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Class Action
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September 04, 2024
Ex-Twitter Worker Class Conditionally Certified In Age Bias Suit
A California federal judge has conditionally certified a collective action on behalf of former Twitter workers aged 50 and older who were fired after Elon Musk acquired the company, saying while this isn't the stage "to weigh the evidence," the complaint shows "beyond mere speculation" Twitter may have discriminated against older employees.
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September 04, 2024
Solana Labs Denied Arbitration In Token Crypto Fraud Suit
A California federal judge has denied a motion to compel arbitration in a suit alleging Solana Labs Inc. and its key investors promoted and sold Solana cryptocurrency tokens as unregistered securities, saying that Solana failed to prove that the lead plaintiff agreed to the terms of service that included an arbitration clause, among other things.
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September 04, 2024
PVC Pipe Makers Accused Of Price-Fixing
A Tennessee farmer has hit the country's biggest PVC pipe manufacturers with a proposed price-fixing class action, claiming that since at least 2021 they've been colluding through a reporting agency to raise prices for consumers.
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September 04, 2024
Ex-NFLers Seek Class Cert. To Challenge 'Sham' Benefits
Former NFL players suing the league's disability plan for denying them benefits have asked a Maryland federal judge to certify a vast class of aggrieved ex-pros, excoriating the "sham claims process" that left them out in the cold.
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September 04, 2024
Ga. Justices Affirm Rejection Of Class In Patient Privacy Suit
The Georgia Supreme Court said Wednesday that a Fulton County trial court acted within its discretion when it denied class certification for a suit over a release of patient records from a private mental health hospital, overturning a Georgia Court of Appeals ruling.
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September 04, 2024
Boston College Workers Unveil $330K 401(k) Suit Deal
A proposed class of Boston College employees asked a Massachusetts federal court to approve a $330,000 settlement with the school to end claims that it paid unnecessarily high recordkeeping fees on its 401(k) plans.
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September 03, 2024
Dave's Killer Bread Judge Rips Attys For 'Flooding' Docket
A California federal judge admonished attorneys for both parties in a proposed class action alleging Dave's Killer "Good Seed" bread deceptively advertises the loafs as containing 5 grams of protein, slamming counsel for "flooding" the docket with "entirely unnecessary" motions and warning she'll sanction them if their conduct continues.
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September 03, 2024
8th Circ. Again Scraps Class Cert. For TD Ameritrade Clients
The Eighth Circuit reversed Tuesday a lower court's ruling certifying a class of TD Ameritrade clients for the second time in a lawsuit alleging the stockbroker routed orders to trading venues that didn't always provide the best execution, rejecting the named plaintiff's new class-wide damages theory based on commissions.
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September 03, 2024
Teva Investors Get Go-Ahead To Resume Kickbacks Class Suit
A shareholder's certified class action against pharmaceutical company Teva can resume after being paused for two years, as the company says it is working towards a settlement with the U.S. Department of Justice over related claims it used kickbacks to raise the price of its multiple sclerosis drug Copaxone, a Philadelphia federal judge has decided.
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September 03, 2024
7th Circ. Upholds Arbitration In Menards Hidden Fees Suit
The Seventh Circuit on Tuesday upheld a decision to compel arbitration in a proposed class action claiming that home improvement retailer Menards used a hidden pickup service fee to manipulate its prices, saying the company provided "reasonably conspicuous" notice of its terms on the page where the lead plaintiff completed her online order.
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September 03, 2024
2nd Circ. Backs Toss Of Ericsson Investors' ISIS Bribes Suit
The Second Circuit on Tuesday upheld a New York federal judge's decision to toss an investor class action against telecom giant Ericsson and several members of its top brass over claims that they hid knowledge of possible bribes to the Islamic State from U.S. investors and committed other violations of federal securities laws.
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September 03, 2024
Alphabet Beats Investor Suit Over Antitrust Issues, For Now
A California federal judge on Tuesday tossed a proposed securities fraud class action against Google and its parent company Alphabet Inc., saying investors failed to adequately allege that Google intended to deceive them when responding to a congressional query on concerns of anti-competitive ad tech practices.
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September 03, 2024
PE Firm Investors Say False SEC Filings Caused Big Losses
Private equity firm Migom Global Corp., its subsidiary bank and its CEO have been named in a proposed securities class action alleging they inflated financial statements filed with the U.S. Securities and Exchange Commission to conceal their diversion of tens of millions of dollars in customer deposits to personal ventures.
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September 03, 2024
Super Micro Faces Investor Suits Over Short Seller Report
Artificial intelligence server manufacturer Super Micro Computer Inc. has been hit with at least three investor lawsuits in California federal court over claims its shares fell by about 20% after a short seller report accused it of violating its previous settlement with the U.S. Securities and Exchange Commission over accounting improprieties.
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September 03, 2024
Logan Paul Blasts CryptoZoo Investors' 'Scattershot' Pleading
YouTube personality Logan Paul said Tuesday that renewed fraud accusations from buyers of his failed crypto project amount to a "shotgun pleading" that lumps him in with his former business partners.
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September 03, 2024
Ivy Leaguers Withdraw Opposition To NCAA's $2B NIL Deal
Two Brown University athletes have withdrawn their opposition to the NCAA's proposed $2.78 billion name, image and likeness settlement, telling a federal judge in California on Tuesday that they've been assured it will not impact their own antitrust case against several Ivy League schools.
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September 03, 2024
Phone Co. Sued In Del. For CEO Spending, Crypto Asset Docs
An OSOM Products Inc. stockholder has sued the crypto-focused former cellphone-maker for books and records access, citing allegations that CEO and controlling stockholder Jason Keats has diverted company assets for personal use and other undisclosed dealings involving OSOM and Solana cryptocurrency.
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September 03, 2024
No BIPA Exception For OTC Glasses, Ill. Judges Say
An Illinois appellate court has held that someone trying on nonprescription sunglasses with an online try-on tool isn't considered a patient in a healthcare setting, dooming a glasses retailer's attempt to end the biometric privacy lawsuit it faces.
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September 03, 2024
Bill-Pay Co. Says Judge Already Scrapped Wash. CPA Claims
An online bill-pay platform has urged a Washington federal judge to throw out a consumer's proposed class action accusing the company of disguising itself as an official processor for legitimate service providers, pointing to disclosures on its website that the district court has already highlighted when dismissing comparable claims.
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September 03, 2024
Turf Farm Can't Claim Agricultural OT Exemption, Judge Rules
The work H-2A visa workers performed for a turf farm doesn't represent the agricultural work that would be exempt from overtime under the Fair Labor Standards Act, a Missouri federal judge ruled Tuesday, handing the workers a partial win in their overtime suit.
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September 03, 2024
Pharma Co., State Street Hit With Pension Annuity Suit
Bristol-Myers Squibb retirees hit the pharmaceutical giant and its investment adviser, State Street, with a class action Tuesday in New York, alleging they breached their fiduciary duty to pensioners by converting pension benefits into annuity insurance contracts using a provider that wasn't the safest available.
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September 03, 2024
Colo. AG Says Tenants Can Sue Blackstone Over Lease Terms
Colorado Attorney General Phil Weiser urged the state's Supreme Court on Friday to find that tenants can sue a group of Blackstone subsidiaries for deceptive trade practices over lease agreements that allegedly misrepresent the rights of tenants.
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September 03, 2024
Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case
The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.
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September 03, 2024
Healthcare Co. Can't Sink Retirement Plan Management Suit
A Massachusetts federal judge refused to toss a proposed class action against Cape Cod Healthcare from ex-workers alleging mismanagement of their employee retirement plan, finding workers had plausibly alleged retirees lost out on millions of dollars because of higher recordkeeping costs and subpar investment options.
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September 03, 2024
Duane Morris Wants Bulk Of Atty's Equal Pay Suit Tossed
Duane Morris LLP is asking a California federal court to toss most of the claims in a proposed class action alleging the firm systemically underpaid female and nonwhite attorneys, saying the attorney who filed the complaint has been fairly treated and compensated and her claims lack validity.
Expert Analysis
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early
After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.
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Del. Dispatch: 27.6% Stockholder Not A Controller
The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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Loss Causation Ruling Departs From Usual Securities Cases
A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.