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Class Action
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November 05, 2024
Conagra Settles False Ad Suit Over 'Sustainable' Fish
Conagra and a proposed class of consumers have settled a suit accusing the food giant of deceptively labeling its seafood products as sustainable despite using ocean-harming methods to source them, according to a minute order entered Tuesday.
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November 05, 2024
Some Hertz Del. Insurance Claims Tossed In False Arrest Saga
A Delaware state judge has branded as "unreasonable" and based on "contractual gymnastics" Hertz Corp. arguments for aggregating separate settlements to limit its retained liability payout duty before insurance picks up the balance of customer wrongful arrest suit settlements.
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November 05, 2024
New Fortress Energy Faces Investor Suit Over Outlook
New Fortress Energy was hit with a proposed investor class action in New York federal court alleging the natural gas company and its top brass misled investors about the company's growth and revenue outlook, which led to a stock drop once the truth came to light.
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November 05, 2024
MVP: Paul Weiss' Audra Soloway
Audra Soloway, co-chair of Paul Weiss' securities litigation and enforcement group, secured a favorable result for Goldman Sachs in a 13-year class action, obtained a dismissal in an investor suit against Snapchat and secured the first substantive ruling applying a 2021 Supreme Court ruling in the Second Circuit, earning her a spot as one of the 2024 Law360 Class Action MVPs.
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November 05, 2024
4 Golf Course Data Breach Suits Consolidated In Illinois
Four separate proposed class actions alleging an Illinois-based golf course operator failed to protect customers' information following a data breach have been consolidated and will be heard in front of the same federal judge.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Kroger, State AGs Finalize Sprawling $1.37B Opioid Deal
Kroger will pay $1.37 billion to dozens of states and thousands of counties, municipalities and Native American tribes to resolve allegations the grocery store chain contributed to the opioid crisis, with Ohio, California and Texas seeing the largest distributions, according to a finalized settlement unveiled Monday.
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November 04, 2024
NCAA Baseball Coaches Seek Class Cert. In Wage-Fix Case
Division I volunteer baseball coaches asked a California federal judge to certify their proposed antitrust class action challenging the NCAA's since-repealed "uniform wage fix" bylaw that paid volunteer coaches nothing, which prevented them from getting compensated their market value for their services.
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November 04, 2024
NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'
The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.
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November 04, 2024
Security Tech Co. Evolv Misled Shareholders, Suit Claims
Security technology company Evolv Technologies Holdings Inc. has been hit with a proposed class action in Massachusetts federal court by a shareholder alleging the company reported inaccurate revenue for over two years because of weaknesses in its internal controls.
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November 04, 2024
Robinhood Users Denied Class Cert. In Order Flow Suit
A proposed class of Robinhood customers must run their expert's damages model before asking a California federal judge to weigh their class certification bid in litigation alleging that the investing platform failed to disclose financial interests affecting order flow on the platform.
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November 04, 2024
BofA Unit Escapes Trading Firm's Spoofing Suit For Now
An Illinois federal judge has tossed a trading firm's proposed class action claiming that a Bank of America unit manipulated markets for U.S. Treasury futures and options, ruling that the firm fails to allege actual damages, but giving it an opportunity to amend the suit.
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November 04, 2024
Google Looks To Toss Rumble's Search Antitrust Case
Google told a California federal court there's no need for a trial in Rumble's antitrust case accusing it of rigging its search results to favor YouTube over the rival video-sharing site, saying the tech giant applies its search algorithms consistently across all webpages.
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November 04, 2024
Apple Hid Audio Defects In 1st-Gen AirPods Pro, Users Say
Audio defects in the first generation of Apple's AirPods Pro did not stop the company from touting the wireless earbud's superior sound quality and noise-canceling features, consumers from Pennsylvania, Texas, and Ohio alleged in a proposed false advertising class action filed Friday in California federal court.
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November 04, 2024
Late New Evidence Can't Revive Investor Suit, Judge Says
A Massachusetts federal judge has declined to vacate the dismissal of an investor class action alleging that a hearing loss treatment company and some of its executives concealed disappointing clinical trial results, saying the plaintiff "is playing fast and loose with the Rules of Civil Procedure," and trying to blame the court and the clerk for his own procedural missteps.
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November 04, 2024
Shell Slips Negligence Claim In Pa. Nuisance Lawsuit
Neighbors of Shell Chemical Appalachia's Western Pennsylvania ethylene cracker plant will need to be more specific about dust and pollution affecting their homes if they want to revive a negligence claim that a federal court struck from a proposed class action Monday.
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November 04, 2024
Colo. AG Underestimates Tenants, Rental Home Group Says
A trade group has argued that Colorado's attorney general views tenants as "unsophisticated consumers" when he told the state Supreme Court that a group of tenants should be able to sue Blackstone subsidiaries over lease terms exchanging maintenance work for a rent discount.
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November 04, 2024
Errors Lower Fee Award For Athira Pharma Investors' Counsel
A Seattle federal judge has awarded $2 million in attorney fees to four firms that represented a class of Athira Pharma investors following a $10 million settlement over allegations the company's former CEO manipulated Alzheimer's drug studies, trimming the 25% fee award the firms sought due to an "overall lack of success in this litigation."
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November 04, 2024
Top Swimming Body Wants 9th Circ. Redo In Antitrust Case
Swimming's international governing body has asked the Ninth Circuit to rethink a decision that revived a pair of lawsuits brought by a trio of swimmers and a swimming league claiming the governing body's boycott violated antitrust laws.
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November 04, 2024
Judge Says She'll Likely Send Talc Ch. 11 Plan Out For Vote
A Delaware bankruptcy judge said Monday she will likely give a pair of talc producers permission to send their Chapter 11 plans out for a creditor vote, saying she was satisfied with the changes made since last week.
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November 04, 2024
Nextdoor Inc. Investors Sue After De-SPAC Stock Drop
Investors in a special purpose acquisition company that took neighborhood network app Nextdoor Inc. public at a $4.3 billion valuation in July 2021 have sued the SPAC's sponsors and founding directors for damages in Delaware's Court of Chancery, accusing architects of the deal of overvaluing the business.
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November 04, 2024
Citizens Bank Reaches Deal With Loan Officers To Avoid Trial
Citizens Bank struck a deal with a group of mortgage loan officers to resolve the final remaining claim in their lawsuit alleging the company stiffed them on overtime wages by compelling them to put in extra work off the clock, a filing in Pennsylvania federal court said.
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November 04, 2024
Class Cert. Sought In Ga. Man's 'Forever Chemicals' Suit
A Georgia man who lives near a Mount Vernon Mills textile plant asked a federal judge on Friday to certify two classes of neighbors who want to hold the manufacturers of so-called "forever chemicals" responsible for the alleged pollution of city drinking water.
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November 04, 2024
Vista Equity Sued In Del. Over Ad Tracking Co. Insider Trades
A stockholder of digital ad evaluator Integral Ad Science Holding Corp. has sued the company's private equity controller and five IAS directors in Delaware's Court of Chancery, seeking recovery of derivative damages for alleged insider trading moves that purportedly saved Vista nearly $270 million.
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November 04, 2024
MultiPlan Judge Raises Eyebrows At Attys' Biz Flight Billing
Counsel leading multidistrict litigation over Multiplan's pricing tools quickly revised their plans Monday for attorneys who take longer flights for the case, after an Illinois federal judge questioned why certain travelers received special treatment "arguably on the class's dime."
Expert Analysis
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.