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Class Action
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February 28, 2025
Litigant Funding Co. Has No Claim To NFL Concussion Deal
A special master overseeing the NFL's concussion settlement fund told a Pennsylvania federal court in a filing made public Friday that a company that funds litigants' healthcare expenses was correctly denied money from the fund because the rights assigned to it by former players' doctors counted as "prohibited assignments," not the liens the company claimed they were.
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February 28, 2025
Shake Shack Sued Over 'Deceptive' Delivery Fees
Shake Shack Inc. charges its customers "deceptive fees" when they use the fast casual chain's website and app to order food delivery, according to a proposed class action removed to California federal court.
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February 28, 2025
Aimmune Shareholders' $27.5M Deal Over Sale To Nestle OK'd
Aimmune Therapeutics Inc. stockholders won preliminary approval in California federal court on Friday for a $27.5 million settlement of their securities fraud class action alleging that Aimmune was falsely undervalued before its merger with Nestlé Health Science SA.
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February 28, 2025
Bioventus Hit With Del. Derivative Suit After NC Class Deal
A Bioventus Inc. stockholder sued 15 current and former directors and officers of the medical device venture in Delaware's Court of Chancery to recover for the company tens of millions in losses tied to alleged mismanagement and corporate duty failures over a two year period.
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February 28, 2025
GM Parking Defect Suit Dismissed After Settlement
A Michigan federal judge has dismissed a class action alleging General Motors LLC sold vehicles with a defective shifter that couldn't detect when the vehicles are in park following a notice that the parties had reached a settlement.
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February 28, 2025
Aetna, Optum To Pay $8.3M To End ERISA Fee Suit
Aetna Inc. and OptumHealth Care Solutions LLC will pay $8.3 million to settle 88,000 patients' claims that they were overcharged in a scheme to hide administrative fees as medical expenses, nearly three months after OptumHealth said it was pulling out of the deal.
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February 28, 2025
Online Test Proctor Sued Over Calif. Bar Exam Malfunctions
ProctorU Inc., which does business as Meazure Learning, was hit with a nationwide class action in California federal court Thursday for its alleged failure to properly administer the state's February bar exam, despite mounting technical issues during the run-up to the test.
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February 28, 2025
Colo. Corrections Dept. Says No Pay Needed For On-Call Time
A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.
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February 28, 2025
3M Wants Texas 'Forever Chemical' Suit Tossed
3M Co. told a Texas federal judge that the Lone Star State's lawsuit accusing chemical manufacturers of selling forever chemical-containing products despite knowing they present health risks to humans should be tossed because the court doesn't have jurisdiction over the companies.
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February 28, 2025
Time To Abolish IPO 'Bureaucracy,' Law Professor Says
The U.S. Securities and Exchange Commission's long-established practice of vetting initial public offering filings through back-and-forth comment letters with companies — essentially a screening process intended to rectify faulty disclosures before public dissemination — is a bureaucratic relic that should be done away with, a law professor argues.
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February 28, 2025
Missouri Judge Won't Step Aside From Plastics Recycling Suit
A Missouri federal judge denied petrochemical companies' request that he recuse himself from a proposed class action accusing them of misleading people about plastic's recyclability due to his wife's position as a Kansas City council member.
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February 27, 2025
Ford's Electric Mustang Can Trap Occupants, Drivers Say
The Ford Motor Co.'s electric Mustang's electronically latched doors could pose a significant danger and trap the car's occupants in the event of a battery failure or loss of power to the vehicle, according to a proposed class action filed Thursday in California federal court.
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February 27, 2025
Meta's Held-Back Docs In AI Suit Merit Discovery, Authors Say
The California federal judge overseeing a proposed class action claiming Meta Platforms Inc. is using copyrighted material to train its large language model product said Thursday he will consider allowing the author plaintiffs more discovery in response to the tech giant's assertion that it had "inadvertently" held back up some 18,000 documents.
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February 27, 2025
Apple Falsely Touted Watches As 'Carbon Neutral,' Buyers Say
Apple Watch purchasers on Wednesday lodged a proposed class action in California federal court, claiming that the tech giant marketed various smartwatch products as "carbon neutral" despite Apple not actually providing "genuine, additional carbon reductions."
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February 27, 2025
Norfolk Southern Escapes Investors' Derailment Fraud Suit
A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.
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February 27, 2025
PennyMac Can't Avoid Investors' Suit Over Post-Libor Rate
A California federal judge has ruled PennyMac's mortgage investment arm must face a suit accusing it of using last year's discontinuation of Libor to unlawfully lock in a lower dividend for some of its preferred stock, saying the plaintiffs have adequately pled that the company violated the LIBOR Act when it issued dividends at a fixed rate.
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February 27, 2025
11th Circ. Urged To Revive Captivity Claims Against Cruise Co.
Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.
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February 27, 2025
Black Homebuyers' Predatory Loan Settlement Gets Final OK
A Michigan class of Black homebuyers have gotten final approval for their $750,000 deal to end claims against real estate companies and their investors who allegedly bought up run-down Detroit properties to sell with abusive lending terms.
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February 27, 2025
Lottery.com Investor Suit Over IPO Disclosures Trimmed
A New York federal judge trimmed a consolidated securities suit against third-party lottery website Lottery.com, tossing a handful of alleged misstatements made before its merger with a special purpose acquisition company and claims several of the individual defendants pushed through the merger for their financial gain, among other things.
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February 27, 2025
US Vision Beats Suit Over 2021 Ransomware Attack
A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.
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February 27, 2025
$40M Deal OK'd For Suit Over Emergent Vax Flub
A Maryland federal judge approved a $40 million settlement between Emergent BioSolutions Inc. and a class of investors claiming that it misled them about its ability to meet the demands of two high-profile contracts to produce components of COVID-19 vaccines, leading the stock price to tumble after production deficiencies were discovered.
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February 27, 2025
CVS Freed From Hospital's Suit Over Drug Pricing Program
A Pennsylvania hospital's antitrust lawsuit claiming CVS forced healthcare providers participating in a federal discount drug program to go through the pharmacy chain's administrator has been tossed, with a federal judge ruling the hospital fell short in its allegations of anticompetitive behavior.
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February 27, 2025
Ex-Worker Says Manufacturer Fails To Pay For Off-Clock Work
A pharmaceutical manufacturing company requires hourly employees to perform tasks before and after their shifts but fails to compensate them for this extra time, a proposed class and collective action filed in Washington federal court said.
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February 27, 2025
Court Reporters Group Says Antitrust Suit Must Be Tossed
A professional association for court reporters asked a New Jersey federal court on Thursday to toss an antitrust case against the group, saying the proposed class action misconstrues its policies and ignores that states set the certification requirements.
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February 27, 2025
Del. Corp. Litigation Bill Already Turning Up In Other Cases
A fast-moving legislative push to curb some stockholder litigation and large class attorney fees in Delaware courts is getting more pushback, two weeks ahead of an initial state Senate hearing on the measure.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.