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Class Action
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June 07, 2024
Casper Investors Ink $3M Deal Over Mattress Co.'s Woes
Investors in mattress company Casper Sleep Inc. have asked a Brooklyn federal judge for an initial nod for their $3 million deal that would end claims the company misrepresented its financial prospects in the lead-up to its February 2020 initial public offering.
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June 07, 2024
Terraform Funder Must Face Class Claims In Illinois
Terraform Labs' financial backer Jump Trading LLC cannot consolidate a pair of proposed class actions accusing it of propping up the failing crypto platform, with a federal judge ruling that purchasers of a massively devalued crypto token can keep their lawsuit against the high-speed trading firm in Illinois.
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June 07, 2024
FaZe Clan SPAC Investor Sues B. Riley In Chancery Court
Former stockholders of the blank-check company that took electronic sports and entertainment company FaZe Clan public in a $725 million transaction in July 2022 sued B. Riley Financial and others behind the deal on Friday in Delaware's Court of Chancery, alleging disclosure failures and breaches of fiduciary duty.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
Scotts Miracle-Gro Hit With Suit Over Sales Channel 'Stuffing'
A pension plan investor of Scotts Miracle-Gro has filed a class action suit against the lawn and garden care company and several former and current executives, alleging they misled investors about the company's inventory levels, debt covenant compliance and financials.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
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June 07, 2024
Ranbaxy Units Overcome Lipitor Antitrust MDL
Multiple Ranbaxy Inc. entities have defeated multidistrict litigation accusing them of conspiring with Pfizer Inc. to delay releasing a generic alternative to blood pressure drug Lipitor, as a New Jersey federal judge on Thursday criticized the drug purchasers' "speculative" arguments.
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June 07, 2024
Pilgrim's Pride Largely Can't Pause Chicken Farmers' Suit
An Oklahoma federal judge largely refused Friday to pause a lawsuit accusing Pilgrim's Pride of conspiring with other chicken producers to suppress farmer compensation while Pilgrim's appeals certification of over 24,000 farmers, finding it does not matter if the $2.77 billion damages claim might pressure the company to settle.
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June 07, 2024
Exotic Dancers Win Class Status For State Law Wage Claims
An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.
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June 07, 2024
DC Circ. Won't Let Gov't Toss Sped-Up Timeline For Ally Visas
The D.C. Circuit on Friday refused to terminate a plan requiring the U.S. Department of State to speed up visa processing for Iraqi and Afghan nationals, ruling that some judicial involvement is still necessary to address delays.
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June 07, 2024
Dreamland Falsely Touts Safe Weighted Swaddle, Parent Says
Dreamland Baby Co. "boldly markets" its weighted swaddles and blankets as pediatrician-approved and safe for babies and toddlers, but medical associations and government regulators have condemned these kinds of weighted products as being harmful, according to a proposed class action filed Thursday in California federal court.
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June 07, 2024
Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit
In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.
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June 07, 2024
6th Circ. Finds Ethical Lapses Justify Bar On Firm's Outreach
The Sixth Circuit said Thursday a Michigan federal judge shouldn't have faulted a law firm for attacking a proposed tax foreclosure class-action settlement in solicitation letters, but nevertheless upheld the judge's order barring contact with certain class members because of the firm's actual ethical lapses.
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June 07, 2024
Judge Agrees To DQ Houston Firm In Fight Over MMA Law
A Texas bankruptcy judge sided with troubled Houston firm MMA Law and agreed this week that another Houston firm, Okin Adams Bartlett Curry LLP, had received confidential information from MMA Law and should be disqualified from representing its creditors.
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June 07, 2024
Court Software Co., NC Sheriff Fight To Exit Civil Rights Action
Texas-based software company Tyler Technologies and a North Carolina sheriff continued their push this week to escape a proposed class action alleging North Carolina's new digital court system led to wrongful arrests and extended jail time.
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June 06, 2024
Google Gets Tweaked AI Data-Scraping Complaint Axed
A California federal judge on Thursday agreed to dismiss — for now — a proposed class action claiming Google steals private and copyrighted information to train its artificial intelligence chatbot, pointing to a recent ruling siding with Microsoft Corp. and OpenAI in a similar case.
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June 06, 2024
Tesla Sued Over Vote On Revived $55B CEO Pay, Texas Move
Tesla, its board of directors and CEO Elon Musk were hit with a proposed class action in Delaware Chancery Court on Thursday over the company's plan to seek stockholder approval for the same $55.8 billion Musk compensation plan voided in January, along with reincorporation of Tesla as a Texas company.
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June 06, 2024
NFL Sunday Ticket Is A Rigged Game, Antitrust Jury Told
An attorney for NFL Sunday Ticket subscribers told a California jury Thursday during opening statements of a multibillion-dollar antitrust suit that secret documents will prove the NFL engaged in anticompetitive behavior, and the trial would reveal the "darker side of the NFL behind the shield."
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June 06, 2024
Roundup MDL Judge Worries Plaintiffs Firms Overstretched
A California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer expressed concerns Thursday that plaintiffs firms may be taking on "a whole bunch of cases" they don't have the ability to prosecute just to settle "on the cheap," calling the prospect "a little bit disturbing."
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June 06, 2024
Real Water Caused 'Devastating' Hospitalizations, Jury Told
A mother whose twin babies were hospitalized with acute liver failure after the family subscribed to water delivery service Real Water told a Nevada state jury Thursday that the experience was "devastating."
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June 06, 2024
11th Circ. Won't Revive State Farm Auto Policy Coverage Fight
The Eleventh Circuit affirmed Thursday the dismissal of a State Farm auto policyholder's proposed class action alleging the insurer breaches its own policies by routinely denying medical expense coverage based on an ambiguous "reasonableness" standard, finding that the policyholder's interpretation of the policy would render parts of it "meaningless."
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June 06, 2024
Drugmakers Escape Cancer Drug Antitrust Claims For Now
A New Jersey federal judge granted drugmakers Celgene and Bristol-Myers Squibb an out from consolidated antitrust litigation accusing them of delaying generic competition to their blockbuster cancer treatments, saying the conduct alleged by a group of insurer plaintiffs fails to amount to anti-competitive conduct.
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June 06, 2024
Fintech Lender Ran 'Bait & Switch' With Borrowers, Suit Says
Fintech company Figure Lending LLC faces a proposed class action alleging its home equity lines of credit are actually intentionally mislabeled home equity loans with higher interest rates and fees.
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June 06, 2024
Pharma Co. Misled Investors On Seizure Drug Trial, Suit Says
Marinus Pharmaceuticals has been hit with a proposed shareholder class action alleging that the company understated the risks of an epilepsy drug trial and did not warn investors that trial enrollment would be suspended when it failed to meet certain criteria.
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June 06, 2024
Camp Lejeune Deals Worth $14.4M So Far, Government Says
There have been 58 settlements worth a total of $14.4 million so far in a North Carolina federal court alleging injuries caused by decades-long water contamination at Marine Corps Base Camp Lejeune between February 2023 and June 4, according to a joint status report filed by the two sides.
Expert Analysis
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6th Circ. Ruling Breathes New Life Into Article III Traceability
The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.
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Open Questions After Elastos Crypto Class Action Settlement
The recent settlement in Owen v. Elastos Foundation resolving a class action fight over whether Elastos was required to register an initial coin offering with U.S. regulators has raised several questions that may be of interest to lawyers litigating cryptocurrency-related cases, including whether a crypto token constitutes a security under U.S. law, says Bradley Simon at Schlam Stone.
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Aviation Watch: 737 Max Blowout Raises Major Safety Issues
The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.
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Mass Arb. Rule Changes May Be A Hindrance For Consumers
The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Opinion
New Rule 702 Helps Judges Keep Bad Science Out Of Court
A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Opinion
Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs
While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.
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Del.'s Tesla Pay Takedown Tells Boards What Not To Do
The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.
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What Brands Must Know For Calif. Recycle Label Compliance
A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.
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Opinion
3rd-Party Financiers Have Power To Drive Mass Tort Cases
The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.
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Del. Dispatch: Clarification On Fiduciary Duties Of Controllers
The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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What Retailers Should Note In Calif. Web Tracking Suits
As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.