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Class Action
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July 09, 2024
Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit
An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.
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July 09, 2024
$2.4 Million Crate & Barrel BIPA Deal Gets Final OK
A Cook County judge on Tuesday gave his final signoff to a $2.4 million deal ending litigation accusing Crate & Barrel of violating Illinois' biometric privacy law by requiring employees at its stores to scan their fingerprints to track their time worked without first securing their written, informed permission.
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July 09, 2024
Chancery OKs $22M Golden Nugget Deal, Trims Fee To $4M
Former stockholders of Golden Nugget Online Gaming Inc. who challenged the venture's $1.56 billion all-stock sale in May 2022 to DraftKings Inc. got approval Tuesday to settle their Delaware Chancery Court class action for $22 million cash, with $4 million of it going to class attorneys.
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July 08, 2024
Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told
Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws.
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July 08, 2024
Holland & Hart Dodges Deposition Order In Discovery Spat
A Washington federal judge said from the bench Monday that she would not order the deposition of High 5 Games LLC's defense team for alleged discovery misconduct in a class action accusing the company of targeting gambling addicts, ruling the depositions were not crucial to make a case for sanctions.
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July 08, 2024
CFPB Backs Bank In Ill. Customer's 'Schumer Box' Suit
The Consumer Financial Protection Bureau has thrown its support behind an Illinois bank in litigation over allegedly lacking repayment disclosures in its customer credit statements, saying the regulation at issue does not apply to the plaintiff's form of credit.
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July 08, 2024
Albertsons Looks To Toss 'Naturally Flavored' Cereal Bar Suit
Grocery store chain Albertsons on Monday urged a California federal judge to throw out a proposed class action alleging that it falsely labels its Signature Select cereal bars as "naturally flavored" despite their containing artificial malic acid, saying the packaging, which doesn't claim the bars are free from artificial ingredients, wouldn't mislead reasonable consumers.
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July 08, 2024
UnitedHealth Brass Face Investor Suit Over Merger Probe
Executives and directors of UnitedHealth Group were hit on Monday with a shareholder derivative suit alleging they concealed that the U.S. Department of Justice reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company and that its brass knowingly sold more than $100 million of shares before the information was publicly revealed.
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July 08, 2024
Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win
A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.
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July 08, 2024
Migrants Want Another Try In Martha's Vineyard Flight Suit
Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.
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July 08, 2024
Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told
Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.
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July 08, 2024
American Airlines Faces New Claim In ADA Suit Over Firings
An HIV-positive former flight attendant suing American Airlines over his firing for taking leaves has added as a plaintiff a fellow ex-attendant who claims she was terminated for taking time off to deal with health issues wrought by poor work conditions.
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July 08, 2024
Hyundai, Kia Parent Cos. Escape MDL Over Car-Theft Wave
The South Korean parent companies of Hyundai and Kia do not belong in a multidistrict litigation over a nationwide wave of car thefts following a TikTok trend popularizing tips for breaking into their vehicles, a California federal court said, finding no personal jurisdiction over the foreign entities.
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July 08, 2024
Patient Says Health System Shares Data With Meta, Google
Henry Ford Health in Michigan was hit with a proposed class action Friday alleging that it shares patients' private health information with third parties such as Meta and Google by allowing the companies to have tracking software embedded in its website, including its patient portal, where sensitive health information is uploaded.
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July 08, 2024
Medical Device Co. SeaStar Sued Over Regulatory Disclosures
A healthcare holding company has been hit with a potential shareholder class action alleging it misled investors about the potential regulatory risks and compliance deficiencies associated with bringing its kidney disease treatment device to market, leading to share declines as the information emerged.
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July 08, 2024
Band-Aid Maker Hid Presence Of PFAS In Bandages, Suit Says
A New York woman slapped the maker of Band-Aid products with a proposed nationwide consumer class action on Friday in federal court, alleging that consumers weren't told of toxic "forever chemicals" in some bandages, which were marketed as made with safe materials.
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July 08, 2024
9th Circ. Denies Northrop Retirees' Bid For New Judge
A Ninth Circuit panel on Monday shot down Northrop Grumman pensioners' bid to have their proposed ERISA class action tried before another judge, after two different appellate court panels overturned a lower court judge's two previous dismissals in the matter.
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July 08, 2024
PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say
Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.
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July 08, 2024
Settlement Details Demanded In Insurer Data Breach Action
Following news of a settlement, a North Carolina federal judge ordered parties in a proposed data breach class action to tell the court the status of their agreement, after allegations that an insurance company's data breach led to the compromise of personal information for 64,000 people.
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July 08, 2024
Rite Aid Says Elixir Buyer In Contempt Over Liability Dispute
Bankrupt pharmacy chain Rite Aid has asked a New Jersey bankruptcy judge to find the purchaser of its prescription benefits subsidiary in contempt, saying the buyer is defying his orders by refusing to assume $200 million of the subsidiary's liabilities.
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July 08, 2024
Catching Up With Delaware's Chancery Court
Prince's heirs were left standing alone in a cold world last week after Delaware's Court of Chancery found their attempts to gain control of the late musician's estate too demanding. Delaware's court of equity also waved a wand for Walt Disney and slashed nearly $10 million from a damages award for Sears stockholders. In case you missed anything, here's a recap of all the latest news from Delaware's Chancery Court.
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July 08, 2024
Landowners Defend Wyo. Antitrust Claims Against Anadarko
Wyoming landowners accusing an Occidental Petroleum Corp. unit of antitrust behavior are urging a federal judge to reject its bid for a win on their state law claims as the case heads toward a trial.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 05, 2024
GitHub, OpenAI Get Developers' Copyright Claim Tossed
A California federal judge has trimmed software developers' suit claiming OpenAI and Microsoft's GitHub ripped off their source code to build artificial intelligence tools, axing their claim under the Digital Millennium Copyright Act, according to an order unsealed Friday.
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July 05, 2024
Antitrust Partner In Fatal Crash Remembered As A Mentor
Present and past colleagues this week remembered Molly Donovan, a partner at antitrust boutique Bona Law PC who died in a tragic accident earlier this month, as a powerhouse with an intricate understanding of antitrust matters who always maintained a positive outlook no matter what the status of a case.
Expert Analysis
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Considerations for In-House Counsel Before Testing For PFAS
In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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A Review Of 2023's Most Notable Securities Litigation
There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.