Class Action

  • February 27, 2024

    NC Short-Term Rental Law Fight Gets Partial Remand

    A North Carolina federal judge divvied up a proposed class action lodged by three vacation property companies claiming a county's recently passed zoning ordinance illegally places restrictions on short-term rentals, sending the state law claims back to state court but maintaining jurisdiction over the federal allegations.

  • February 27, 2024

    UFC, Fighters In Mediation Ahead Of Wage Suppression Trial

    Ultimate Fighting Championship has entered private mediation with a group of fighters suing the promotion in Nevada federal court for suppressing their wages by up to $1.6 billion, adding a new wrinkle to the case just weeks ahead of trial.

  • February 27, 2024

    Conn. Agency Asks Judge To Rethink Tuition Refund Pause

    The Connecticut Office of Higher Education has asked a state judge to vacate a ruling that paused the agency's refund process for students affected by the abrupt shutdown of Stone Academy, arguing the judge shouldn't have exercised jurisdiction over the matter and that the ruling interferes with the agency's statutory authority to implement the program.

  • February 27, 2024

    Food Co. Gets Inflated ESOP Deal Suit Kicked To Arbitration

    An Illinois federal judge said a worker must arbitrate her suit claiming a food manufacturer sold inflated company shares to its employee stock ownership plan, finding the plan's arbitration agreement allows the business to sidestep an exception blocking some federal benefit law claims from out-of-court resolutions.

  • February 26, 2024

    Google Judge Rips $700M Antitrust Deal: 'It's Not Great'

    A California federal judge lambasted a $700 million deal that consumers and state attorneys general struck with Google blocking antitrust claims related to Android apps and the Play Store for 127 million consumers for the next seven years, saying Monday he's "never granted prospective relief" and that plaintiffs "folded" with "four aces."

  • February 26, 2024

    Amazon Loses Round In Suit Over Subscription Renewals

    Amazon must face claims in a proposed class action that its automatic renewal for Prime, Kindle and other services violates California and Oregon consumer laws, according to a Washington federal judge who said Monday that it was unclear if the retail giant did enough to make it easy to cancel after a free trial.

  • February 26, 2024

    Live Nation Can't Cancel Suit Over Eras Tour Sales Meltdown

    A California federal judge refused Friday to end a proposed securities class action alleging Live Nation made misleading statements about its operations when news of alleged anticompetitive practices with Ticketmaster caused stock prices to drop, finding the suit describes "a materially different state of affairs" than what Live Nation claimed.

  • February 26, 2024

    Bayer Beats Flintstone Vitamin Buyers' Cert. Bid, For Now

    A California federal judge has refused to certify a class of consumers claiming that Bayer's Flintstones multivitamin gummies are falsely labeled as "complete," ruling that their named plaintiff isn't an adequate class representative, but giving consumers a chance to select a new named plaintiff and try again.

  • February 26, 2024

    NC Health Data Breach Class Deal Gets Preliminary OK

    A North Carolina state judge has preliminarily approved a settlement resolving a class action against an orthopedic practice over a data breach that compromised sensitive personal information and medical records of current and former patients.

  • February 26, 2024

    Del. Justices Back Toss Of $500M Maxim-Analog Merger Suit

    The Delaware Supreme Court on Monday refused to revive investors' $500 million challenge to Maxim Integrated Products Inc.'s $21 billion merger with Analog Devices Inc., leaving intact a Chancery Court decision throwing out the case in May.

  • February 26, 2024

    Apache's $3B Write-Down Merits Bigger Class, Investors Say

    A group of Apache Corp. investors on the cusp of winning class certification are arguing that their promised class should be extended to encompass even more investors who were allegedly deceived by company promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust. 

  • February 26, 2024

    Apple Antitrust Class Action Gets Early 2026 Trial Date

    A California federal judge on Monday set trial in a high-stakes consumer class action antitrust fight over Apple's App Store policies for February 2026, but refused to weigh in on Apple's request to pause certain discovery while the tech giant appeals the judge's recent class certification decision.

  • February 26, 2024

    MLB.tv Illegally Shares Users' Info With Facebook, Suit Says

    Major League Baseball Advanced Media LP violates the privacy rights of MLB.tv subscribers by secretly monitoring their video viewing activities and sharing that and other personal information with Facebook without permission, according to a putative class action filed Monday in New York federal court.

  • February 26, 2024

    Chinese Retailer Miniso, Underwriters Beat IPO Suit For Now

    Goldman Sachs, BofA Securities Inc. and a Chinese retailer have secured the dismissal of a class action suit in New York federal court, with a federal judge ruling that the suing investors have failed to identify any actionable misrepresentations or omissions made by the company in connection with its 2020 initial public offering, among other things.

  • February 26, 2024

    Nestle Fights Class Cert. In Child Labor Labeling Suit

    Nestle USA Inc. urged a California federal judge on Friday to reject a shopper's bid to certify multiple classes of Golden State consumers challenging the company's "sustainably sourced" chocolate labels, arguing that the proposed classes can't "lump together" nearly 60 different labels on different products.

  • February 26, 2024

    Don't Nix Cash App Referral Text Suit, Consumer Says

    Cellphone users alleging mobile payment service Cash App bombarded them with "annoying and harassing spam texts" have told a Seattle federal judge that Cash App's parent company shouldn't be allowed to escape their suit, pointing to recent and "nearly identical" claims against trading app Robinhood that survived a dismissal bid and subsequently settled for a proposed $9 million.

  • February 26, 2024

    NC Hospital's Weak Data Security Led To Breach, Suit Says

    A patient filed a proposed class action in North Carolina's business court alleging a hospital system's inadequate data security resulted in a breach that allowed hackers to access private personal and health information.

  • February 26, 2024

    Western Union Sued For Interest It Earns On Failed Transfers

    Financial services company Western Union has been hit with a proposed class action alleging that the company can't lawfully earn interest from money transfers that don't make it to their recipient.

  • February 26, 2024

    Business, Not Bias, Led To Mostly Black Layoffs, Judge Finds

    A federal judge has ruled that legitimate business interests drove a Washington, D.C., social services agency's choices regarding layoffs in 2010, despite those decisions disproportionately affecting Black workers — deciding the sole claim remaining in a proposed class action that has seen back-and-forth battles for more than 12 years.

  • February 26, 2024

    Colo. Workers Say United Jumped Gun On OT Exemption

    Employees of a United Airlines subsidiary who cleaned aircraft in Colorado airports were denied time-and-a-half overtime pay when they voluntarily picked up colleagues' shifts, two workers have alleged in a proposed class action filed in Colorado federal court.

  • February 26, 2024

    Intel Unit Mobileye Hit With 2nd Investor Suit Over Supply Glut

    Autonomous driving company Mobileye Global Inc. and a trio of its current and former executives face a proposed investor class action after the company's trading prices slid after it cut its first quarter revenue expectations in half, citing a supply glut.

  • February 26, 2024

    'Rebel Alliance' Seeks Court Rescue In Opioid Discovery Clash

    A discovery dispute that includes references to the Rebel Alliance in the movie "Star Wars" and accusations of circumventing court rules — in a galaxy closer to Ohio — is headed before a federal judge handling multidistrict litigation over the opioid epidemic.

  • February 26, 2024

    Chancery Approves Snap Inc. Deal, Trims Fee Award By $2M

    An agreement between Snapchat parent Snap Inc. and a class of shareholders to settle litigation that accused the social media platform of giving its founders too much voting power won Delaware Chancery Court approval Monday, but shareholder attorneys got just $4.5 million of the $6.6 million in fees that they sought.

  • February 26, 2024

    Timeshare Settlement Can't Stop Additional Consumer Suit

    A Washington marketing firm must face negligent misrepresentation and consumer protection claims over links to a timeshare-exit company, according to a Washington federal judge who ruled that a group of consumers seeking refunds are not barred from suing because of a settlement in another case.

  • February 26, 2024

    Wood Group Prevails In ERISA Fight Over Target-Date Funds

    A California federal judge ruled in favor of an engineering firm and its retirement plan investment manager in a class action from employee 401(k) participants alleging mismanagement, concluding after a nine-day bench trial that a suite of in-house target-date funds offered to retirees were properly selected and monitored.

Expert Analysis

  • Opinion

    New Rule 702 Helps Judges Keep Bad Science Out Of Court

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    A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs

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    While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • What Brands Must Know For Calif. Recycle Label Compliance

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    A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.

  • Opinion

    3rd-Party Financiers Have Power To Drive Mass Tort Cases

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    The abnormal recovery premium presented by modern mass tort cases coupled with their deemphasized role for attorneys creates an opportunity for third-party financiers to both create and control these cases, says Samir Parikh at Lewis & Clark Law School.

  • Del. Dispatch: Clarification On Fiduciary Duties Of Controllers

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    The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • What Retailers Should Note In Calif. Web Tracking Suits

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    As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

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