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Class Action
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July 22, 2024
Approval Sought For $1.2M Deal In Labor Trafficking Suit
A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.
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July 22, 2024
NC Hospital, Patients Nearing Deal In Hacking Suit
Columbus Regional Healthcare System and the patients who accused it of failing to properly protect their personal information at its North Carolina hospital have reached a tentative settlement agreement, according to a new notice asking the Tar Heel State's business court to pause proceedings while they hash it out.
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July 22, 2024
Lack Of 'Smoking Gun' Sinks J&J's Bid To DQ Beasley Allen
The Beasley Allen Law Firm may represent plaintiffs in multicounty talc injury litigation in New Jersey state court, after a judge found Johnson & Johnson failed to show a former Faegre Drinker outside counsel shared information he learned representing the company in earlier talc litigation.
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July 22, 2024
Judge Limits Girardi Clients' Injury Details In Upcoming Trial
Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.
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July 22, 2024
Morgan & Morgan Unit Faces Malpractice Class Claims
Personal injury giant Morgan & Morgan PA's Jacksonville, Florida, unit allegedly misled a Georgia deputy sheriff in his back injury case, costing him potentially hundreds of thousands of dollars, according to a proposed class action the firm has removed to federal court.
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July 22, 2024
Catching Up With Delaware's Chancery Court
A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.
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July 22, 2024
Rising Star: Weil's Pravin Patel
Pravin Patel of Weil Gotshal & Manges LLP successfully defended refrigerator maker Dometic Corp. against multiple class actions asserting billions in damages filed in Florida and California, defeating allegations its refrigerators for RVs leaked coolant and had design defects, earning him a spot among the class action practitioners under age 40 honored by Law360 as Rising Stars.
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July 22, 2024
Ga. Child Therapists Say Employer Cheated Them Out Of Pay
A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.
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July 19, 2024
Jazz Says Narcolepsy Drug Charge MDL Should Be Tossed
Jazz Pharmaceuticals urged a California federal judge to toss claims from insurers and consumers pursuing multidistrict litigation accusing the drugmaker of staving off generic competition to its blockbuster narcolepsy medicine Xyrem through antitrust conduct and deals with other drugmakers, saying the company engaged in "permissible competition."
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July 19, 2024
Utility, Attys 'Colluded' On $178M Ore. Wildfire Deal, Court Told
Berkshire Hathaway-owned utility PacifiCorp is facing allegations from plaintiffs firms that it "colluded" with a trio of other law firms to reach a "paltry" $178 million settlement with survivors of deadly Oregon wildfires allegedly sparked by the utility's equipment, according to a filing in Oregon state court.
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July 19, 2024
9th Circ. Judge Open To Reversing Google's Privacy Win
A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."
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July 19, 2024
Pornhub's Parent Co. Seeks Exit From Trafficking Class Action
MindGeek asked a California federal judge Friday to end a class action filed by individuals who alleged its company Pornhub published sexually explicit videos of them as minors, arguing there's no evidence showing MindGeek promoted child pornography on its sites, and that it removed the videos upon request.
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July 19, 2024
Class Seeks $1.5B Settlement In Payday Loan Dispute
A class of borrowers has urged a Virginia federal court to approve what would be the largest settlement ever obtained in a challenge to participants in the tribal lending industry, arguing that the agreement would give significant relief to hundreds of thousands in the form of debt cancellations and cash payments.
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July 19, 2024
Oracle Inks $115M Deal To End Consumer Data Collection Suit
Oracle America Inc. agreed to pay $115 million to resolve a proposed class action alleging the software company illegally sold internet users' electronic profiles, consumers told a California federal judge, putting to rest a case that has stretched on for nearly two years.
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July 19, 2024
NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half
The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.
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July 19, 2024
Splenda Must Face False Ad Suit Over Diabetes Benefits
The maker of Splenda cannot escape a proposed class action alleging that it has falsely advertised its products as healthy and "suitable for people with diabetes" after a California federal judge found that federal law does not preempt any of claims the consumers made under state laws.
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July 19, 2024
Judge Presses Govt. On Immigrants' Vetting Delays
A Washington federal judge on Friday pushed the government to defend a special national-security immigration vetting program, suggesting that delays in processing applications have left many people seeking citizenship and green cards in "no man's land."
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July 19, 2024
Berkshire Bank Says It's Not At Fault For $90M Ponzi Scheme
Berkshire Bank asked a New York federal judge to toss a proposed class action seeking to hold it liable for providing financial services to a bankrupt local business person whom the investor accused of operating a $90 million Ponzi scheme, saying the investor does not show Berkshire did anything more than provide routine banking services.
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July 19, 2024
Investors Want Merrill, UBS Back In $364M Libor-Rigging Suit
Investors who were allegedly harmed by the manipulation of a widely used interbank lending interest rate have appealed a final judgment that ended claims against major banks and financial services companies in protracted litigation that has garnered settlements totaling $364.5 million.
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July 19, 2024
Boehringer Looks To Toss Inhaler Antitrust Case
Boehringer Ingelheim Pharmaceuticals Inc. urged a Massachusetts federal court to toss a proposed class action accusing it of blocking generic versions of two inhaler medications, saying it has valid patents protecting the products.
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July 19, 2024
Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration
Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.
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July 19, 2024
Elite Schools' $284M Aid-Fixing Deals Get Final OK
An Illinois federal judge on Friday granted his final signoff to $284 million worth of settlements inked by 10 schools accused in a sprawling antitrust case of working together to limit the financial aid they provided, deeming it a fair and reasonable outcome for the class of students.
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July 19, 2024
Plaintiffs Drop Digital 'Wiretap' Suit Over Marketing Software
The plaintiffs in a proposed class action accusing a Colorado software service provider of illegally eavesdropping on visitors' interactions with the CVS.com website have voluntarily dropped their suit, according to a notice filed Friday.
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July 19, 2024
Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
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July 19, 2024
NY Life Workers' $19M ERISA Deal Gets Final Approval
Current and former New York Life workers received final approval for a $19 million deal ending their lawsuit claiming the insurance giant kept inferior proprietary investment options in its employee 401(k) plans.
Expert Analysis
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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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.