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Class Action
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June 24, 2025
Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short
Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.
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June 24, 2025
Judge Trims Homebuyer Antitrust Claims Against Brokerage
A Pennsylvania federal judge found homebuyers showed enough to continue claims that brokerage Hanna Holdings effectively inflated costs for buyers by following rules set by the National Association of Realtors, even while rejecting claims that the firm colluded with competitors.
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June 24, 2025
Anthropic Can Train AI On Books But Faces Trial On Pirating
A California federal judge said artificial intelligence firm Anthropic can use books to train its LLM under the principle of fair use, but said the company would go to trial against a group of authors over the storage of millions of pirated books.
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June 24, 2025
Pot Dispatcher Can't Upend Co-Worker's $400K Wage Deal
A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.
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June 23, 2025
Visa Defeats Class Claims Over Third-Party Gift Card Scams
A New York federal judge on Monday threw out a proposed class action accusing Visa of knowingly peddling gift cards that are susceptible to scams, ruling that "no reasonable consumer would fail to recognize the possibility that a gift card they bought may be subject to a third-party scam."
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June 23, 2025
Deep-Sea Mining Co. Beats Investors' Accounting Fraud Suit
A California federal judge has tossed an investor suit accusing deep sea miner The Metals Co. Inc. and its top brass of flawed accounting related to a strategic partnership, saying the plaintiffs failed to adequately plead the challenged statements were false or that the defendants acted with knowledge of wrongdoing.
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June 23, 2025
Judge Lets Trimmed Crocs Shrinkage Suit Proceed
Consumers who sued Crocs Inc. claiming their shoes shrank under normal heat and exposure to the sun saw their claims partially trimmed by a California federal judge, who said the buyers haven't pointed to specific ads that say the footwear is made for sunny days.
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June 23, 2025
Teladoc Says Investor Suit Over User Losses Is 'Illogical'
Telemedicine giant Teladoc Health Inc. and two of its executives seek to shed a proposed investor class action, telling a New York federal judge the shareholder suit makes "illogical" claims that they lied about post-pandemic increases in customer acquisition costs for the company's flagship mental health counseling platform.
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June 23, 2025
Olaplex Cites Slack Ruling In Attempt To Curtail Investor Suit
Hair care brand Olaplex is urging a California federal judge not to certify a class of investors who allege the company failed to flag a regulatory risk ahead of its initial public offering, arguing that "at a minimum" the proposed class should be narrowed under the rubric of the U.S. Supreme Court's 2023 Slack decision.
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June 23, 2025
Google Foes Try To Hold Co. To DOJ's Ad Tech Win
Website publishers, advertisers and others asked a New York federal court to all but seal Google's fate in their multidistrict litigation targeting the company's advertising placement technology business by holding it to the liability findings against the search giant previously won by the U.S. Department of Justice.
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June 23, 2025
Mullen Auto Investors' $7.25M Settlement Gets Final OK
A California federal judge has granted final approval to a $7.3 million settlement between Mullen Automotive Inc. and a class of its investors that alleged the company made misrepresentations about its revenues and order volumes to inflate share prices ahead of a merger.
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June 23, 2025
$12M Deal Proposed For Sports Bet SPAC Suit In Chancery
Parties in a deal that took public a pair of online gambling companies once valued at $4.75 billion in 2022, including a brother of NFL Commissioner Roger Goodell, have tentatively agreed to a $12 million settlement for a Delaware Court of Chancery stockholder suit alleging overstated share values and understated risks.
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June 23, 2025
Fubo Streamers Demand Own Attys In Disney Suit Settlement
Subscribers to the Fubo streaming service asked a California federal judge to name them and their attorney the leads in the recent proposed settlement with Disney over the carriage fees for its sports streaming service, and to be "wary" of a motion to appoint the attorney for the two other classes of streaming customers as lead counsel.
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June 23, 2025
Imerys Ditches Italian Talc Unit In Updated Ch. 11 Plan
Bankrupt talc producer Imerys Talc America has filed an updated Chapter 11 plan that contemplates the dismissal of its Italian affiliate from the case, noting that skepticism from a Delaware bankruptcy judge about the unit's ability to survive a challenge to its bankruptcy filing led to the decision.
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June 23, 2025
Small Biz Benefits Brokerage Faces Ga. Suit Over Data Breach
An Atlanta-based provider of healthcare benefits, payroll and other human resources functions for small businesses, was hit with a proposed class action in Georgia federal court over allegations that it failed to properly safeguard the personally identifiable information of its customers during a 2024 data breach.
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June 23, 2025
Illinois Judge OKs CalTech Aid-Fixing Deal Amid Ethics Claim
An Illinois federal judge gave his final blessing Monday to a $16 million settlement between California Institute of Technology and students who claimed the university conspired to limit financial aid offerings, telling a class counsel associate to bring his free allocation concerns in a motion rather than a letter.
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June 23, 2025
Aflac Hit With Data Breach Class Action In Ga.
Aflac Inc. was sued Saturday in Georgia federal court over allegations that it failed to safeguard the personally identifiable information and protected health information of its customers during a recent data breach.
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June 23, 2025
Ohio Debt Collector Calls Robocall Claims Too Thin To Pursue
A debt collection agency in Marietta, Ohio, asked a federal judge to toss part of a proposed class action brought against it for allegedly violating the Telephone Consumer Privacy Act by placing unsolicited robocalls to debtors, saying the suit failed to allege that the company actually used automatic calling systems.
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June 23, 2025
Justices Drop 'Third Country' Removal Due Process, For Now
A divided U.S. Supreme Court ruled Monday that the Trump administration can send noncitizens facing deportation to countries where they have no prior ties without providing due process protections, including written notice or a chance to raise concerns about their future safety.
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June 23, 2025
Litigation Funders Fight 'Kill Shot' In 'Big Beautiful Bill'
Litigation funders are in panic mode over a provision in the massive federal spending bill that would impose a 41% punitive tax on the $16 billion industry, with one executive calling it a "kill shot" and an academic warning it amounts to "unprecedented" weaponization of the U.S. tax code.
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June 23, 2025
Walgreens Tossed From L'Oreal Hair Relaxer Cancer MDL
An Illinois federal judge has thrown out the lone complaint naming Walgreen Co. as a defendant in multidistrict litigation against L'Oréal USA Inc. alleging that it made, and that retailers sold, hair relaxer products that could cause cancer.
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June 23, 2025
Ex-SEC Atty Joins Bernstein Litowitz After Musk Fight
The U.S. Securities and Exchange Commission's former chief litigation counsel announced on Monday that he is joining investor-side firm Bernstein Litowitz Berger & Grossmann LLP as a partner in New York following a courtroom battle with Elon Musk that threatened to end his employment before it began.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Kennedys Expands With Litigators In Philly, Midwest
Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.
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June 23, 2025
East Lansing To Pay $7.8M After High Court Energy Fee Ruling
East Lansing, Michigan, has agreed to pay $7.8 million to its residents for an electric bill charge that the Michigan Supreme Court deemed to be a hidden tax.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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2 Cases Show DAOs May Face Increasing Legal Scrutiny
Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.