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Class Action
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July 01, 2025
Arrival Investors Seek Approval For $13.3M Partial Settlement
Investors in bankrupt electric vehicle company Arrival are seeking the OK for a nearly $13.3 million deal to end claims the company presented a flashy, profitable business plan when it went public through a special purpose acquisition company only to scale back its ambitions a year later.
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June 30, 2025
Ill. Judge Skeptical Of Grouping Buyers' THC Potency Suits
An Illinois federal judge seemed unsure Monday that consolidation is right for a group of false advertising suits claiming various cannabis companies illegally mislabel their vapable oil products, saying an omnibus dismissal ruling may not be enough to find such a move warranted.
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June 30, 2025
Proton Joins Fight Over Alleged Apple App Store Monopoly
Swiss technology company Proton on Monday filed its own proposed class action accusing Apple of monopolizing the markets for iOS app distribution and payment processing, saying this latest suit is needed to ensure Apple changes its App Store policies and permanently end the alleged anticompetitive behavior.
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June 30, 2025
9th Circ. Nixes Suit Against Allianz Over $6B Fraud Sentence
A man can't bring securities fraud claims against Allianz SE after one of the German financial services giant's former businesses pled guilty to investment fund fraud and was ordered to pay roughly $6 billion, the Ninth Circuit ruled, finding he failed to sufficiently allege Allianz SE itself acted fraudulently.
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June 30, 2025
Detainees Say Alien Enemies Act Meant For 'Large Scale' War
A group of Venezuelans facing deportation over accusations of gang affiliation told the Fifth Circuit on Monday that the nation's founders didn't intend for a rarely invoked 1798 law to be used for anything other than "large-scale" war.
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June 30, 2025
TD Bank Suit Doesn't Link Data Sharing To Harm, Judge Says
TD Bank has escaped a proposed class action alleging it wrongfully shared customers' personal information with Meta Platforms Inc. for marketing purposes, with a judge ruling that the plaintiff failed to allege what sensitive financial information belonging to him was improperly disclosed.
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June 30, 2025
DOJ Allowed To Protect Antitrust Probe Of Fragrance Market
A New Jersey federal court on Monday granted the U.S. Department of Justice permission to intervene in a case against several fragrance companies after enforcers said they need to protect an ongoing criminal probe of the industry over a conspiracy to reduce competition.
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June 30, 2025
Suit Over TV Money Resumes With NCAA's NIL Deal In Place
An antitrust class action that former college athletes have brought demanding a larger share of television revenues from the NCAA is back on, after it was paused in October pending the final approval of a $2.78 billion name, image and likeness settlement between the league and players.
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June 30, 2025
Vaping Interests Can't Pause New NC E-Cigarette Law
North Carolina officials can proceed with enforcing a law that could prevent the sale of many types of e-cigarettes, a federal judge ruled, rejecting industry arguments that the law runs afoul of the U.S. Constitution's supremacy clause by having state officials enforce federal tobacco law.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Md. Judge Presses DOJ On Baby Deportation Plans
A Maryland federal judge ordered expedited briefing Monday amid an amended bid to block President Donald Trump's birthright citizenship executive order after questioning whether the administration can start deporting babies before a nationwide injunction expires in late July.
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June 30, 2025
Ex-Geico Sales Rep. Denied Class Cert., For Now
A Georgia federal judge on Monday shot down a former Geico call center worker's bid to certify a class of more than 1,000 sales representatives who said the insurance company hasn't paid them for pre- and post-shift work, finding their theory of the case was "not supported by the evidence."
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June 30, 2025
Biotech Co. Stockholders Reach $32M Merger Suit Deal In Del.
Former stockholders of Emisphere Technologies told the Delaware Chancery Court they have reached a $32 million settlement to resolve their suit challenging the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S.
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June 30, 2025
DraftKings Hammers Away At Suit Disputing Voided NBA Bets
DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."
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June 30, 2025
Judge Mulls Mariano's OT Exemption With A Baseball Analogy
An Illinois federal judge considering whether to declassify collectives of grocery store managers claiming a Kroger subsidiary misclassified them as being exempt from overtime pay compared them Monday to baseball player-managers like Pete Rose and pressed the parties to address "when a player-manager is more like a player than a manager."
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June 30, 2025
Healthcare Co.'s $120K Wage Deal Rejected
A healthcare company can't move forward with its $120,000 settlement that resolves a collective action accusing it of failing to pay workers overtime wages for off-the-clock work they performed, a Connecticut federal judge ruled, saying the deal forces several workers to release too broad a spectrum of claims.
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June 30, 2025
Chancery OKs $19.25M Settlement In Weber Squeeze-Out Suit
Grillmaker Weber Inc. public stockholders secured an up to 87-cents-per-share boost Monday over the company's purportedly unfair, $3.7 billion take private sale, when the Delaware Court of Chancery approved a $19.25 million mediated settlement.
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June 30, 2025
UMich Hacking Suit Adds NFL Head Coach Jim Harbaugh
Jim Harbaugh, head football coach for the Los Angeles Chargers, has been named as a defendant in the civil rights lawsuit against former University of Michigan coach Matthew Weiss, who is accused of pilfering the personal information of thousands of female athletes.
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June 30, 2025
High Court Won't Weigh Class Standard In Junk Fax Row
The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.
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June 30, 2025
Justices Undo Patients' Win In Gender-Affirming Care Fight
The U.S. Supreme Court on Monday struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.
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June 30, 2025
High Court Wants Feds' Input On Parker-Hannifin 401(k) Suit
The U.S. Supreme Court asked for the U.S. solicitor general's take Monday on the Sixth Circuit's decision to revive a proposed class action alleging Parker-Hannifin Corp. mismanaged a 401(k) plan, seeking the government's view on the pleading standard for a claim that investment choices breached fiduciary duties.
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June 30, 2025
Justices Will Review Union Fund's Withdrawal Liability Math
The U.S. Supreme Court took up a fight Monday over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, granting an employer-side petition for review of a D.C. Circuit decision favoring a machinists' union.
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June 27, 2025
Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'
The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.
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June 27, 2025
Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths
Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.
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June 27, 2025
Fla. Judge Walks Back Class Cert. In Chili's Data Breach Row
A Florida federal judge who previously certified a class of Chili's customers suing over a 2018 data breach declined to keep that mechanism in place Friday, finding that the revised class definition that was established after the Eleventh Circuit ordered the topic to be reexamined no longer met class certification standards.
Expert Analysis
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Lessons From Pa. Wiretapping Class Action Dismissal
A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.