Class Action

  • October 15, 2024

    10th Circ. Won't Reboot Short Sellers' Suit Against Overstock

    In a decision dealing with matters of first impression, the Tenth Circuit on Tuesday declined to revive a hedge fund's proposed class action accusing Overstock.com Inc. and its leadership of manipulating the market when it said it would pay shareholders using cryptocurrency but abandoned the plan to force short sellers into a "squeeze."

  • October 15, 2024

    Conn. AG Ends Challenge To Pay-To-Stay Prison Law

    The state of Connecticut and three people formerly imprisoned have agreed to dismiss a proposed class action challenging a 1997 law that allowed the state to bill people in prison nearly $118,000 per year for their incarceration, a figure said to result in the highest pay-to-stay bills nationwide.

  • October 15, 2024

    Horizon Lodges 4-Fold Attack On Tepezza MDL Bellwethers

    Horizon Therapeutics argued Tuesday that an Illinois federal judge should toss out nine of the dozen cases selected as bellwethers in multidistrict litigation targeting hearing loss issues with its biologic Tepezza, saying they're preempted because the label was approved with those problems in mind.

  • October 15, 2024

    'Gold Standard' PFAS Test Rejected In Tampax Class Suit

    A California federal judge on Tuesday rejected the reliability of a testing method described by a putative consumer class as the "gold standard" for detecting so-called forever chemicals, tossing for now claims that The Procter & Gamble Co. falsely advertised its "pure cotton" Tampax tampons.

  • October 15, 2024

    Benefit Cos. Urge Justices Take Up Cert. Fight From 5th Circ.

    Three benefit companies urged the U.S. Supreme Court to review a Fifth Circuit decision upholding certification of a class of more than 290,000 workers in a suit alleging excessive health and retirement plan fees, arguing the justices need to iron out a circuit split on standing requirements.

  • October 15, 2024

    Feds Seek Court's OK On $350M Norfolk Southern Spill Deal

    The federal government has asked an Ohio federal judge to approve a nearly $350 million settlement to close out the U.S. Environmental Protection Agency's legal claims against Norfolk Southern over the fiery February 2023 train derailment and toxic chemical spill in East Palestine.

  • October 15, 2024

    Chancery Urged To Toss Smart & Final $1.1B Sale Challenge

    An attorney for funds of Ares Alternative Management Corp. told Delaware's chancellor on Tuesday a stockholder suit alleging breaches of fiduciary duty and corporate waste in a $1.1 billion sale of Smart & Final Stores Inc. failed to show disabling conflicts among company principals or advisers.

  • October 15, 2024

    'Extraordinary' Blue Cross Deal Includes $2.8B Payout

    The Blue Cross Blue Shield network will shell out $2.8 billion and invest "hundreds of millions" more overhauling its claims systems to soften barriers between members, in a massive antitrust settlement disclosed Monday in Alabama federal court under which healthcare providers' counsel stands to reap up to $700 million.

  • October 15, 2024

    $5M Alcoa Unit Deal Ends EPA's Smelter Foul-Air Suit

    A Washington federal judge on Tuesday approved an Alcoa Corp. subsidiary's $5.25 million settlement with the federal government over the alleged release of illegal levels of pollutants at a now-shuttered Washington aluminum smelting plant.

  • October 15, 2024

    Morgan Stanley, BofA Sued Over Cash Sweep Programs

    Minnesota-based financial services company Safron Capital Corp. launched a pair of proposed class actions against Morgan Stanley and Bank of America in New York alleging the firms used their so-called cash sweep programs "to generate massive revenue for themselves at the expense of their customers."

  • October 15, 2024

    Aurora Cannabis Gets First Nod For $8M Investor Suit Deal

    Aurora Cannabis Inc.'s $8.05 million settlement with a proposed class of investors who accused it of orchestrating a $21.7 million "round-trip sale" to keep its stock prices high got a U.S. magistrate judge's initial sign-off along with an order pausing the parties' dispute while the deal is reviewed.

  • October 15, 2024

    Walmart, Execs Settle Chancery Opioid Suit For $123M

    Walmart and its directors and officers have agreed to a $123 million deal to end a stockholder class derivative lawsuit in Delaware's Court of Chancery that accused the nationwide retailer of multiyear opioid prescription oversight failures, potentially resolving class claims dating to early 2020.

  • October 15, 2024

    SD Calls Foul On NCAA For Moving NIL Suit From State Court

    The state of South Dakota and its flagship universities on Tuesday asked that their suit challenging the NCAA's $2.78 billion settlement over name, image and likeness compensation be moved back to state court, claiming the NCAA "does not come within a country mile" of proving that it should have been removed to federal court.

  • October 15, 2024

    LA Injury Law Firm Sued Over Unsolicited Robocalls

    A California man is suing Los Angeles-based personal injury firm Wilshire Law PLC in federal court, alleging the firm is violating the Telephone Consumer Protection Act by making unsolicited robocalls to drum up business.

  • October 15, 2024

    LabCorp Gets Google Health Info Suit Sent To Arbitration

    Laboratory Corporation of America succeeded in its bid to have a patient privacy lawsuit handled by arbitration, after a Pennsylvania federal judge ruled that users of the company's website who sued it for allegedly sharing sensitive information with Google agreed to arbitration by using the patient portal.

  • October 15, 2024

    Atty Says Appellate Co.'s Ads Look Like Case Updates

    A California attorney has launched a proposed class action against appellate case management company Record Press in California federal court alleging that the New York-based company sends lawyers spam emails that deceptively appear to be important updates about ongoing litigation.

  • October 15, 2024

    Lit Funder-Backed Co. Says NJ Judicial Privacy Law Is Valid

    A New Jersey judicial privacy law is not unconstitutional since it requires that defendants act negligently by knowingly violating the law, a data privacy company said in seeking to prevent the dismissal of dozens of lawsuits, which the company also acknowledged are being funded by third-party litigation funder Parabellum Capital LLC.

  • October 15, 2024

    2nd Circ. Says 'Robust' Video Privacy Law Covers NBA Suit

    The Second Circuit on Tuesday endorsed a broad reading of a decades-old video privacy law in the modern internet age as it revived a proposed class action against the NBA by one of its free newsletter subscribers who claimed the league's website unlawfully shared his viewing information with Facebook.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 11, 2024

    VMware Investors Ink $103M Settlement To Sales Backlog Suit

    VMware reached a $102.5 million settlement resolving a suit lodged in California federal court by a certified class of investors alleging that the cloud computing company deceptively recorded sales as backlog to obscure operational challenges.

  • October 11, 2024

    Ill. Judge Trims Labeling Suit Over Coca-Cola's Soda Water

    An Illinois federal judge essentially halved on Friday two consumers' false advertising suit targeting artificial sweeteners allegedly found in Coca-Cola's Fresca soda water, cutting one plaintiff and one focus of their consumer fraud claims from the case. 

  • October 11, 2024

    High Court's TCPA Grant Set To Broaden Loper Bright's Blow

    On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.

  • October 11, 2024

    La. Sugarcane Cos. Skimped On Migrant Work Pay, Suit Says

    Mexico residents who worked for two Louisiana sugarcane businesses have lodged a proposed class against their former employers in Louisiana federal court, alleging the companies secured the wrong temporary work visas to avoid paying higher wages and failed to reimburse preemployment expenses.

  • October 11, 2024

    Apple Judge OKs New Schedule But Pans 'Burden' To Court

    A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.

Expert Analysis

  • Intent-Based Theory Of Liability In Hwang Creates Ambiguity

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    A case against Archegos Capital founder Bill Hwang alleging that he participated in a securities manipulation scheme, which goes to trial next month in New York federal court, highlights the need for courts to clarify the legal standard defining "market manipulation," says Edward Imperatore at MoFo.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How American Airlines ESG Case Could Alter ERISA Liability

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    Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Unpacking The Complicated Question Of CIPA's Applicability

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    As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Antitrust Ruling Shows Limits Of US Law's Global Reach

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    Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.

  • Overdraft Opt-In Practices Hold Risks For Banks

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    A recent Consumer Financial Protection Bureau action against Atlantic Union Bank regarding overdraft opt-in sales practices highlights compliance risks that financial institutions must be aware of, especially when enrolling customers by phone, says Kristen Larson at Ballard Spahr.

  • And Now A Word From The Panel: Benefits Of MDL Transfers

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    A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.

  • An Overview Of Key Financing Documents In Venture Capital

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    The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

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