Class Action

November 27, 2023
3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.

The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.
November 27, 2023
Google's Android Monopoly Harms Users, Stanford Prof Says

A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."
November 27, 2023
McDonald's Asks Justices To Review Workers' No-Poach Case

McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.
November 27, 2023
Target's 'Reef-Conscious' Sunscreen Is A Lie, Suit Alleges

Target was hit with a proposed class action on Monday in Florida federal court accusing the retailer of selling sunscreen that is falsely labeled as containing a "reef-conscious formula" when it actually uses ingredients that are harmful to coral reef ecosystems.
November 27, 2023
Perkins Coie Inks Prelim. Deal In Cryptocurrency Class Action

Perkins Coie LLP and a proposed class that sued the BigLaw firm for allegedly misappropriating $10 million in cryptocurrency reached a preliminary settlement to end the case for $4.5 million, according to a filing made in Washington state federal court on Monday.
November 27, 2023
Levi, Pomerantz Seek To Lead Insulin Pump Co. Investor Suit

Levi & Korsinsky LLP and Pomerantz LLP want to represent a proposed class of investors in a suit alleging insulin pump maker Tandem Diabetes Care Inc. and its executives misled the public about the company's growth prospects for the year amid inflation and an uptick in competition.
November 27, 2023
Self-Driving Tech Co. Investors Sue Over Misused Image Claim

Executives and directors of self-driving car company Luminar Technologies Inc. face a shareholder derivative complaint alleging they damaged investors after a competitor accused the company of using an image of its proprietary technology in a pitch to investors.
November 27, 2023
FTX Investors Sue MLB, F1 Team Over Crypto Promotions

A group of FTX investors launched three proposed class actions in Florida federal court Monday against Major League Baseball, Mercedes-Benz's Formula One racing team, and a global sports and media talent company over their previous involvement with and promotion of the now-defunct cryptocurrency exchange.
November 27, 2023
Firm Bows Out Of Pursuing UFC Fighters For Wage Claims

Sparacino PLLC has agreed to stop contacting Ultimate Fighting Championship contenders who are potential members of a proposed class in a Nevada federal lawsuit that accuses the organization of repressing wages and is already represented by a group of lawyers from several firms.
November 27, 2023
Now-Certified Class Alleges NH Has Bungled Medicaid Program

A New Hampshire federal court certified a class of individuals with disabilities Monday in an action claiming that state mismanagement of a Medicaid program has deprived them of necessary and authorized medical services, ruling that the suit has shown enough evidence of specific practices that affect the entire class.
November 27, 2023
Investors In Sensing-Tech Co. Sue In Del. To Block Share Sale

Stockholders of sensing-tech company Aeva Technologies sued its directors and officers in Delaware's Court of Chancery on Monday for a preliminary injunction to block a potentially "massively" dilutive stock sale allegedly lined up without clear impact estimates.
November 27, 2023
Ex-Papa John's Manager Resubmits $5M No-Poach Settlement

A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.
November 27, 2023
Judge Chides Oil Plaintiffs For 'Procedural Gymnastics'

A Colorado federal judge has again knocked down a proposed royalty class action against a Chevron unit and Kerr-McGee, ruling that leaseholders' decision to engage in "procedural gymnastics" instead of filing an appeal was a problem of their own making.
November 27, 2023
Judge OKs Investor Attys' $19.2M Fee For Libor-Rigging Deals

A New York federal judge on Monday approved a $19.2 million award for attorneys representing investors in a Libor-rigging case against several financial institutions for their role in securing multiple settlements totaling over $74 million.
November 27, 2023
John Deere Can't Avoid Trial In Right-To-Repair Monopoly Suit

John Deere must face a proposed class action alleging that it limits competition for farm equipment repairs by preventing unaffiliated repair shops from acquiring necessary tools, an Illinois federal judge ruled Monday, saying the proposed class has sufficiently shown that it exercises monopoly power.
November 27, 2023
GM Drivers Ask 6th Circ. To Revive Truck Emissions Suit

Drivers urged the Sixth Circuit on Monday to revive their consolidated proposed class action accusing General Motors of rigging certain Chevrolet Silverado and Sierra vehicles with emissions-cheating software, saying their state law deceptive marketing claims don't conflict with federal law.
November 27, 2023
Horizon Bank Says Investor Suit Omits Relevant Market Info

Horizon Bancorp Inc. wants to dismiss a suit accusing it of artificially inflating its shares by making false and misleading representations about its financial controls, saying among other things the plaintiff omits key information about market conditions during the suit's relevant period, which overlaps with the collapse of Silicon Valley Bank.
November 27, 2023
Golf Course Cos. Ask 4th Circ. Not To Certify Chinese Citizens

A group of golf course ownership companies has asked the Fourth Circuit to affirm a trial court's denial of class certification to investors suing over the use of their money by now-defunct Chinese peer-to-peer lending firms, saying the suit doesn't belong in the U.S. courts.
November 27, 2023
RealPage, Landlords Say DOJ Wrong On Price-Fixing Claims

RealPage and several landlords accused of using the company's software to fix residential rental rates across the country told a Tennessee federal court the U.S. Department of Justice is trying to improperly expand antitrust law with its statement of interest in the private case.
November 27, 2023
Twitter Plaintiff Can't Point To Specific Privacy Promises

A Washington federal judge has tossed a Twitter user's proposed class action accusing the social media giant of deceptively obtaining his phone number for targeted advertising, ruling the user failed to identify what specific privacy assurance the site made that led him to provide the contact information.
November 27, 2023
Plaintiffs Say Roblox Is Not Immune In Illegal Gambling Case

Two parents suing the Roblox gaming platform for allegedly enticing minors to gamble on virtual casino sites told a California federal court that their complaint should not be dismissed, saying it pleads a lawfully recognizable injury and the company's conduct falls outside the protections of the Communications Decency Act.
August 10, 2023
Investor Attys Want $19.2M For $74M Libor-Rigging Deals

Attorneys representing California State Teachers Retirement System in the Libor-rigging case against several financial institutions asked a New York federal judge for a $19.2 million award for their role in securing several settlements totaling nearly $74 million.
November 27, 2023
Nussbaum And Company Win Battle For Counsel Position

A New Jersey federal judge has appointed Nussbaum Law Group PC, Korein Tillery PC and Hausfeld LLP as co-lead interim counsel in an antitrust suit against fragrance manufacturers, rejecting a bid from other firms led by Quinn Emanuel Urquhart & Sullivan LLP for the roles.
November 27, 2023
Dish Network Can't Ax Majority Of 401(k) Mismanagement Suit

A Colorado federal judge backed a magistrate judge's call to mostly deny Dish Network's bid to dismiss a lawsuit brought by former employees alleging the company hurt their retirement savings by failing to nix underperforming investments from its plan.
November 27, 2023
Set Designer Says Board Members Must Face Pension Suit

A set designer urged a California federal court not to throw out her federal benefits lawsuit accusing the board of the Motion Picture Industry Pension Plans of mismanaging its plan, saying she put forward enough detail to keep her allegations against the board's members in play.

Editor's Picks

NFL Seeks To End Race-Based Concussion Tests After Outcry

The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.

Expert Analysis

Kochava Ruling May Hint At Next Privacy Class Action Wave

The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.
An Overview Of Circuit Courts' Interlocutory Motion Standards

The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
When Courts Engage In Fact-Finding At The Pleading Stage

It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.
3 Employer Strategies To Streamline Mass Arbitrations

Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.
9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal

The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
How The Netherlands Became A Hub For EU Class Actions

As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.
Transparency And Explainability Are Critical To AI Compliance

Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
Preparing Law Students For A New, AI-Assisted Legal World

As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
General Counsel Need Data Literacy To Keep Up With AI

With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
Retailers: Beware Legislator And Regulator Junk Fee Focus

In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.
Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
Navigating Discovery Of Generative AI Information

As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.