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Class Action
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November 26, 2024
Autodesk Wants Out Of Investor Suit Over Internal Controls
Autodesk Inc. asked a California federal judge on Tuesday to toss a proposed class action alleging the software company's stock price dropped after investors learned it lacked proper internal controls due to issues with its free cash flow and operating margin practices, saying its business plan statements at issue were "forward-looking" and accompanied by "cautionary" language.
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November 26, 2024
BofA Blames ID Fraudsters For Fake Accounts Behind Suit
Bank of America told a North Carolina federal court that third-party identity theft is to blame for the alleged fake accounts that prompted proposed class claims, and cited Wells Fargo's escape from a similar suit as a reason to toss the case.
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November 26, 2024
Ohio Vaping Chain Worker Drops Proposed OT Class Action
An Ohio vape shop worker has dropped her proposed class and collective action accusing her employer of making his employees work 60 to 100 hours per week but then not paying them overtime for their extra labor as required by the Fair Labor Standards Act.
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November 26, 2024
9th Circ. Reopens Teachers' Retirement Savings Interest Suit
The Ninth Circuit on Tuesday revived a class action accusing the Washington state pension agency of unlawfully skimming interest earned by thousands of teachers on their retirement accounts, ruling the trial court went too far when it ruled the educators' suit was untimely.
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November 26, 2024
Calif. Judge Says Flores Reporting Requirements Still In Effect
A California federal judge said the government must resume reporting data on migrant children being held in heightened supervision facilities to human rights groups under the 1997 Flores settlement, saying the Office of Refugee Resettlement should not have ceased doing so.
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November 26, 2024
Progressive's $61M 'Total Loss' Deal Gets Approved
Two Progressive subsidiaries will pay up to $61 million to resolve allegations that car insurance policyholders in Michigan should have been compensated for sales tax and title and registration fees as part of Progressive's payment of claims for totaled vehicles.
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November 26, 2024
Retirees Fight For Class Cert. In US Bancorp Benefits Suit
Three U.S. Bancorp retirees urged a Minnesota federal judge to certify a 2,300-member class action claiming the bank holding company shorted them on early retirement benefits, arguing that the institution's contentions with its expert's analysis of the pension plan shouldn't block certification.
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November 26, 2024
Bojangles' Restaurants Sued Over Weekslong Cyberattack
A former employee of Southern-style fast-food chain Bojangles' Restaurants Inc. said the company negligently failed to protect his and his proposed class members' personal information, allowing hackers to access it earlier this year in a cyberattack that lasted for weeks.
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November 26, 2024
Disney Strikes $43M Deal To End Calif. Pay Bias Suit
The Walt Disney Co. agreed to pay $43.25 million to settle a class action claiming the entertainment giant paid thousands of women in middle management less than their male colleagues, according to a filing in California court.
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November 25, 2024
Pom Juice Maker Trims But Can't Nix 'Forever Chemicals' Suit
A Manhattan federal judge on Monday pared down a putative class action alleging the makers of Pom pomegranate juice misled consumers about whether its products contained harmful "forever chemicals" while allowing claims of negligence and violation of New York's business laws to go forward.
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November 25, 2024
Tuna Price-Fixing MDL Lead Attys Awarded $86M In Fees
A California federal judge has agreed to award a combined total of $86 million in fees and costs to lead counsel representing two classes of canned tuna buyers who reached settlements in recent months with StarKist, Dongwon Industries and Lion Capital in a decadelong price-fixing case.
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November 25, 2024
Lampert, Sears Stockholders Set Appraisal Share Faceoff
Delaware's Court of Chancery has teed up an argument on how to handle class member claims of former Sears Hometown and Outlet Stores Inc. stockholders whose share appraisal demand was torpedoed by the company's bankruptcy in 2022.
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November 25, 2024
Red Cross Misused $500M Haiti Earthquake Aid, Fla. Suit Says
The Red Cross misused more than $500 million in donations intended to help Haiti recover following the country's 2010 earthquake, instead spending the money on covering a financial deficit and unrelated projects, according to a proposed class action filed Monday in Florida federal court.
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November 25, 2024
Credit Bureaus Freed From VantageScore Antitrust Suit
An Illinois federal judge has ruled there is no evidence the three major credit bureaus conspired with the Fair Isaac Corporation to engage in a monopoly, reasoning there was no impetus for them to do so, but also found that credit score buyers sufficiently backed some of their antitrust claims against FICO.
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November 25, 2024
Microsoft-Activision Atty Snubs $15M Class Fee In Del. Suit
An attorney for Microsoft Corp. and Activision Blizzard Inc. on Monday downplayed the benefits from an ongoing stockholder suit seeking $15 million for mid-case fixes to the two companies' $68.7 billion merger, saying the action's modest advantages should be weighed more as disclosure matters than a deal rescue.
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November 25, 2024
GATX Rips Norfolk Southern's Bid To Shift Derailment Liability
GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.
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November 25, 2024
Geologist, Oil Co. Can't Get Approval Of Wage Suit Settlement
A Colorado federal judge put the brakes on a settlement that a geologist reached with the oil and gas producer he accused of failing to pay overtime, saying it's not clear if he alerted other workers of the deal or if a $1 million attorney fee request is reasonable.
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November 25, 2024
Medical Info. Co. Beats Junk Fax Suit Over Free E-Book Offer
A medical information company has once again defeated a long-running Telephone Consumer Protection suit over unsolicited faxes it sent in 2013, with a West Virginia federal judge ruling the plaintiffs produced no evidence that the company got paid when recipients responded to their faxes.
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November 25, 2024
Beyond Meat Told It's Likely To Beat Production Woe Suit
A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.
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November 25, 2024
Calif. Appeals Court Backs Taylor Farms Win In Wage Suit
A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.
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November 25, 2024
$65M Deal In Texas Drilling Suit Gets Final OK
A Texas federal judge gave the final green light Monday to a $65 million settlement against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.
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November 25, 2024
Quarles & Brady Lands Buchalter Employment Duo In Calif.
Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.
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November 25, 2024
DOJ Says Realtor Commissions Deal Is No Antitrust Shield
The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers do not shield the industry from government antitrust scrutiny.
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November 25, 2024
Vanguard, Investors Get Initial OK On $40M Deal In Tax Suit
A Pennsylvania federal judge gave initial approval Monday to a $40 million settlement between Vanguard and investors who claimed the firm breached its fiduciary duty when it triggered a sell-off of assets that left investors with hefty tax bills.
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November 25, 2024
Amazon Says Drivers Still MIA During Discovery In Wage Suit
Delivery drivers are still falling short of following discovery orders in an almost decade-long suit accusing Amazon of misclassifying them as independent contractors, the e-commerce giant told a Washington federal court, urging it to boot those workers from the case.
Editor's Picks
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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
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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.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.