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Class Action
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August 13, 2024
Capital Group Can't Force 401(k) Fund Suit To Arbitration
A California federal court refused to force individual arbitration of a proposed class action against The Capital Group Companies Inc. from a 401(k) plan participant alleging mismanagement, finding an arbitration provision in plan documents couldn't waive statutory rights under the Employee Retirement Income Security Act.
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August 13, 2024
Firms In State Street Case See $400K Slashed From Fee Bid
A Massachusetts federal judge known for scrutinizing attorney fees in class action suits trimmed more than $400,000 from a requested award for two firms who led a $4.3 million settlement with State Street Corp. over its employees' 401(k) plans.
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August 12, 2024
9th Circ. Reboots Manipulation Suit Against Binance.US
The Ninth Circuit on Monday partially reversed the dismissal of a proposed class action alleging that Binance.US artificially deflated the price of HEX cryptocurrency by lowering its ranking on its exchange, finding that the investor who brought the suit had established personal jurisdiction for some of his claims under the Commodity Exchange Act.
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August 12, 2024
Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says
An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.
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August 12, 2024
9th Circ. Won't Rethink Upending Sutter Health Antitrust Win
The Ninth Circuit refused Monday to reconsider a panel's split decision overturning Sutter Health's defeat of insurance plan purchasers' $400 million antitrust suit, summarily rejecting hospital system arguments that the court wrongly put in play corporate "purpose" and decades-old communications.
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August 12, 2024
Female Athletes Say $2.6B NCAA Deal 'Vastly Favors' Men
A group of female athletes objected to a more than $2 billion proposed class settlement with the NCAA over use of their name, image and likeness, arguing the deal "vastly favors" male athletes and perpetuates an existing gender pay gap.
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August 12, 2024
Navy Federal, Recording Software Co. Want Privacy Suit Nixed
Navy Federal Credit Union customers can't bring an invasion of privacy class action over the credit union's use of artificial intelligence software to analyze and record customer calls, in part because its recording practices were appropriately disclosed, the nation's largest credit union has argued.
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August 12, 2024
TelexFree Victims To Depose Alleged Scammer's Estranged Wife
A Massachusetts federal judge on Monday denied a request from the estranged wife of alleged TelexFree Ponzi schemer Carlos Wanzeler to escape a civil lawsuit filed by victims of the alleged $3 billion ploy and ordered her to sit for a Sept. 17 deposition and hand over documents requested by victims of the scheme.
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August 12, 2024
Deadline Passes For Camp Lejeune Claims
The deadline for U.S. Marine Corps servicemembers and their families to file administrative claims with the federal government over illnesses contracted by contaminated drinking water at Camp Lejeune passed on Saturday, with more than 320,000 claims that have been filed with the U.S. Navy.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
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August 12, 2024
Norfolk Southern Says Cuts To Investors' Suit Aren't Enough
Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.
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August 12, 2024
Kimberly-Clark Cuts Settlement Deal In 401(k) Fee Suit
Kimberly-Clark Corp. agreed to settle a proposed class action from participants in the toilet paper company's $4 billion employee 401(k) plan who alleged mismanagement, according to a mediator's report filed in Texas federal court.
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August 12, 2024
Lending Co. Best Egg Can Arbitrate Interest Rate Dispute
Online lender Best Egg can force arbitration of a proposed class action claiming it charged borrowers unlawfully high interest rates, with a Pennsylvania federal judge ruling an online checkbox is enough to indicate borrowers' consent to arbitrate.
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August 12, 2024
Paragard IUD Makers Gearing Up For Defect Dismissal Bid
Teva Pharmaceuticals and The Cooper Cos. have five days to reach out to plaintiffs who may be included in a motion to dismiss the sprawling litigation over alleged defects in the Paragard IUD, a Georgia federal judge said Monday.
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August 12, 2024
Microplastics False Ad Complaint 'Doesn't Hold Water'
An Illinois federal judge has thrown out a proposed class action alleging that BlueTriton Brands Inc. doesn't tell consumers that its Ice Mountain spring water contains microplastics, saying no reasonable consumer would believe "100% natural spring water" is a guarantee down to the molecular level.
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August 12, 2024
TikTok Hit With Another Children's Privacy Breach Suit
A group of parents has filed a proposed class action against TikTok and its parent company in California federal court alleging invasion of privacy and unfair business practices targeting millions of children under age 13 across the United States.
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August 12, 2024
Beyond Meat Escapes Investor Suit Over Production Woes
A California federal judge has tossed a proposed class action accusing vegan burger manufacturer Beyond Meat of securities fraud, saying investors will need to be more specific about what the company's CEO knew at the time he touted the company's allegedly faltering partnerships with fast-food restaurants like McDonald's.
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August 12, 2024
Morgan Lewis Escapes DQ Over Dual Rep. In HSBC OT Case
A New York federal judge on Monday refused to disqualify Morgan Lewis & Bockius LLP counsel from representing a former HSBC branch manager and key witness in an overtime class action against the bank, which the attorneys also defend, ruling the supposed conflict of interest is speculative and could be corrected if needed with informed consent.
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August 12, 2024
Healthcare Co. To Pay Atty Fees In Suit Over Board Diversity
A Maryland federal judge has awarded $850,000 in attorney fees to an Omega Healthcare shareholder who filed a derivative suit against the healthcare investment trust alleging it had a discriminatory policy aimed at keeping Black individuals from being appointed to its board of directors.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 12, 2024
Oil Cos. Get Go-Ahead On $3.5M La. Contamination Settlement
A Louisiana federal judge has granted preliminary approval to a $3.5 million settlement to resolve residents' claims against Occidental Petroleum Corp. and Anadarko Petroleum Corp. over alleged contamination from creosoting facilities, over the objection of co-defendants BNSF and International Paper.
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August 09, 2024
Google Beats Users' Challenge To Apple Pact, For Now
A California federal judge on Friday dismissed, for now, consumers' suit alleging that Google made an illegal pact with Apple to serve as the iPhone's default search engine, a decision that comes days after a D.C. federal court held that Google is a monopolist in a separate antitrust case.
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August 09, 2024
Takeda Should Face Certified Antitrust Classes, Judge Says
A New York federal judge on Friday recommended certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives.
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August 09, 2024
Split 9th Circ. Affirms Ax Of Meta Anti-Vax Censorship Suit
A split Ninth Circuit panel Friday affirmed the dismissal of Children's Health Defense's lawsuit challenging Meta's policy of censoring its anti-vaccine Facebook posts, with the majority concluding that the Robert F. Kennedy Jr.-founded nonprofit failed to show Meta was acting on the government's behalf to state viable constitutional claims.
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August 09, 2024
University's Chicago Campus CEO Can't Dodge Fraud Suit
Students who say University of the Potomac's Chicago campus lured them into applying by lying about its degree-awarding abilities can pursue those claims against the school's CEO but must amend their allegations if they want to keep the school and other administrators in the suit, an Illinois federal judge has ruled.
Expert Analysis
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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Why Calif. Courts Are Split On ERISA Forfeited Contributions
A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.