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Class Action

  • July 03, 2024

    Geico To Pay Policyholders $2M To Settle Underpayment Suit

    Geico policyholders asked a New Jersey federal judge for preliminary approval of a $1.9 million settlement resolving claims the insurer breached their policies by failing to pay title or registration transfer fees upon the total loss of an insured vehicle.

  • July 03, 2024

    Hartford Unit Says Software Co. Not Covered For BIPA Claims

    A Hartford unit told an Illinois federal court that a software company isn't owed coverage for two underlying class actions alleging that its software was used by two different restaurant chains to collect customers' biometric information, arguing that the alleged Biometric Information Privacy Act violations aren't covered under its policies.

  • July 03, 2024

    4 Mass. Rulings You Might Have Missed In June

    Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.

  • July 03, 2024

    Oil Trading Cos. Ink 'Simple' $13.9M Deal In Gas Price Rig Suit

    Oil trading companies Vitol and SK Energy have agreed to shell out $13.9 million to resolve a consolidated proposed class action alleging that they plotted to artificially inflate California gas prices following an ExxonMobil explosion in 2015, buyers told a California federal judge.

  • July 03, 2024

    DLA Piper Adds McGuireWoods' Downtown LA Shop Lead

    McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.

  • July 03, 2024

    1st Circ. Hands Hearing Loss Biotech Win In Stock-Drop Suit

    A panel of the First Circuit declined to revive an investor class action alleging that a hearing loss treatment company and some of its executives concealed disappointing clinical trial results, saying there was no evidence the company had knowingly made false statements about the trial.

  • July 03, 2024

    NC Appeals Court OKs Hospital's 'Facility Fees' For ER Patient

    The North Carolina Court of Appeals has found that Novant Health was allowed to charge an emergency room patient "facility fees" because a contract she signed for healthcare included language requiring payment for anything not covered by insurance.

  • July 03, 2024

    Chancery Tosses Challenge To $3B AstraZeneca Viela Bio Sale

    AstraZeneca PLC and a U.K. affiliate beat late Tuesday a Delaware Court of Chancery stockholder suit accusing the company of orchestrating an underpriced, $3 billion sale of clinical stage biopharmaceutical venture Viela Bio Inc. in order to clear the way for AstraZeneca's purchase of a larger competitor.

  • July 03, 2024

    Biden's New Picks Include NC Solicitor General For 4th Circ.

    President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.

  • July 02, 2024

    Data Breach Suits Drive Consumer Protection Docket Growth

    Federal consumer protection lawsuits are back on the rise after nearly a decade of steady decline, with disputes over increasingly prevalent data breaches fueling the uptick, according to a Wednesday report by Lex Machina.

  • July 02, 2024

    YouTube Beats Kids Privacy Suit, But Plaintiffs Get 7th Shot

    A California federal magistrate judge tossed with leave to amend Monday a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, giving consumers a seventh shot to cure the deficiencies.

  • July 02, 2024

    DraftKings Must Face Securities Suit Over NFTs

    A Massachusetts federal judge won't toss a proposed class action claiming that DraftKings Inc. sold unregistered non-fungible tokens on its marketplace, ruling that the suit plausibly alleges that the company falsely advertised that its NFTs would appreciate in value.

  • July 02, 2024

    Stock Photo Co. Says $250M Privacy Suit Must Be Arbitrated

    Canadian stock photography and video provider iStockPhoto LP has urged a California federal court to send to arbitration a $250 million proposed class action accusing it of violating privacy laws by revealing subscribers' video viewing and downloading behavior on Facebook.

  • July 02, 2024

    Amazon Must Face Wiretapping Class Suit, Wash. Judge Says

    A Washington federal judge said Tuesday that Amazon can't dodge a proposed class action alleging it violated California's wiretapping law, in a ruling that determined the tech giant was capable of accessing customer call data through its call center technology used by Capital One.

  • July 02, 2024

    NCAA Escapes USF Baseball Coach Abuse Suit For Now

    An Indiana federal judge on Tuesday dismissed, at least for the time being, a lawsuit filed by University of San Francisco baseball players accusing the NCAA of causing harm by remaining silent about the "rampant" sexual abuse committed by two USF coaches, ruling that there was no contractual relationship between the parties.

  • July 02, 2024

    Depo Gets Dad Ousted From Sesame Place Race Bias Case

    The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.

  • July 02, 2024

    Harvest Capital Class Ends Chancery Merger Suit For $3.85M

    Stockholder attorneys who secured a $3.85 million pretrial class settlement for an allegedly unfair Harvest Capital Credit Corp. merger deal won an above-average 25% share of the award Tuesday, in what a Delaware vice chancellor indicated was a move to reward top-flight attention to smaller-stakes litigation.

  • July 02, 2024

    Steel Co. Escapes 401(k) Mismanagement Suit, For Now

    A Florida federal judge tossed a suit claiming a steel manufacturer saddled its $655 million retirement plan with pricey investment funds and fees, ruling Tuesday the plan participant behind the claims needed to formally show the court that he brought his concerns to the plan's committee before filing suit.

  • July 02, 2024

    6th Circ. Takes Up Fuel Pump Appeal GM Pledged To Drop

    The Sixth Circuit has agreed to hear General Motors' bid to undo certification of seven state classes of drivers who say GM sold diesel-powered trucks with faulty fuel pumps, although the automaker recently agreed to a $50 million settlement that includes a promise to abandon the appeal.

  • July 02, 2024

    Ga. Parking Co. Stole Data To Send Fake Tickets, Fla Suit Says

    A Florida resident has brought a proposed federal class action against a Georgia parking company for alleged privacy violations, saying his data was illegally obtained and used to send fake citations in a scheme to collect money under the threat that vehicles could be confiscated or credit ruined.

  • July 02, 2024

    Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says

    The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.

  • July 02, 2024

    Kipling Apparel Can't Nix 'Phantom' Discount Suit

    A California federal judge on Monday refused to toss a proposed class action alleging that bag maker Kipling Apparel Corp. used "phantom" discounts to make outlet store customers believe they were getting price cuts, but she said the plaintiff had failed to show that damages would be insufficient compensation.

  • July 02, 2024

    Northrop Must Face 3K Homeowner Class Over Contamination

    A California federal judge Monday granted class certification to 3,200 homeowners who sued Northrop Grumman over the release of cancer-causing chemicals from a nearby circuit board manufacturing site they alleged reached their homes, finding the location and extent of the contamination in the area are subject to common proof. 

  • July 02, 2024

    Amazon's PillPack Settles TCPA Class Suit

    Amazon.com affiliate PillPack LLC has settled a class action alleging it was responsible for illegal telemarketing calls made to consumers without their consent, the parties said Tuesday in a notice filed in Washington federal court.

  • July 02, 2024

    Pharma Co. Scores Exit In Investor Suit Over Primate Imports

    A Massachusetts federal judge tossed every claim in a proposed class action claiming that pharmaceutical company Charles River Laboratories and its executives concealed their involvement in the illegal importation of nonhuman primates for research, ruling that the disputed statements are not false or misleading.

Expert Analysis

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • NY Discovery Stay Ruling Empowers Securities Defendants

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    A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.

  • Opinion

    Proposed Rule Misses The Mark On Improving MDLs

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    The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

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