Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

10th Circ. Side-Eyes Gas Royalty Claims Against Chevron Unit

By Juan-Carlos Rodriguez

Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.

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10th Circ. Questions Sunoco Bid To Nix $180M Royalty Ruling

By Keith Goldberg

Tenth Circuit judges on Wednesday weighed Sunoco Inc.'s latest bid to undo a $180 million judgment for withholding late interest payments on oil royalties to Oklahoma landowners, and sharply questioned the company's argument that the class action should never have been certified.

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Colo. Justices Doubtful Students' COVID Fee Suit Will Survive

By Thy Vo

Colorado's justices were skeptical Wednesday that Colorado State University students seeking fee refunds for coronavirus campus shutdowns can bring an unjust enrichment claim, with one justice saying the students' attorney is advocating for an "enormous" extension of existing law.

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Beasley Allen And J&J Tussle Over Atty Sanctions Bid

By Madison Arnold

Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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SECURITIES

Wells Fargo Must Turn Over E-Docs In TelexFree Litigation

By Julie Manganis

A Massachusetts magistrate judge on Wednesday ordered Wells Fargo Advisors LLC to hand over electronic files maintained by a compliance manager who investigated potential misconduct by an employee handling accounts of TelexFree associates under investigation in a $3 billion Ponzi scheme.

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Xerox Faces Investor Suit Over 'Reinvention' Strategy

By Sydney Price

Business technology company Xerox Inc. has been hit with a proposed shareholder class action in New York federal court alleging the company's stockholders were harmed by a "reinvention" strategy it introduced in 2023 that yielded lower sales and revenue.

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Advance Notice Bylaw Measures Fuel Chancery Battle

By Jeff Montgomery

Arguing that recent corporate advance notice bylaws have resulted in "real, actual harm" to stockholders of Owings Corning and The AES Corp., attorneys for shareholders of both urged a Delaware vice chancellor on Wednesday to reject calls to dismiss challenges to the measures.

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Bumble Brass Fumbled App Revamps, Investor Suit Says

By Emilie Ruscoe

Current and former brass of dating app Bumble's parent company face shareholder derivative claims that they projected overconfidence about revamping its app, then saw trading prices crater when Bumble lowered its 2024 growth projections amid the tinkering.

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Lululemon Execs Hit With Derivative Suit Over DEI Program

By Bonnie Eslinger

Lululemon leadership was hit with a shareholder derivative suit Wednesday claiming they made false statements related to the company's new "Inclusion, Diversity, Equity and Action" program that artificially boosted the company's stock price and also concealed problems with the company's inventory allocation.

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Firms For Ohio Funds Aim To Steer ZoomInfo Investor Suit

By Ryan Harroff

Two Ohio retirement funds asked a Washington federal judge to name their attorneys from Labaton Keller Sucharow LLP and Byrnes Keller Cromwell LLP as lead counsel and liaison counsel in investor claims brought against ZoomInfo Technologies Inc. over its allegedly misguided attempts to maintain a pandemic-era customer boom.

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Ex-Pharma CEO Demands Legal Fees For SEC Probe

By Sydney Price

Cancer treatment development company Eagle Pharmaceuticals Inc.'s founder and ex-CEO told Delaware's Chancery Court Wednesday that he is entitled to legal fees he says the company owes him in connection with a U.S. Securities and Exchange Commission probe into the company's accounting practices, saying he continues to incur fees in addition to the $875,000 he has already requested.

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EMPLOYMENT & BENEFITS

6th Circ. Revives 401(k) Fund Suit Against Parker-Hannifin

By Kellie Mejdrich

A split panel of the Sixth Circuit on Wednesday revived a proposed class action against Parker-Hannifin Corp. from workers who alleged mismanagement of their employee retirement plan, finding a lower court erred in dismissing claims that high-fee and poorly performing investment offerings in the plan violated federal benefits law.

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Mass. Town To Pay $102K To Settle Firefighters' OT Claim

By Brian Dowling

Nearly 120 firefighters in Brookline, Massachusetts, have agreed to a $101,604 settlement to resolve claims that the town shorted them on overtime calculations, according to a Wednesday filing.

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Worker Says He Was Fired For Flagging Class Action Form

By Emmy Freedman

A Denver restaurant group failed to fully compensate employees and fired a worker who refused to sign a form that would bar him from joining a wage and hour class action previously filed against the company, a lawsuit filed in Colorado state court said.

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PRODUCT LIABILITY

CVS Can't Dodge Proposed Action Over 'Non-Drowsy' Claims

By Rae Ann Varona

CVS Pharmacy must continue facing a proposed class action alleging it "dangerously" markets over-the-counter medicine as "non-drowsy" despite containing a substance known to cause drowsiness after a Missouri federal judge on Wednesday refused to toss claims lodged under Missouri and other states' consumer protection laws.

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Veggie Co. Hit With False Ad Suit Over E. Coli Outbreak

By Mike Curley

A proposed class of consumers is suing Grimmway Enterprises Inc., alleging that it failed to disclose that its whole and baby carrot products were or could be contaminated with e. coli, deceiving buyers into thinking they were safe for consumption.

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CONSUMER PROTECTION

Data Security Co. Shakes Suit Over Auto-Renewal Model

By Allison Grande

A North Carolina federal judge has axed a proposed class action accusing a digital security provider of tricking consumers into pricey subscriptions that were difficult to cancel, finding that while the dispute raises "legitimate societal concerns," the plaintiff failed to show that he was injured by this alleged conduct.

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INSURANCE

Burger King Franchisee Escapes BIPA Coverage Counterclaim

By Celeste Bott

An Illinois federal judge has axed an AIG subsidiary's counterclaim in a Burger King franchisee's lawsuit seeking coverage for an underlying case accusing it of violating Illinois' biometric privacy law, concluding that the counterclaim is redundant and "adds nothing that will not be decided through resolution of the motions for summary judgment."

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IMMIGRATION

DACA Recipient Fights To Keep NJ Apartment Bias Suit Alive

By Grace Dixon

A Deferred Action for Childhood Arrivals recipient urged a New Jersey federal court not to toss her suit alleging a landlord wrongly refused her housing application, saying she was rejected because she didn't turn over documentation that is unavailable to DACA recipients.

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SPORTS & BETTING

Attys Slam Deceptive NIL Settlement Services In NCAA Case

By Elaine Briseño

Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.

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EXPERT ANALYSIS

$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks

TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.

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What Cos. Can Learn from Water Microplastics Class Actions

Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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LAW FIRMS IN TODAY'S NEWS

Adamski Moroski

Advisors LLC

Akerman LLP

Altman & Altman

Anderson & Kreiger

ArentFox Schiff LLP

Barton & Burrows

Beasley Allen

Beck Redden

Bernstein Litowitz

Bonsignore Trial Lawyers

Bradley Arant

Brown Law Firm

Byrnes Keller

Clement & Murphy

Cooley LLP

Cravath Swaine

Davis Graham

Faegre Drinker

Fenwick & West

Foley & Lardner

Gainey McKenna

Gilbert Employment Law

Girardi & Keese

Glancy Prongay

Gordon Rees Scully Mansukhani

Grant & Eisenhofer

Green LLP

Greenwich Legal Associates LLC

HKM Employment Attorneys

Hagens Berman

Harvath Law Group

Hinkhouse Williams

Jenner & Block

Jones Day

Keller & Heckman

Kilpatrick Townsend

Kishinevsky & Raykin

Labaton Keller

Latham & Watkins

McDermott Will & Emery

McGuireWoods

Milbank LLP

Milberg Coleman

Mirick O'Connell

Moore & Van Allen

Morgan Lewis

NechelesLaw

Olshan Frome

Orrick Herrington

Otterbourg PC

Paul Hastings

Paul Weiss

Porter Hedges

RM Law PC

Rathje Woodward

Reese LLP

Richards Layton

Robinson Bradshaw

Ropes & Gray

Sandulli Grace

Saul Ewing

Saveri & Saveri

Schlichter Bogard

Shook Hardy

Spector Roseman

Stranch Jennings

The Miller Law Firm PC (Rochester, MI)

Weil Gotshal

Wilkinson Stekloff

Winston & Strawn

Wittels McInturff

Wood Smith

COMPANIES IN TODAY'S NEWS

AIM ImmunoTech Inc.

American International Group Inc.

Atlantic Coast Conference

BlueTriton Brands

Boston University

Bumble Inc.

Burger King Holdings Inc.

CG Roxane LLC

CVS Health Corp.

Chevron Corp.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Eagle Pharmaceuticals Inc.

Early Warning Services LLC

Grimmway Enterprises Inc.

Groupe Danone

Johnson & Johnson

Kiteworks USA LLC

LinkedIn Corp.

Mexican American Legal Defense & Educational Fund

Michigan Milk Producers Association

Microsoft Corp.

National Collegiate Athletic Association

Nestle SA

New York University

Newell Brands Inc.

Noble Energy Inc.

Ohio Public Employees Retirement System

Owens Corning Corp.

PG&E Corp.

Pac-12 Enterprises LLC

Parker-Hannifin Corp.

Phillips 66

Planned Parenthood Federation

Princeton University

Roivant Sciences Ltd.

State Teachers Retirement System of Ohio

Sunoco LP

TelexFree LLC

Tesla Inc.

The AES Corp.

The Cigna Group

The Leadership Conference on Civil & Human Rights

Toronto-Dominion Bank

Trader Joe's Co.

Venmo LLC

WebMD LLC

Wells Fargo & Co.

Xerox Holdings Corp.

ZoomInfo Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Supreme Court

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Federal Reserve System

Federal Trade Commission

Financial Crimes Enforcement Network

Food and Drug Administration

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Labor Relations Board

New York County District Attorney's Office

New York Supreme Court, New York County

Office of the Comptroller of the Currency

Ohio Attorney General's Office

Patent Trial and Appeal Board

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the Northern District of Alabama

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington