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Class Action
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February 20, 2025
Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards
Amid a push by Delaware lawmakers to overhaul the First State's corporation law provisions, the state Senate is seeking recommendations aimed at avoiding "excessive" attorney fee awards in corporate litigation, drawing a mixed reaction from lawyers and a corporate law scholar.
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February 20, 2025
Steel Co. Reaches $1.5M Deal In 401(k) Mismanagement Suit
A steel manufacturer has agreed to pay $1.5 million to shutter a class action in Florida federal court claiming it failed to trim high-cost investment funds from its $655 million retirement plan while also neglecting to tamp down on pricey management fees.
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February 20, 2025
Class Action Group Of The Year: Bernstein Litowitz
Bernstein Litowitz Berger & Grossmann LLP's class action practice group helped block Elon Musk's $55 billion compensation plan from Tesla Inc. and won more than $400 million in settlements in an investor suit over the sale of Columbia Pipeline Group to TC Energy, earning it a spot as one of the 2024 Law360 Class Action Groups of the Year.
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February 20, 2025
Bally's And Casino Game Dealers Settle Wage, Tip Suit
Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Meta Should've Preserved Health Tracking Data, Judge Says
A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."
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February 19, 2025
News Site Ditches Suit Over Sharing Of Visitors' IP Addresses
A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law.
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February 19, 2025
Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues
Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.
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February 19, 2025
Constellation Brands Faces Investor Suit Over Profit Slump
Alcoholic beverage company Constellation Brands Inc. has been hit with a proposed shareholder class action alleging it misled investors about attempts to revive its wine and spirits business, which were reportedly shown to be ineffective when the company announced quarterly earnings last month.
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February 19, 2025
Lululemon Gets 'Greenwashing' Ads Suit Tossed
Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.
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February 19, 2025
Casino SPAC Shareholders Sue Execs Over Failed Merger
A public shareholder of a blank check company that failed to merge with a Philippines-based casino has accused the special purpose acquisition company's directors of orchestrating a deal process with "recklessness, deceit, and bad faith," is and seeking damages beyond the $11 million settlement the company struck in another related suit.
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February 19, 2025
Del.'s High-Speed Corporate Law Rework May Blunt Plaintiffs
A fast-moving amendment of Delaware's mainstay corporation law, aimed in part at curbing big fees, limiting some breach of fiduciary claims and stemming a perceived corporate exodus, has left plaintiffs attorneys playing catch-up as the recently revealed measure heads toward a first hearing next month.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit
Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.
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February 19, 2025
3D Printing Co. Escapes Chancery Suit Over $575M Merger
An ExOne Co. investor failed to show why the 3D printer manufacturer should have postponed a shareholder vote over its rival's purchase of the company, a Delaware vice chancellor has ruled, tossing the investor's proposed class action that alleged the company's board of directors breached its fiduciary duties.
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February 19, 2025
3rd Circ. Doubts Alleged Cancer Risk Devalued Drug
A Third Circuit panel on Wednesday seemed skeptical that a woman who bought and used a weight loss drug suffered financial harm after she found out it could cause cancer, with the judges aggressively pushing back on her argument that she did not get what she paid for.
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February 19, 2025
LA Gardasil Trial Against Merck Bagged After 3 Weeks
A Los Angeles state court trial over the alleged dangers of Merck & Co. Inc.'s human papillomavirus vaccine Gardasil was abruptly called off after three weeks of testimony, with a new panel of jurors slated to hear the case next fall instead.
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February 19, 2025
Airlines Can Ask 9th Circ. To Consider Airport Pollution Suit
A Washington judge has cleared Delta Air Lines and Alaska Airlines to ask the Ninth Circuit to weigh in on whether federal regulations governing air travel or jet emissions prevent property owners and residents from suing over alleged flight-path pollution near Seattle's main commercial airport.
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February 19, 2025
Local 11 Must Pay Health Fund's Atty Fees In Sanctions Fight
An Illinois federal judge on Tuesday granted attorneys' fees in connection with work to file a sanctions motion against a union local in a federal benefits lawsuit against their multiemployer union health fund but reduced the total grant to about half of what was requested.
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February 19, 2025
Equinix Shareholder Claims Its Board Manipulated Financials
An Equinix Inc. shareholder lodged a derivative shareholder suit accusing the data center-focused real estate investment trust's executives of manipulating financials to dupe investors, marking the latest legal challenge to arise since an investment research firm first made the claim last year.
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February 19, 2025
Vets Urge 9th Circ. To Bar UCLA From Baseball Lease Row
A group of disabled military veterans asked the Ninth Circuit to uphold a California federal judge's ruling that it's too late for the University of California system to join a suit over a campus that the veterans say should have been used for housing.
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February 19, 2025
Cintas 401(k) Class Counsel Get OK For $1.3M Fee
Counsel for a class of 50,000 people who sued uniform supplier Cintas for mismanaging retirement benefits have been awarded $1.3 million in fees after striking a $4 million settlement with the company.
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February 19, 2025
Buyers Say Berkshire Unit's Threats Raised Prices
A company that buys calsil insulation filed a proposed class action on Wednesday against a Berkshire Hathaway-owned maker of the insulation, claiming a Colorado jury's antitrust verdict shows the manufacturer engaged in anticompetitive practices and passed on monopoly prices to buyers.
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February 19, 2025
3rd Circ. Hints County's Probation Detainers Need Scrutiny
Civil rights advocates told the Third Circuit that Allegheny County, Pennsylvania, is jailing defendants for probation violations too hastily, and the panel appeared open Wednesday to reviving a lawsuit against several county judges for more developments.
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February 19, 2025
Class Action Group Of The Year: WilmerHale
WilmerHale helped Norfolk Southern navigate a wave of class actions over the fiery derailment and chemical spill in East Palestine, Ohio, shepherding it to a $600 million settlement resolving claims for a class of nearly half a million people and earning the firm a spot among the 2024 Law360 Class Action Groups of the Year.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Courts Must Stick To The Science On Digital Addiction Claims
A number of pending personal injury and product liability lawsuits allege that plaintiffs have developed behavioral addictions to the use of social media and video games — but this is not yet recognized by relevant authorities as an addiction, so courts must carefully scrutinize such claims, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.