Class Action

  • October 18, 2024

    NCAA's $2.78B NIL Deal Still Faces Long Road To Final OK

    The absence of noticeable change to address concerns flagged by a California federal judge about the NCAA's $2.78 billion name, image and likeness compensation settlement made that same judge's preliminary approval of the deal last week surprising, and experts say those same problematic provisions likely will make final approval an uphill battle.

  • October 17, 2024

    Apple's $20M Watch Defect Deal Lacks Info, Judge Says

    A California federal judge has declined to preliminarily approve Apple's $20 million deal to resolve a proposed class action alleging certain Apple Watches have a battery defect that can cause serious injuries, ordering counsel to submit additional information, including details on the lawsuit's maximum value if consumers win at trial.

  • October 17, 2024

    Acadia Hid Wrongful Detainment Of Patients, Investor Claims

    Behavioral healthcare provider Acadia Healthcare was hit with a proposed securities class action in Tennessee federal court alleging that investors were damaged after The New York Times published an investigative report saying the company detained patients in its psychiatric facilities for financial gain rather than out of medical necessity.

  • October 17, 2024

    Stockholders Sue Tech Co. Controllers Over Equity Shuffle

    Stockholders of materials science venture Footprint International have sued the company, several current and former board members and its controlling shareholders in Delaware Chancery Court, seeking damages for allegedly conflicted refinancing moves that stripped regular shareholders of their interests and rights.

  • October 17, 2024

    Rocket Investors Eye New Cert. Bid After Post-Goldman Denial

    A pension fund has asked a Michigan federal judge for another chance at class certification in a suit alleging Rocket Cos. hid its knowledge of a drop in its mortgage business, saying the new class would be "substantially narrowed" after certification was previously denied in light of a recent U.S. Supreme Court decision.

  • October 17, 2024

    Burford Again Loses Fight Against Meat Price-Fixing Deal

    An Illinois federal judge on Thursday refused for a second time to let a Burford Capital LLC unit unbind itself from a global settlement Pilgrim's Pride and Sysco entered to resolve chicken, pork and beef price-fixing claims.

  • October 17, 2024

    Va. Judge Signs Off On Prolonged Detention Suit Settlement

    A Virginia federal judge has given final approval to a settlement between the American Civil Liberties Union of Virginia and U.S. Immigration and Customs Enforcement ending class claims accusing the agency of detaining immigrants in the District of Columbia and Virginia after they'd been granted relief from removal.

  • October 17, 2024

    Zoox Investors Battle Amazon Sale Suit Toss In Chancery

    An attorney for self-driving robotaxi venture Zoox Inc., its directors and Amazon.com told Delaware's chancellor on Thursday that insolvency was days away when Zoox agreed to a $1.3 billion acquisition by Amazon.com in June 2020, despite conflicting claims from stockholders who challenged the deal.

  • October 17, 2024

    Chevron, Syngenta Want 600 'Baseless' Paraquat Cases Nixed

    Chevron and Syngenta urged an Illinois federal judge on Wednesday to begin the dismissal process for almost 600 paraquat plaintiffs the companies say have flouted a court order to document their alleged exposure to the pesticide.

  • October 17, 2024

    Golf Course Co. Data Breach Claimants Want 4 Cases Merged

    The plaintiffs in four separate proposed class actions alleging an Illinois-based operator of golf courses failed to protect customers' information following a data breach have asked an Illinois federal court to consolidate their cases, arguing that their claims arise from the same operative facts.

  • October 17, 2024

    Amgen Faces Derivative Suit In Del. Over Tax Disclosures

    An Amgen Inc. stockholder has sued the company in Delaware's Court of Chancery seeking derivative recoveries for the multinational biopharmaceutical company from its directors and officers based on allegedly false and misleading statements regarding $10.7 billion in federal tax bills and penalties.

  • October 17, 2024

    55K Labcorp 401(k) Participants Get Class Cert. In Fees Suit

    Approximately 55,000 LabCorp workers were granted class status by a North Carolina federal judge Wednesday in their litigation against the company over steep 401(k) plan record-keeping fees allegedly inhibiting their ability to save for retirement.

  • October 17, 2024

    Google Asks 9th Circ. To Immediately Pause Epic Injunction

    Google filed an emergency motion late Wednesday in its antitrust battle with Epic Games Inc. asking the Ninth Circuit to stay a lower court's injunction that's set to take effect Nov. 1 requiring Google to open up its Play Store to competing app stores, slamming the injunction as harmful and "unworkable."

  • October 17, 2024

    Seyfarth Hit With $8M Suit For Botched Wage Class Settlement

    Seyfarth Shaw LLP owes a physician practice almost $8 million for negligently removing hundreds of the practice's employees from a list of those entitled to part of a $4.9 million wage and hour settlement, costing the practice another $3.6 million to correct the mistake, according to a California suit.

  • October 17, 2024

    Former X Exec 'Worst' For Class In Bonus Suit, Judge Says

    A former X Corp. senior director of compensation is "the worst possible candidate" for the class he proposed in his suit claiming unpaid bonuses after Elon Musk took the reins of the company, a California federal judge said, slamming his bid for class certification.

  • October 16, 2024

    BetterHelp Can't Ax Suit Over Sharing Data With Advertisers

    A California federal judge has trimmed but refused to completely toss a consolidated putative class action accusing online counseling platform BetterHelp Inc. of unlawfully disclosing consumers' confidential information to third parties for advertising purposes, finding that newly added details boosted several of the plaintiffs' claims. 

  • October 16, 2024

    Indiana U. Hit With Sex Abuse Claims Over Sports Doc Exams

    Indiana University has been accused in a new lawsuit of turning a blind eye to the sexual misconduct of a longtime physician for the IU men's basketball team who allegedly routinely assaulted student athletes.

  • October 16, 2024

    Chinese AI Co. Hit With Investor Suit Over Nasdaq Compliance

    China-based artificial intelligence company Xiao-I Corp. was hit with a proposed investor class action in New York federal court alleging it downplayed increasing research and development costs that it was incurring, increasing the likelihood that it would fail to comply with the Nasdaq Stock Market's minimum price requirement after going public.

  • October 16, 2024

    Gatos Silver Investor Deal Gets Final OK, Attys Score $6M Fee

    Attorneys from Bleichmar Fonti & Auld LLP, Wheeler Trigg O'Donnell LLP and The Schall Law Firm will receive over $6 million after representing investors in a settlement with precious metals company Gatos Silver Inc. over claims the company knowingly overstated expectations about the resources and reserves in its mine in Mexico.

  • October 16, 2024

    H2-A Workers Allegedly Forced To Work In Potato Warehouses

    Three Mexican citizens filed a proposed collective action in Colorado federal court Tuesday alleging a company lured them to work in the U.S. under guest worker visas with false promises, then trafficked them into forced labor in Colorado potato warehouses.

  • October 16, 2024

    County Asks Judge To Let State Court Handle Detention Issue

    An Indiana county asked a federal court on Tuesday to refrain from hearing immigrant detainees' claims that it violated a duty to "take care" of them, saying the question involves complex local issues that should be resolved by a state court.

  • October 16, 2024

    Atty Pressed On DMI Stock Drop Focus In Del. Merger Suit

    A Delaware vice chancellor repeatedly pressed an attorney for shareholders of 3D printer manufacturer The ExOne Co. Wednesday on the relative importance of a stock drop experienced by acquirer Desktop Metal Inc. before and after shareholders voted on a $575 million merger.

  • October 16, 2024

    Feds Say EPA Not Responsible For Flint Water Crisis

    The U.S. Environmental Protection Agency on Wednesday sought to shake claims from Flint, Michigan, residents alleging the agency did not properly respond to the water crisis, telling a Michigan federal judge it had no part in switching the town's water source or corrosion control efforts.

  • October 16, 2024

    Banks Ditch Exchange's Boycott Conspiracy Suit At 2nd Circ.

    The Second Circuit on Wednesday rejected a small trading exchange's effort to revive its claims that several major banks conspired to shut it out of the credit default swap market, saying the exchange failed to plausibly allege that the banks' conduct was the result of an unlawful agreement or conspiracy.

  • October 16, 2024

    CenturyLink Seeks Erasure Of $140M Class Verdict

    CenturyLink is asking for a new trial after a jury ordered it to pay more than $140 million for illegally running credit reports on customers looking for internet service on its website, telling an Arizona federal judge that no evidence from the case suggested that the company willfully violated the law.

Expert Analysis

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

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    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • What 2 Key Rulings Mean For Solicitation Under TCPA

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    Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Navigating The Complexities Of Cyber Incident Reporting

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    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

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