signal New Endorsement Risks

Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.