Class Action

  • February 13, 2025

    Arrow Financial Investors Get Final OK For $850K Deal

    Investors suing multibank holding company Arrow Financial Corp. received final approval from a New York federal judge Thursday for an $850,000 deal settling claims the company concealed defective internal controls that led to missed financial filings.

  • February 13, 2025

    Chancery OKs Appraisal Suit Fix For Sears Damage Ruling

    A Sears Hometown Stores investor that saw its Delaware Court of Chancery share appraisal suit tanked by the company's bankruptcy in 2019 won a $4.06 per share payout ruling Thursday in a Court of Chancery decision focused on fair price and full and incremental damage claims.

  • February 13, 2025

    Ohio Ordered To Get Rescinded Unemployment From DOL

    An Ohio court on Wednesday ordered the state government to "take all action necessary" to get its share of a COVID-19 pandemic unemployment relief program that Gov. Mike DeWine pulled it out of in 2021 and to distribute that money to qualified residents who missed out.

  • February 13, 2025

    Profs Back Hotel Guests In 3rd Circ. Algorithmic Pricing Case

    A group of academics has joined antimonopoly groups to support hotel guests accusing several Atlantic City casino hotels of using shared software to fix room rates in their Third Circuit fight to revive their suit.

  • February 13, 2025

    Origin Investors Fixed 'Fatally Vague' Fraud Claim, Judge Says

    A California federal judge has ruled that investors' fraud claims against sustainable materials-maker Origin Materials and its co-CEO can move forward, saying the plaintiffs have provided additional details from a confidential witness the judge previously found to be "fatally vague."

  • February 13, 2025

    ADP 401(k) Participants Win Cert. For 50K ERISA Class

    More than 50,000 ADP 401(k) plan participants scored class certification Thursday in their lawsuit accusing the company of retaining poorly performing investments and overcharging them for recordkeeping fees, after a New Jersey federal judge found their claims are typical since they stem from the same alleged fiduciary duty breach by ADP.

  • February 13, 2025

    Merck Investor Sues Over Gardasil China Market Projections

    Pharmaceutical giant Merck & Co. Inc. has been hit with a proposed shareholder class action alleging it overstated global demand for its human papillomavirus vaccine Gardasil, damaging investors when it revealed earlier this month it would not meet its revenue projections for the vaccine and paused shipments to China.

  • February 13, 2025

    Ga. House Speaker Sued Over State Senator's Ban And Arrest

    Georgia Speaker of the House Jon Burns has been hit with a lawsuit from constituents of a lawmaker who was barred from the chamber last month after he called Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."

  • February 13, 2025

    Musk Must Pay Up For Illegal Access To Data, Class Suit Says

    Elon Musk should be forced to compensate taxpayers and recipients of government benefits after gaining access to federal databases housing their data, a proposed class told a D.C. federal court, saying the billionaire violated the Computer Fraud and Abuse Act.

  • February 13, 2025

    Family Ties Could DQ Judge From Hawaii Wildfire Litigation

    The federal judge overseeing a proposed class action brought against Maui County, Hawaii, departments by Lahaina residents whose homes were destroyed in a devastating August 2023 wildfire has indicated she is "inclined" to grant a recusal bid.

  • February 13, 2025

    Sidley Adds White & Case Litigators In Chicago

    Sidley Austin LLP has grown its litigation offerings in Chicago with the addition of two former White & Case LLP partners, one of whom served as the leader of that firm's Windy City office.

  • February 13, 2025

    Greenberg Traurig Adds Skadden Litigator In Delaware

    Greenberg Traurig LLP announced Thursday that it has hired a corporate and commercial litigator for its Delaware office who formerly worked at Skadden Arps Slate Meagher & Flom LLP.

  • February 13, 2025

    6th Circ. Stands By Revival Of Parker-Hannifin 401(k) Suit

    The Sixth Circuit declined Parker-Hannifin Corp.'s bid for an en banc review of its ruling that revived a proposed class action from workers who claimed the technology company loaded down its retirement plan with underperforming and costly investment funds.

  • February 13, 2025

    Musk Says He'll Drop OpenAI Bid If It Scraps 'For Profit' Plans

    Elon Musk has hit back at OpenAI's claim that his $97.375 billion takeover bid is improper, noting if the ChatGPT maker agrees to nix plans to become a for-profit business, his offer will be dropped. 

  • February 12, 2025

    Social Media MDL Judge Rips Google, Snap Quick Appeal Bid

    A California federal judge indicated Wednesday she likely won't let Google and Snap file interlocutory appeals in multidistrict litigation over social media's allegedly addictive designs, saying the appeals requests make "no sense," and she slammed Meta insurers' unnecessary motion to expedite its coverage dispute with Meta as "unprofessional."

  • February 12, 2025

    EthereumMax Buyers Seek Cert. In Celeb Crypto Promos Suit

    A group of investors in crypto product EthereumMax have asked a federal judge in California to certify a class action accusing Floyd Mayweather Jr., Kim Kardashian and other celebrities of promoting the token, which allegedly was used in a pump-and-dump scheme.

  • February 12, 2025

    OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit

    OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."

  • February 12, 2025

    Bausch Health Beats Suit Over 'Faking' Financial Stability

    Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.

  • February 12, 2025

    Sea Salt Co. Sued Over Lead And Arsenic Levels

    A salt company was hit with a proposed class action Tuesday in California federal court over allegations that its salt contains arsenic and lead, asserting that there is no safe level of lead.

  • February 12, 2025

    Klarna Accused Of Intercepting Creators' Commissions

    Online retail finance company Klarna Inc. got hit with a proposed class action by an internet content creator who claims the firm's automatic coupon-finding browser extension redirects customers who click creators' product affiliate links so that Klarna can take the referral commissions those creators depend on.

  • February 12, 2025

    Judge Partially Certifies Credit Suisse XIV Notes Class Action

    A New York federal judge has granted class certification to investors alleging that Credit Suisse manipulated the market for its XIV notes, while denying certification for those claiming losses from misrepresentations, finding that the suggested class failed to resolve previous deficiencies in its proposal.

  • February 12, 2025

    Boeing Brass Face Chancery Suit Over Safety Breach Scandal

    Public employee pension funds in Ohio and Oklahoma have launched a derivative suit in Delaware's Chancery Court against Boeing board members and executives, seeking damages on the aircraft company's behalf tied to production issues and multiple safety breaches involving several Boeing commercial passenger jets.

  • February 12, 2025

    Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits

    Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.

  • February 12, 2025

    4th Circ. Keeps Class Cert. Nixed In Coupon Service Case

    Class certification remains off the table in a lawsuit accusing Inmar Inc. of fixing shipping prices for coupon processing services, after a Fourth Circuit panel sided Wednesday with district court findings that none of the three proffered ways to identify a class of manufacturer plaintiffs holds up.

  • February 12, 2025

    Cannabis Vape Cos. Accused Of Price-Fixing Scheme

    A Chinese cannabis vape manufacturer and a slew of its U.S.-based distributors have been hit with a proposed class action alleging they maintained an unlawful anticompetitive arrangement that kept the price of marijuana vapes artificially high for close to a decade.

Expert Analysis

  • American Airlines ESG Ruling Could Alter ERISA Landscape

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    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.

  • SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early

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    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.

  • Del. Dispatch: 27.6% Stockholder Not A Controller

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    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.

  • Class Actions At The Circuit Courts: July Lessons

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    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.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    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.

  • Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits

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    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.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    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.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    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.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    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.

  • A Simple Proposal For Improving E-Discovery In MDLs

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    Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

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