Class Action

November 13, 2024
Judge Suggests Casino App Transfer Blunts Gamer's Attack

A Washington federal judge raised doubts Wednesday about whether a lead plaintiff accusing a casino app developer of offering illegal gambling can rope in the company's subsidiary, which took over the online games in what the plaintiff calls a bid to avoid legal responsibility.
November 13, 2024
Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report

An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.
November 13, 2024
Judge Won't Rethink Mootness Of Air Force Vax Mandate Suit

A Georgia federal judge on Tuesday refused to reconsider his finding that a challenge by U.S. Air Force personnel to the military's now-rescinded COVID-19 vaccination mandate on religious grounds is moot, holding there is no live controversy to keep the case going.
November 13, 2024
Ranches Say Renewed Wage Suppression Suit Still Deficient

The Western Range Association asked a Nevada federal judge to dismiss a revised suit from a sheepherder alleging he was kept in "indentured servitude," arguing that it and its members are a common enterprise incapable of conspiring to fix wages.
November 13, 2024
Caitlyn Jenner's Crypto Venture Hit With Investor Suit

Buyers of Olympic gold-medalist Caitlyn Jenner's cryptocurrency token slapped the celebrity with a proposed securities class action in California federal court Wednesday, alleging she failed to register the offering of her $JENNER token and "fraudulently solicited financially unsophisticated investors" to purchase the asset.
November 13, 2024
Justices Puzzled By Nvidia's Position In Investor Case

Some U.S. Supreme Court justices on Wednesday seemed to regret the decision to hear a dispute between chipmaker Nvidia Corp. and its investors, wondering whether a disagreement over what the company knew about its sales to crypto miners has any bearing on other securities class action lawsuits.
November 13, 2024
Biotech Brass Misled Investors About Cancer Drugs, Suit Says

Executives and directors of biotechnology company Agenus Inc. have been hit with a shareholder derivative suit in Massachusetts federal court alleging that the company misled investors about the effectiveness of its mainstay cancer treatments.
November 13, 2024
Casino Queen To Pay $7.1M To Wrap Up ESOP Suit

The parent company of Illinois-based Casino Queen has agreed to pay a group of workers $7.1 million to shutter their proposed class action claiming their employee stock ownership plan paid too much in a $170 million deal to buy stock in the company, costing employees millions in benefits.
November 13, 2024
Attorneys Seek $983K Fee For Work On $2.95M Benefits Deal

Six attorneys who settled a benefits class action on behalf of about 14,000 employees of an aerospace and auto parts manufacturer asked a Michigan federal judge to approve nearly $1 million in fees, saying this would be a standard payout in light of the $2.95 million settlement.
November 13, 2024
Settlement Talks Falter In Schnader Harrison Pension Fight

Negotiations between a former Schnader Harrison Segal & Lewis LLP partner and the now-shuttered firm appear to have failed for now in the former partner's proposed Employee Retirement Income Security Act class action as the parties missed the deadline for a deal this week.
November 13, 2024
Fla. College Nabs Early Win In Retirement Fee Suit

A Florida federal court handed Embry-Riddle Aeronautical University an early win Wednesday in an ex-worker's proposed class action alleging mismanagement of her retirement plan, finding she hadn't demonstrated any individual injury from the recordkeeping fees or investments she had challenged.
November 13, 2024
Kohl's Accused Of Cheating Calif. Workers Out Of OT, Breaks

Department store chain Kohl's engaged in a series of wage and hour violations in California, including failing to pay overtime to nonexempt employees and failing to provide meal and rest breaks, a worker told a state court.
November 12, 2024
Sephora Again Loses Bid To Toss Ex-Workers' Late Pay Suit

A New York federal judge on Tuesday stood by his decision denying Sephora's motion to dismiss a proposed class action accusing it of not paying employees every week, rejecting the company's contention that he used an incorrect standard of review when departing from a federal magistrate judge's recommendation to toss the case.
November 12, 2024
Merrill Lynch Disfavors Black And Female Advisers, Suit Says

Two longtime Merrill Lynch financial advisers have filed a proposed class action against Bank of America and its subsidiary Merrill Lynch alleging the firms' policies systematically discriminate against African American and female advisers by favoring white male colleagues in teaming and account distribution practices.
November 12, 2024
Bayer Ruling Looms Over Jaguar EV Battery Fire Risk Suit

A recent Third Circuit decision reviving product liability claims against Bayer over tainted antifungal spray may "bear" on proposed class claims accusing Jaguar Land Rover's U.S. arm of knowingly selling thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge found Tuesday.
November 12, 2024
Ex-Capital One Workers Lodge $43M 401(k) Forfeiture Suit

A group of former Capital One employees has brought a proposed class action in New York federal court accusing the financial institution and its top brass of improperly using $42.65 million in forfeited employee funds that were paid into the company's retirement plan to reduce its own contributions to the plan.
November 12, 2024
Deloitte Must Face Certified Class Over Nuclear Audit Reports

A South Carolina federal judge on Tuesday certified a class of SCANA Corp. investors accusing Deloitte of issuing audit reports that misled them about the progress the utility company was making on a $9 billion nuclear energy expansion project that failed.
November 12, 2024
HIV Drug Buyers Want Gilead Product Switch Claims Revived

Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.
November 12, 2024
Web App Antitrust Suit Backed By Epic-Apple, 9th Circ. Told

A proposed class of iPhone buyers urged the Ninth Circuit on Friday to revive their antitrust claims over Apple's barriers against advanced web-based apps, saying a California federal judge's dismissal order directly contradicts binding precedent from Epic Games' landmark monopoly suit against the tech giant.
November 12, 2024
Weedmaps Execs Named In Derivative Action Over SEC Fine

Current and former executives and directors of Weedmaps' parent company face shareholder derivative claims following an investor class action and a regulator's fine over the digital cannabis marketplace's alleged use of "willfully inflated" user metrics.
November 12, 2024
Nationstar Gets COVID-19 Loan Aid Suit Tossed For Good

Nationstar Mortgage has beaten for good a lawsuit alleging it wrongly denied COVID-19 loss mitigation assistance for delinquent mortgages, with a Pennsylvania federal judge ruling homeowners did not amend their suit to prove the company violated the law.
November 12, 2024
Two Ga. Companies Hit With Data Breach Class Actions

Two Georgia companies were sued in federal court on Friday over their alleged failure to safeguard the personally identifiable information of thousands in data breaches that occurred earlier this year.
November 12, 2024
Valve Can't Speak Directly With Gamers In Antitrust Row

A Washington federal judge has rejected a bid by Valve Corp. to directly contact 624 game buyers named in its suit seeking to block them from further arbitrating antitrust claims, saying the video game seller hasn't pointed to "exceptional circumstances" warranting the clearance to reach out to the defendants outside the presence of legal counsel.
November 12, 2024
Thompson Coburn Hit With Suit Over Healthcare Data Breach

Thompson Coburn LLP was hit with a proposed class action Tuesday in Missouri federal court alleging the firm did not do enough to safeguard data provided to a healthcare provider client, resulting in a data breach that compromised individuals' personal information.
November 12, 2024
10th Circ. Backs Arbitration Denial In Distributor's OT Suit

The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.

Editor's Picks

NFL Seeks To End Race-Based Concussion Tests After Outcry

The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.

Expert Analysis

Class Actions At The Circuit Courts: November Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
Notable Q3 Updates In Insurance Class Actions

Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
Justices Must Weigh Reach Of Civil RICO In Cannabis Case

Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
Promoting Diversity In The Selection Of ADR Neutrals

Excerpt from Practical Guidance

Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
Series

Playing Ultimate Makes Us Better Lawyers

In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
E-Discovery Quarterly: Recent Rulings On Metadata

Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
Website Accessibility Ruling Leaves Circuit Split Unresolved

A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
The Fed. Circ. In October: Aetna And License-Term Review

The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.
Striking A Balance Between AI Use And Attorney Well-Being

As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
Empathy In Mediation Offers A Soft Landing For Disputes

Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
A Look At The Increased Scrutiny Of Cash Sweep Programs

Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.
Series

Being An Artist Makes Me A Better Lawyer

My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.
How Judiciary Can Minimize AI Risks In Secondary Sources

Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.