Class Action

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • September 03, 2024

    $15M Class Atty Fee Sought In Microsoft-Activision Suit

    Attorneys for Sweden's state pension fund manager have proposed a $15 million attorney fee for their investigation and intervention in a suit seeking Delaware Court of Chancery fixes for defects in some terms of Activision Blizzard Inc.'s $68.7 billion acquisition by Microsoft Corp. last year.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • September 03, 2024

    Ex-Worker Says Car Parts Co. Hit Smokers With Illegal Fee

    A former employee of a car parts manufacturer sued the company in Illinois federal court, claiming it violated federal benefits law by saddling tobacco users with a $100 monthly fee in its health plan without making clear they could dodge the charge by enrolling in a tobacco cessation program.

  • September 03, 2024

    NFL Sunday Ticket Subscribers Appeal $4.7B Verdict Reversal

    The subscribers to the NFL's Sunday Ticket broadcast package whose $4.7 billion class action jury award was thrown out and antitrust claims erased by a federal judge last month are appealing the rulings to the Ninth Circuit.

  • September 03, 2024

    $2.2M Bowling Co. Investor Settlement Gets Initial Green Light

    A Maryland federal judge has preliminarily approved a nearly $2.2 million settlement ending a class action that alleged Bowl America's board of directors acted in bad faith when approving a merger with Bowlero Corp.

  • August 30, 2024

    Chancery Prunes $2.1M From Atty Fee Bid In Sculptor Merger

    Class attorneys who helped secure a 14.4%, or $80.8 million, improvement in proceeds from Sculptor Capital Management's sale to Rithm Capital Corp. — plus a $6.5 million common fund — saw their $5.75 million fee proposal cut to $3.6 million in Delaware's Court of Chancery Friday.

  • August 30, 2024

    McKesson, Others To Pay Benefit Plans $300M In Opioid Deal

    McKesson Corp., Cardinal Health Inc. and Cencora Inc. have agreed to pay a group of benefit plans a combined $300 million to resolve allegations that the drug distributors fanned the flames of the opioid epidemic, according to a filing Friday in Ohio federal court.

  • August 30, 2024

    3M Swept 'Forever Chemicals' Under The Rug, Buyers Say

    3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the chemicals, which were then installed in millions of homes and businesses, according to a proposed consumer class action filed Friday in Minnesota federal court.

  • August 30, 2024

    Flint Water Firm Wants To Keep PR 'Sideshow' Out Of Trial

    One of the last remaining defendants in Flint water crisis litigation urged a Michigan federal judge to exclude from an upcoming bellwether trial evidence about its public relations efforts, which included an alleged smear campaign against the lawyer for Flint children that led to another attorney getting referred to the California bar.

  • August 30, 2024

    Align Tech Cuts $27.5M Antitrust Deal With 1.45M Consumers

    A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.

  • August 30, 2024

    Semiconductor Co. Beats Investor Suit Over Failed $8B Merger

    A California federal judge has dismissed a proposed investor class action filed over semiconductor company MaxLinear Inc.'s decision to cancel a planned $8 billion merger with Silicon Motion Technology Corp., finding investors' claims against the former can't stand because they held shares in the latter.

  • August 30, 2024

    RTX Corp. To Settle Engineers' No-Poach Class Claims

    RTX Corp. on Friday announced a nascent class action settlement in a lawsuit accusing its Pratt & Whitney division of orchestrating an agreement among five aerospace engineering suppliers not to hire one another's employees, a move that follows a $26.5 million settlement between the employees and the five other firms.

  • August 30, 2024

    Mich. Justices Reject College Students' COVID Refund Appeal

    The Michigan Supreme Court said Friday it won't revive college students' lawsuits seeking refunds over the switch to virtual instruction during the early months of the COVID-19 pandemic, cementing wins for three universities.

  • August 30, 2024

    Ex-Detainee Can't Be Forced To Arbitrate Card Fee Suit

    A Washington federal judge will not force arbitration in a proposed class action accusing a bank of charging former jail detainees debit card fees to regain access to their own money postrelease, saying the plaintiff never consented to an arbitration clause because the card was issued to him already activated.

  • August 30, 2024

    Hotel Chains, Software Co. Fight Algorithmic Pricing Suit

    Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.

  • August 30, 2024

    New York Magazine Reader Drops Suit Over Data Disclosures

    A subscriber to New York magazine has voluntarily dropped a potential class action accusing the periodical's publisher of violating a Michigan consumer privacy law by wrongfully disclosing readers' data to third parties.

  • August 30, 2024

    Coach USA Accused Of Mass Layoff Without Timely Notice

    Bus company Coach USA, which filed for Chapter 11 bankruptcy in June, failed to give drivers a timely notice of mass layoffs as required by state and federal law, according to a proposed class action filed in New Jersey federal court.

  • August 30, 2024

    Period Tracker App Users Seek Class Cert. In Data-Selling Suit

    Users of the menstrual cycle tracking app Flo Health Inc. are seeking class certification in their suit against Flo, Google and Meta, telling a California federal judge the proposed class would include millions of users whose personal health information was sold to the ad giants without consent.

Expert Analysis

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Birkin Bag Case Carries Competition Lessons For Retailers

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    A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Circuit Split Brews Over Who's A Securities Seller Under Act

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    A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Exploring A New Era Of IP Law Amid The Rise Of Generative AI

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    Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • 'Beauty From Within' Trend Poses Regulatory Risks For Cos.

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    Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Chancery's Carvana Suit Toss Shows Special Committee Value

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    The Delaware Chancery Court’s recent dismissal of a stockholder complaint against Carvana illustrates how special litigation committees can be a powerful tool for boards to regain control after litigation alleging a breach of fiduciary duty, say attorneys at Morgan Lewis.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits

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    On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

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