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Class Action
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July 15, 2024
BMW, Customer Agree To Drop Motorcycle Gear Display Fight
BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.
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July 15, 2024
Workday AI Hiring Bias Suit Cleared To Move Ahead
A job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools got the go-ahead to move into the fact-finding stage, as a California federal judge said it's plausible that employment bias laws could stretch to reach the software vendor.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Engineering Firms Ink $26.5M Deals To End 'No-Poach' Claims
Four engineering firms have agreed to shell out a total of $26.5 million, while a fifth has pledged to cooperate, to settle a proposed class action alleging they conspired to restrict hiring through "no-poach" agreements, leaving RTX Corp. unit Pratt & Whitney as the sole defendant, plaintiffs told a Connecticut federal judge on Friday.
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July 12, 2024
AI Drugmaker BioXcel Beats Investor Fraud Suit, For Now
A Connecticut federal judge has tossed a proposed securities fraud class action against BioXcel Therapeutics Inc., saying that while shareholders sufficiently alleged the AI-driven drugmaker made misleading statements concerning a dementia drug study's compliance issues, they failed to adequately plead the company intended to deceive or defraud investors.
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July 12, 2024
DHS Says Recent High Court Rulings Doom CBP App Claims
The U.S. Department of Homeland Security said Friday that a pair of recent U.S. Supreme Court rulings addressing the issue of standing mean that two organizations lack the standing to challenge its requirement that migrants use a smartphone app to submit applications.
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July 12, 2024
FirstEnergy Denied 6th Circ. Appeal In Doc Dispute
Scandal-plagued utility company FirstEnergy Corp. lost another attempt to shield internal investigation documents from a class of investors as well as its former CEO on Friday when an Ohio federal judge denied the company's request to appeal the dispute to the Sixth Circuit on a "logically fallacious" premise.
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July 12, 2024
Opioid MDL Plaintiffs Atty Fee Awards Upheld
The Ohio federal judge overseeing the multidistrict litigation over the opioid epidemic denied several law firms' requests to amend the share of legal fees they received in the case, except an appeal from Spangenberg Shibley & Liber, reasoning that one of its attorneys' work has been "invaluable."
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July 12, 2024
Judge Swipes Left On Match Group Investors' Suit
A Delaware federal judge has dismissed, for now, investor allegations that dating website operator Match Group Inc. misled the market about an integration process.
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July 12, 2024
2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit
Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.
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July 12, 2024
Ex-Thermo Fisher Worker Fights For 401(k) Forfeiture Suit
A Thermo Fisher Scientific Inc. retirement plan participant told a California federal judge Friday she has standing to claim the company violated federal benefits law by using forfeited plan money to aid its own contributions instead of slimming expenses, arguments aimed at fending off the company's dismissal bid.
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July 12, 2024
Vicor Hit With Short Sellers' Suit Over Partnership Disclosure
Several short sellers have sued power systems manufacturer Vicor Corp. claiming the company misled the market when it announced it would enter a significant partnership with one of its major customers, but later told investors the partnership would never come to fruition, damaging short sellers.
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July 12, 2024
Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails
Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.
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July 12, 2024
Colo. Prisoners Seek Class Cert. In Slave Labor Suit
A pair of Colorado prisoners have asked a state judge to grant class certification for their suit alleging the state is illegally using them for slave labor, detailing their experiences of punishment like extensive isolation for refusing to work.
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July 12, 2024
Valve Says Too Much Game Publisher Variety For Class Cert.
Online gaming giant Valve is fighting certification of a class of some 32,000 gaming publishers that distributed their titles through the company's Steam platform, arguing those publishers have nothing in common to assert any commonality in the alleged creation of a pricing floor that helped sustain Valve's 30% commissions.
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July 12, 2024
Off The Bench: NCAA Loses, Favre Wobbles, NFL Fights Back
In this week's Off The Bench, the Third Circuit enlivens the debate over whether college athletes can be considered employees, the Fifth Circuit is skeptical of Brett Favre's defamation suit and the NFL disputes claims of racism.
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July 12, 2024
Citigroup Wants Racial-Bias Lawsuit Over ATM Fees Tossed
Citigroup has asked a Florida federal judge to dismiss a racial discrimination lawsuit that claims the bank violated federal civil rights laws by waiving ATM fees for customers of minority-owned banks, saying the plaintiffs have failed to plead an injury that is traceable to the alleged misconduct.
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July 12, 2024
Apollo Seeks Chancery Toss Of Stockholder Pact Challenge
Pointing in part to a pending Delaware law that would allow corporate directors to cede some board powers to big stockholders, Apollo Global Management Inc. has asked a Delaware vice chancellor to dismiss a suit challenging its own stockholder pact.
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July 12, 2024
Delta Slams Flyers' Facebook Data Sharing Class Action
Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.
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July 12, 2024
Staffing Agency Accused Of Misclassifying Workers
A staffing agency misclassified customer service agents as independent contractors and failed to pay them for all the hours they worked, according to a proposed class and collective action filed in Colorado federal court.
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July 12, 2024
Judge Questions Zuckerberg's Bid To Dodge Liability In MDL
A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."
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July 12, 2024
No Injury In Suit Targeting J&J Asset Shuffles, Talc Unit Says
Johnson & Johnson wants a New Jersey federal judge to toss a proposed class action alleging that the company has tried to intentionally prevent talc claimants from getting their day in court through a scheme of fraudulent corporate transactions, arguing that the cancer patients failed to show how any of the challenged transactions left it unable to pay its talc claims.
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July 12, 2024
Ex-Quantix Worker Sues Abbott Labs Over Drug Test Firing
A former employee of Quantix SCS LLC is suing the company, Abbott Laboratories Inc. and two other drug testing companies, saying he was wrongly fired after testing positive for THC and the companies did not consider that it could have resulted from his use of legal CBD products.
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July 12, 2024
American Airlines Pilot Pushes For $16M Win After ERISA Trial
An American Airlines pilot urged a Texas federal court to make the airline cough up nearly $16 million following a June bench trial in a retirement savings class action, arguing the company breached its fiduciary duties to its retirement plan by focusing too heavily on environmental and social factors in investments.
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July 12, 2024
Chancery Approves $19.5M Convey-TPG Settlement
Former shareholders of Convey Health Solutions Inc. won Delaware Chancery Court approval Friday of a $19.5 million cash settlement to resolve a class challenge to the healthcare technology company's $1.1 billion take-private acquisition by TPG Inc., with $3.88 million going to class attorneys after expenses.
Expert Analysis
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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4 Ways Businesses Can Address Threat Of Mass Arbitration
Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.
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Managing Legal Risks After University Gaza Protests
Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.