Class Action

  • June 18, 2024

    Frontier Airlines Passholder Suit To Be Arbitrated

    Frontier Airlines Inc. has successfully pushed out of court a proposed class action claiming its "All You Can Fly" passes are "relatively unusable," after a Colorado federal judge ruled that there is nothing "substantively unfair" about the arbitration clause to which the would-be passengers agreed.

  • June 18, 2024

    Kohler Inks $2.45M Deal To Wrap Up Mortality Table Suit

    Kohler struck a $2.45 million deal that aims to beef up pension payouts for about 500 married retirees to end a proposed class action claiming the manufacturing company shorted couples on pension benefits through the use of outdated data, according to a Wisconsin federal court filing.

  • June 18, 2024

    Noncustomers Cinch Settlement In Citibank Robocall Suit

    Citibank has reached a deal with a class of noncustomers who accused the bank of bombarding them with unauthorized robocalls, according to a notice filed in Arizona federal court, ending six years of litigation alleging Citibank had violated the Telephone Consumer Protection Act.

  • June 18, 2024

    Chicago Cubs Will Pay $1.2 Million To End TCPA Suit

    An Illinois federal judge granted final approval Monday to a $1.2 million settlement that resolves litigation accusing the Chicago Cubs of sending persistent marketing text messages that violated the Telephone Consumer Protection Act.

  • June 18, 2024

    Milliman Wins 401(k) Mismanagement Suit After Trial

    Consulting company Milliman Inc. prevailed over a class action suit alleging the company violated federal benefits law by keeping poorly performing investments tied to a financial subsidiary in its employee 401(k) plan, according to a California federal judge's order entered after a 10-day bench trial.

  • June 18, 2024

    Musk Pay Claims Still Alive After Texas Vote, Chancery Told

    Attorneys for Tesla stockholders who won a Court of Chancery order voiding CEO Elon Musk's mammoth stock-based compensation plan in January are rejecting as having no legal effect a vote last week to ratify the same 10-year package, once valued at $56 billion.

  • June 18, 2024

    Insurers Must Keep Defending Heating Oil Co. In Class Suit

    Two Crum & Forster units must continue defending a heating oil company and several executives in a class action claiming the company provided oil with elevated levels of biodiesel that caused property damage, a Massachusetts federal court ruled, saying the policies' "failure to supply" provisions do not limit or exclude coverage.

  • June 18, 2024

    HP Escapes 'Novel' 401(k) Suit Over Use Of Forfeited Funds

    A California federal judge threw out a proposed class action that accused HP of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, saying nothing in federal benefits law required the company to use the funds to cover plan expenses.

  • June 18, 2024

    BDO's $2.25M Deal Ending 401(k) Suit Gets Final OK

    An Illinois federal judge on Monday gave his final sign-off to a $2.25 million settlement accounting firm BDO agreed to pay to resolve a suit alleging the company failed to verify that retirement plan funds in an employee 401(k) were evaluated properly.

  • June 17, 2024

    NFL Commish Goodell Takes Stand To Deny TV Price Controls

    NFL Commissioner Roger Goodell testified Monday in front of a California federal jury considering multibillion-dollar antitrust claims against the league that the NFL does not control the price of DirecTV's Sunday Ticket with any secret deals, insisting instead that the broadcast strategy is shouted "from the mountaintops."

  • June 17, 2024

    PennyMac 'Shocked' Investors With Post-Libor Fix, Suit Says

    PennyMac's mortgage investment arm has been hit in California federal court with a proposed class action accusing it of using last year's discontinuation of Libor to unfairly and unlawfully lock in a lower dividend for some of its preferred stock, stiffing investors out of millions.

  • June 17, 2024

    BNSF's $75M BIPA Deal With Truckers Nears Final OK

    A $75 million biometric privacy settlement between BNSF Railway Co. and a class of truck drivers who challenged the railroad's gate-access practices neared final approval Monday, resolving litigation that had been pending in Illinois' state and federal courts.

  • June 17, 2024

    USC Allegedly Used 'Junk Science' On Black Kidney Patients

    The University of Southern California secretly has been using a "junk science" scoring formula that hurts Black patients' eligibility to receive kidney transplants, according to a putative class action in California federal court.

  • June 17, 2024

    9th Circ. Says Facebook 'Face Signatures' Not Subject To BIPA

    The Ninth Circuit sided with Meta Platforms on Monday by declining to revive an Illinois resident's proposed class action accusing Facebook of breaking the state's Biometric Information Privacy Act, ruling that the "face signature" at issue isn't protected by the law because it cannot be used to identify someone.

  • June 17, 2024

    Tesla Says Texas Charter, Musk Pay Have Impact In Delaware

    Pointing to recent Tesla stockholder votes to reincorporate in Texas and approve a mammoth Elon Musk pay package voided in Delaware, an attorney for Tesla has asked the Court of Chancery to reconsider holding a July 8 hearing on a proposed multibillion fee for class attorneys who won the Musk salary put-down.

  • June 17, 2024

    Third Pa. Uber Trial Unlikely As Deadlock Again Looms

    With a second deadlocked jury appearing imminent in the Philadelphia UberBlack employment classification trial, a Pennsylvania federal judge on Monday told attorneys he was skeptical a third trial is on the way to resolve the case.

  • June 17, 2024

    Wash. Property Manager Hit With Suit Over Extra Fee

    A proposed class of former tenants accused a Bellevue, Washington, property management company of violating state law by charging a $100 security deposit disposition fee when tenants move out.

  • June 17, 2024

    Drugmaker, PE Investor Sued In Del. Over 'Unfair' Deal Terms

    Clinical-stage biotechnology firm Omega Therapeutics' board entered into an "unfair" agreement to develop a new drug with the company's controlling private equity stockholder that was heavily tilted in favor of the majority equity holder and Omega insiders, an investor alleged in a lawsuit in Delaware's Chancery Court.

  • June 17, 2024

    Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

    A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

  • June 17, 2024

    FTX, Customers Lay Claim To SBF's $11B Forfeiture Tab

    FTX told the New York federal court that hit the company's founder Sam Bankman-Fried with a 25-year prison sentence and an $11 billion forfeiture order that the now-defunct cryptocurrency exchange has a right to those funds, while a group of its former clients asserted a similar claim for itself.

  • June 17, 2024

    Catching Up With Delaware's Chancery Court

    Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

  • June 17, 2024

    Talc Claimants Want Documents In Fight Over J&J Unit Venue

    Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.

  • June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  • June 17, 2024

    Justices To Hear Nvidia Case On Securities Pleading Standard

    The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.

  • June 14, 2024

    Electronics Cos. Fight 'Drastic' $2B Price-Fixing Default

    Irico Group and a subsidiary on Thursday opposed a special masters report recommending the Chinese electronics companies should be on the hook for over $2 billion in default judgment in litigation alleging they participated in a cathode ray tube price-fixing conspiracy, telling a California federal court the remedy is "drastic" and unwarranted.

Expert Analysis

  • 5 Trends That Will Affect Food Litigation In 2024

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    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.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    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.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    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.

  • Considerations for In-House Counsel Before Testing For PFAS

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    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.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • NCAA Proposal Points To A New NIL Compensation Frontier

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    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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