Class Action

  • October 10, 2024

    Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal

    Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.

  • October 10, 2024

    Northern Trust Strikes Deal To End 401(k) Management Suit

    The Northern Trust Co. has agreed to settle a proposed class action claiming the financial services company weighed down its 401(k) plan with underperforming proprietary fund options, according to filings in Illinois federal court Thursday.

  • October 10, 2024

    3M Can't Put Pause On Connecticut Firefighters' PFAS Suit

    A Connecticut federal judge on Thursday declined to let 3M Co. and other companies put a stay on a proposed class action by firefighters alleging their turnout gear contains so-called forever chemicals while the Judicial Panel on Multidistrict Litigation decides whether to roll it into a South Carolina MDL.

  • October 10, 2024

    Ohio Seeks To Halt Depositions In FirstEnergy Investor Suit

    The state of Ohio wants to halt certain depositions and other discovery in a securities suit stemming from the FirstEnergy bribery scandal, saying it could interfere with criminal charges against two of the utility company's former executives, according to an intervenor motion filed Thursday.

  • October 10, 2024

    Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight

    A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.

  • October 10, 2024

    3M, Other Cos. Hit With PFAS Contamination Class Action

    Nantucket, Massachusetts, residents seek to hold the 3M Co., The Chemours Co. and other companies liable for perfluoroalkyl and polyfluoroalkyl substances that allegedly contaminated their properties, their drinking water and the residents themselves.

  • October 10, 2024

    Chancery OKs $125M Deal, Fees In Discovery Merger Suit

    Declaring it "a great settlement," a Delaware vice chancellor approved on Thursday a near chart-topping, $125 million deal to end stockholder challenges to Discovery Inc.'s $43 billion merger with AT&T in 2022, an amount eclipsed only by a $148.2 million pretrial deal in a 2016 case.

  • October 10, 2024

    Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says

    The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.

  • October 10, 2024

    Suits Over JPMorgan Cash Sweeps Program Merged In NY

    A New York federal judge has combined two proposed class actions accusing JPMorgan Chase of underpaying interest on customers' cash sweep accounts, a claim multiple banking giants are currently facing in consumer and regulatory actions.

  • October 10, 2024

    Target Made Inflated Claims About Gas Pills, Shoppers Allege

    Target customers hit the retailer with a putative class action lawsuit in New York federal court Wednesday alleging its line of Up & Up gas relief pills is not "maximum strength" as the label contends, and other similar medications have higher concentrations of key ingredients.

  • October 10, 2024

    Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd

    A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.

  • October 10, 2024

    SeaWorld Wraps Up Suit Over COVID Severance Pay

    SeaWorld has inked settlements with two employees to resolve a California federal court suit claiming the business ignored its policies by failing to pay employees severance when they were furloughed during the COVID-19 pandemic.

  • October 10, 2024

    Teva To Pay $450M To Settle Kickback Cases

    Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.

  • October 10, 2024

    Gunster Reaches Deal In One Of Two Data Breach Actions

    Gunster has struck a settlement agreement in one of the two proposed class actions it faces in Florida federal court over a 2022 data breach, while the plaintiffs in the second case urged the court the same day to reject the law firm's dismissal bid in their suit.

  • October 10, 2024

    Ivy League Athletes Whiff On Scholarship Antitrust Suit

    A Connecticut federal judge on Wednesday snuffed out a proposed antitrust class action from college athletes challenging the Ivy League's longstanding ban on athletic scholarships, ruling the complaint did not identify a specific market harmed by the policy.

  • October 10, 2024

    Quinn Emanuel Adds Of Counsel Atty, 6 Associates In Miami

    Quinn Emanuel Urquhart & Sullivan LLP's 3-year-old Miami office has just surpassed the 20-lawyer mark with the addition of seven attorneys in the past two months.

  • October 09, 2024

    Team Of 3 Firms Seeks To Lead UBS Cash Sweep Case

    Two UBS customers suing the investment bank on allegations of shortchanging them with low-yielding cash sweep accounts moved Tuesday to consolidate their proposed class actions in New York federal court and install three firms at the helm.

  • October 09, 2024

    Uber Can't Claw Back Safety Update Doc In Sex Assault MDL

    A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.

  • October 09, 2024

    Atty, Claims Firm Barred From Soliciting Foreclosure Class

    A Michigan law firm and a third-party claims firm agreed Wednesday not to solicit potential members to an action alleging Michigan counties kept profits from foreclosures of tax-delinquent properties, following a meeting with class attorneys who had urged a judge to bar them from attempting to poach class members.

  • October 09, 2024

    Judge OKs $9M Data Hack Deal, Asks How Public Views Fees

    A Washington federal judge on Wednesday approved an $8.8 million settlement that ended a consolidated data breach class action against a Hearst Health unit, but not before pondering how the public might perceive the deal, in which one-third of the money is going toward legal costs.

  • October 09, 2024

    Ohio Worker Says Health Co. Doesn't Pay OT Or Promised Wages

    An Ohio healthcare worker has accused provider CareStar Inc. of unlawfully denying her and a proposed class of current and former employees overtime pay and failing to fork over supplemental pay the company promised her.

  • October 09, 2024

    9th Circ. Doubts 'Weak' Jeep Transmission Defect Suit

    A Ninth Circuit panel appeared skeptical Wednesday about reviving a putative class action over alleged defects in the automatic transmission systems of some Jeep and Dodge car models, with one appellate judge saying the plaintiff has "a weak case." 

  • October 09, 2024

    Settlement Approved For DACA Loan Discrimination Suit

    A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.

  • October 09, 2024

    Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files

    Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.

  • October 09, 2024

    NY Mets Parent Co. Accused Of Selling Biometric Data For Profit

    Sterling Mets LP — the owner of the New York Mets baseball franchise — has been hit with a proposed class action alleging that it illegally shares biometric identifier information from Citi Field's visitors for a profit.

Expert Analysis

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

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    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Devil's In The Details On FDCPA, Article III Standing

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    The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Examining Illinois Genetic Privacy Law Amid Deluge Of Claims

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    After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.

  • Standardizing Early Case Appraisal In Securities Class Actions

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    While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

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    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • Key Antitrust Class Certification Questions Remain Unclear

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    The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Keeping Up With Class Actions: A New Era Of Higher Stakes

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    Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.

  • What's Notable In JAMS' New Mass Arbitration Rules

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    The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

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