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Class Action
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July 26, 2024
Colorado Cases To Watch 2024: A Midyear Report
Colorado is at the forefront of state challenges to Kroger's $24 billion proposed merger with Albertsons, regulators are defending a high-cost lending crackdown, and state justices could change how insurers navigate bad faith suits. Here are some of the Colorado cases to watch in the second half of 2024.
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July 25, 2024
Seattle, Monsanto Ink $160M Deal Over PCBs In Duwamish
Bayer AG's Monsanto Co. has agreed to pay $160 million to resolve allegations that it contaminated Seattle's stormwater and drainage systems as well as the Lower Duwamish Waterway with polychlorinated biphenyls, the city attorney's office announced Thursday.
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July 25, 2024
Wells Fargo Says Sham Enrollment Claims Are Too Old
A proposed class's claims accusing Wells Fargo of attempting to shortchange customers after surreptitiously signing them up for unwanted financial products are time-barred, vague and "implausible," and therefore cannot proceed, the bank told a California federal court.
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July 25, 2024
Google Wants To Keep 'Monopolistic Status Quo,' Epic Says
Epic Games assailed Google on Wednesday for overcomplicating and overpricing changes to the Play Store required by the gaming giant's antitrust jury win, arguing that what Google says are needed security and maintenance protocols are just the latest effort to relitigate the case and "weaken the remedy."
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July 25, 2024
Newsom Cites High Court In Ordering Encampments Cleared
California Gov. Gavin Newsom on Thursday ordered state agencies to start removing homeless encampments on state property while providing outreach services to homeless residents following a recent U.S. Supreme Court ruling that gave governments broader authority to ban camping in public.
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July 25, 2024
11th Circ. Won't Rehear State Farm Auto Policy Coverage Row
A three-judge panel in the Eleventh Circuit said Thursday they won't rehear their decision dismissing a proposed class action brought by a State Farm policyholder alleging that the insurer's denial of coverage for her medical expenses following a car accident was based on an ambiguous "reasonableness" standard.
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July 25, 2024
Embattled Texas Law Firm Wants More Time For Ch. 11 Plan
Troubled Houston law firm MMA Law asked a Texas bankruptcy court to extend the exclusivity period to file a Chapter 11 plan for 120 more days, with a current filing exclusivity period set to end in early August.
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July 25, 2024
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP
Alerus Financial NA defeated a lawsuit claiming it unlawfully let the former owners of a tree care company take a large portion of the business's $34 million sale price, with a California federal judge saying the new owners can't sue on behalf of a defunct employee stock ownership plan.
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July 25, 2024
California Disses Chamber's Climate Compliance Attack
The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.
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July 25, 2024
Solar Tech Co. Investor Drops Securities Action
An Enphase Energy Inc. shareholder told a California federal judge he's voluntarily dismissing a proposed class action alleging the energy technology company and its executives had failed to disclose slow growth trends.
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July 25, 2024
Prime Subscribers Say Amazon Can't Dodge Privacy Suit
A group of Prime subscribers told a federal court on Wednesday that Amazon cannot sidestep privacy claims in their proposed class action, arguing the possibility the tech giant shares their personal information with advertisers is enough to keep the case alive.
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July 25, 2024
6th Circ. Judge Questions GM's Arbitration Argument Delay
A Sixth Circuit judge pressed General Motors on Thursday about why it waited three years to argue that some plaintiffs were bound by arbitration agreements in a class action over allegedly defective transmissions, saying a major car company should be aware most consumers sign such contracts.
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July 25, 2024
Plaintiffs Can't Expand Beef Price Fixing Suit, Court Told
Beef producers defending against antitrust claims are telling a Minnesota federal judge that a proposed class of ranchers are too late to take their newest proposed complaint to court, arguing that the case should be permanently tossed after two failed attempts to get past the pleading stage.
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July 25, 2024
Binance, Ex-CEO Say FTX Users Can't Blame Them For Fallout
Crypto exchange Binance, its former CEO and its U.S. arm told a Florida federal judge that a lawsuit from spurned users of now-defunct competitor FTX wrongly tries to blame two social media posts from Binance founder Changpeng Zhao for FTX's stunning collapse rather than the fraudulent conduct of FTX executives.
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July 25, 2024
NCAA, Schools Want Out Of Suit Fighting Trans Eligibility
As a private organization, the NCAA cannot be sued for violating an athlete's Title IX rights and should be dropped from the proposed class action that seeks to overturn its transgender athletes eligibility rules, the NCAA has told a Georgia federal court.
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July 25, 2024
Samsung Might Not Control Face App Data, Ill. Judge Rules
An Illinois federal judge on Wednesday threw out a putative class action alleging facial-recognition technology in an application on Samsung smartphones and tablets violates the state's privacy law, saying while the company controls the app and its technology, there's no claim it receives the app's data or even has access to it.
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July 25, 2024
GSK To Remove '100% Natural' Chapstick Labels To End Suit
A class of consumers is asking a California federal judge for approval of a settlement to end claims that chapstick made and sold by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC and Pfizer Inc. was deceptively marketed as "100% Natural."
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July 25, 2024
Morgan & Morgan Pushes To Arbitrate Malpractice Claims
Morgan & Morgan PA's Jacksonville, Florida, unit wants a Georgia deputy sheriff's malpractice case sent to arbitration, saying he signed a representation agreement with the firm related to a back injury case that included an arbitration clause.
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July 25, 2024
Foley Hoag Hit With Overtime Wage Suit By NY Support Tech
A former support technician at Foley Hoag LLP accused the firm of "egregious violations of wage and hour laws" in a lawsuit filed Wednesday in New York federal court.
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July 25, 2024
Via Renewables Investor Sues In Chancery Over Buyout Deal
A former common stockholder of Via Renewables Inc. has sued the Houston energy company's board members and controlling stockholders in Delaware's Court of Chancery, alleging they breached their fiduciary duties in connection with a June 13 buyout that took the company private.
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July 25, 2024
Vanguard Opposes Investors' Cert. Bid In Tax Liability Suit
A group of investors accusing Vanguard of violating its fiduciary duties by triggering a sell-off of assets that left smaller investors with massive tax bills shouldn't be granted class certification, the asset manager told a Pennsylvania federal court.
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July 25, 2024
Fisher-Price, Mattel Ink $19M Deal Over Recalled Baby Sleeper
Fisher-Price and parent company Mattel asked a Buffalo federal judge for preliminary approval for a $19 million payment to settle a class action over a recalled baby sleeper that a group of consumers claims was falsely advertised as safe.
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July 25, 2024
Rising Star: Tycko & Zavareei's Annick M. Persinger
Annick M. Persinger of Tycko & Zavareei LLP has served as lead class counsel for a $22.5 million deal with StubHub over hidden ticket fees, a $38 million settlement with Rodan & Fields, a multimillion-dollar settlement with insurance companies over allegations that they failed to pay people the full value of their totaled vehicles, and other high-profile consumer class actions, earning her a spot among the class action practitioners under age 40 honored by Law360 as Rising Stars.
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July 25, 2024
Manufacturer Dodges Workers' 401(k) Fee Suit, For Now
An Illinois federal judge threw out two workers' lawsuit accusing a manufacturing company of saddling its $1.6 billion retirement plan with excessive recordkeeping and administrative fees, but left the door open for them to revise their complaint.
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July 24, 2024
Google, Ill. Parents Reach Deal In Grade School BIPA Dispute
Google and parents who accused the tech giant of illegally harvesting their grade school daughters' biometric data have reached a settlement in the putative class action and want the suit sent back to state court to finalize the agreement, they have told an Illinois federal judge.
Expert Analysis
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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Steps To Reduce CIPA Litigation Risks For Companies
As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.
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3 Notification Pitfalls To Avoid With Arbitration Provisions
In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.
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Handling Neurodivergence As The Basis Of Disability Claims
Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.
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Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.
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Wildfire Challenges For Utility Investors: Regs And Financing
For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.
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Del. Dispatch: How Moelis Upends Stockholder Agreements
The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.