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Class Action
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August 08, 2024
9th Circ. Won't Rethink OK'ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, rejecting Meta Platforms Inc.'s warnings of unchecked fraud class actions.
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August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
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August 08, 2024
Apollo Stockholder Suit Held Until Del. Justices Hear Moelis
Both sides in a Delaware Court of Chancery challenge to an Apollo Global Management Inc. stockholder agreement adopted in 2022 have agreed to a litigation pause, citing the import of a possible Delaware Supreme Court appeal targeting a case that upended state corporate law on similar pacts.
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August 08, 2024
Ex-Morgan & Morgan Client Wants Malpractice Case In Court
A Georgia deputy sheriff suing Morgan & Morgan PA's office in Jacksonville, Florida, for malpractice has urged a Georgia federal court not to send his case to arbitration, as he claimed the firm effectively bullied him into signing a contract with an arbitration clause.
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August 08, 2024
Block & Leviton, Bernstein Litowitz To Lead WWE-UFC Suit
Block & Leviton LLP and Bernstein Litowitz Berger & Grossmann LLP pinned down counsel leadership duties Thursday for a pending, high-profile Delaware Court of Chancery stockholder challenge to World Wrestling Entertainment Inc.'s $21.4 billion merger with Ultimate Fighting Championship.
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August 08, 2024
FedEx Sued By 15K Drivers After OT Collectives End
About 15,000 drivers who worked for FedEx across the U.S. through intermediary employers have filed lawsuits in Pennsylvania and Massachusetts federal courts arguing the logistics giant is responsible for their lack of overtime wages as a joint employer, launching individual claims following a failed effort to sue as a collective.
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August 08, 2024
LegalZoom Seeks Arbitration Of Unauthorized Practice Claims
LegalZoom has asked a New Jersey federal court to force arbitration of proposed class claims that the company engaged in the unauthorized practice of law, arguing the named plaintiff entered into a binding arbitration agreement by clicking "agree and pay now" when he purchased services from the online platform.
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August 07, 2024
10th Circ. Won't Undo Atty Fees In $1.5B Syngenta Corn Deal
The Tenth Circuit on Wednesday backed a Kansas federal judge's allocations of attorney fees to three law firms representing individual claimants in multidistrict litigation over Syngenta's genetically modified corn that was resolved by a $1.5 billion class settlement, finding that the firms' arguments strayed from the issue at hand.
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August 07, 2024
'Something Sketchy Was Going On,' Girardi Client Tells Jury
A man horribly injured in a gas explosion told a Los Angeles federal jury Wednesday that Tom Girardi lied to him for years about the true details of his civil settlement and withheld millions he was owed, but it took him years to figure out "something sketchy was going on."
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August 07, 2024
Abbott Brass Trim But Can't Nix Investors' Formula Recall Suit
A Chicago federal judge on Wednesday substantially trimmed a derivative suit accusing Abbott Laboratories leaders of concealing known safety issues related to recalled infant formula but rejected the defendants' argument that tossing the suit in its entirety was in shareholders' "best interest."
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August 07, 2024
Google Judge To Review Class Attys' $218M Fee Bid Docs
A California federal judge agreed Wednesday to review billing records supporting class counsel's $217.6 million fee bid for cutting a nonmonetary deal with Google to end claims that Google surreptitiously tracked users after Google's counsel claimed the hours were inflated, unjustified and above Google's own $40 million defense legal bill.
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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
TD Bank Shared Customer Data With Meta, Suit Claims
A new proposed class action in New Jersey federal court alleges TD Bank wrongfully shared customers' personal information with Meta Platforms Inc. without consent for marketing purposes.
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August 07, 2024
Fintech Firm Says Plaintiff Is 'Forum Shopping' With NC Suit
Fintech company Figure Lending is urging a North Carolina federal judge to toss a proposed class action over its home equity lines of credit, saying the plaintiff who brought the case is forum shopping with insufficient claims that have been dismissed in other courts.
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August 07, 2024
Shuttered Firm Partner Pulls $9.5M Fee Fight Out Of Arbitration
An Illinois appeals court has reversed the transfer to partial arbitration of a suit accusing a personal injury firm name partner of defrauding the other name partner by collecting $9.5 million in fees shortly before the firm's dissolution, saying the firm's operating agreement with an arbitration clause was superseded by the dissolution agreement.
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August 07, 2024
Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit
Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.
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August 07, 2024
Judge Hints No-Show Amazon, Apple Plaintiff May Testify
A Washington federal judge suggested Wednesday that the original lead plaintiff in an antitrust suit accusing Amazon and Apple of restricting iPhone and iPad sales may need to testify despite his lawyers wanting to drop him from the case, questioning if it would be fair to let the plaintiff continue to dodge long overdue discovery demands.
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August 07, 2024
Tennis Player Says NCAA Prize-Money Ban Causes Real Harm
In a blistering response to the NCAA's defense of its ban on college athletes receiving prize money in non-collegiate competition, college tennis player Reese Brantmeier pointed to the contrast between the ban and new policies allowing name, image and likeness compensation, saying the disparity in rules "strains credibility."
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August 07, 2024
9th Circ. Says Age-Out Suit Not Permissible Before Removal
Indian families waiting for green cards have lost their challenge to a policy that puts their children at risk of aging out of permanent residency, with the Ninth Circuit ruling they can only bring their case after obtaining a deportation order.
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August 07, 2024
Amgen Waged Lawfare To Overcharge For Drug, Suit Claims
Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.
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August 07, 2024
Fla. Bank Shareholders Lose Bid To Stop Recapitalization Deal
A Florida federal judge has denied a post-trial bid by Eastern National Bank NA shareholders to halt a recapitalization deal and stop the bank's board from implementing an equity compensation plan following claims that the bank didn't have proper authorization from the U.S. government to implement the plan.
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August 07, 2024
RELX Hit With Proposed Greenwashing Class Action
RELX PLC has been hit with a proposed class action by a former employee alleging the information and analytics company retaliated against him and committed securities fraud by making various business decisions that contradicted its investor disclosures and public-facing statements.
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August 07, 2024
2nd Circ. Affirms Yale's Win In COVID-19 Tuition Refunds Fight
The Second Circuit on Wednesday affirmed Yale University's win in a student's proposed class action challenging the university's refusal to issue tuition refunds after switching to virtual classes during the COVID-19 pandemic, finding the student's implied contract with Yale gave the university discretion to respond to such "force majeure" public-health events.
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August 07, 2024
6 Swipe Fee Plaintiffs 'Arbitrarily' Picked For 2025 Trial
Six retailers including department store giant Target will go to trial in 2025 on claims that Visa and Mastercard overcharged them, a Manhattan federal judge said Wednesday, explaining that he arbitrarily chose from among 60 plaintiffs in a long-running, multibillion-dollar antitrust battle.
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August 07, 2024
Delta Dental Can't Get Antitrust Standard Decided Early
An Illinois federal judge denied a bid from Delta Dental to have the court decide what legal standard should apply to claims that it violated antitrust law through a $13 billion scheme to restrict competition before ruling on a class certification motion.
Expert Analysis
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.