Class Action

  • February 22, 2024

    BofA Pulling Fast One To Exit Gag Clause Suit, Customers Say

    Consumers suing Bank of America for allegedly trying to stifle consumer critics through clauses in its online service agreements have urged a California federal judge not to toss their suit, arguing the bank's dismissal arguments are without legal merit, factually incorrect and "intended to mislead."

  • February 22, 2024

    Chancery Defers Settlement To Ponder Control Challenges

    Hopes for a quick end to litigation between a Texas-based insurance provider and a stockholder who sued over disproportionate insider control slipped away at a hearing in Wilmington, Delaware, Thursday after the presiding judge demanded to know how related Chancery Court litigation might affect a proposed settlement.

  • February 22, 2024

    Game Maker Deserves Sanctions For Sealed Docs, Court Told

    High 5 Games and its attorneys should be slapped with sanctions for repeatedly trying to seal nearly all company records and filing overly long court briefs in a class action accusing the casino phone game developer of defrauding players, according to a motion filed by the lead plaintiff.

  • February 22, 2024

    Grubhub's Business Is 'Suffused With Deception,' LA Says

    Grubhub's business is "suffused with deception," Los Angeles County said in a lawsuit filed Wednesday, claiming the food delivery service has long misled customers about prices and driver benefits and imposed "abusive" policies on restaurants.

  • February 22, 2024

    Study Aid Biz Chegg Tries To Sink 'Cheating' Suit In Del.

    Attorneys for online book and study aid giant Chegg Inc. told a Delaware vice chancellor on Thursday that stockholders have failed to assemble defensible claims in a suit accusing the company of operating as a cheating service for students, saying they are trying to circumvent a stay for litigation in California federal court.

  • February 22, 2024

    YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory

    A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.

  • February 22, 2024

    Hertz Sued Over Policy Limiting Options For Disabled Drivers

    Two customers hit Hertz with a proposed class action Thursday in California federal court, alleging that the car rental company discriminates against people with disabilities by reducing the number of vehicles in its fleet that can be operated with hand controls.

  • February 22, 2024

    North Carolina Hospitals Can't Exit Monopoly Claims

    Two healthcare companies cannot escape a consolidated antitrust suit claiming that a North Carolina hospital system drove up the price of health insurance for public employees, as a federal judge has found that the claims plausibly allege that the anti-competitive conduct occurred within the time window to sue.

  • February 22, 2024

    Conn. AG Defends $10M Remedy Bid Against Nursing School

    The state of Connecticut on Thursday defended its request to collect a $10 million litigation placeholder from a shuttered nursing school, arguing state regulators were correct to take action against the troubled institution despite the school's strenuous assertions that the attorney general's office is wrong on many facts.

  • February 22, 2024

    Invisalign Maker Beats Refusal-To-Deal Claims In 3Shape Row

    The makers of Invisalign beat an antitrust class action from orthodontists and aligner buyers Wednesday after a California federal judge ruled that the company's decision to terminate its interoperability agreement with a dental scanner company was at least partly made for "legitimate business reasons."

  • February 22, 2024

    Opioid Drug Co. Sued In Del. For Promotion-Tied Stock Drop

    Stockholders of opioid drug producer Talphera Inc. have sued the company's top officers and directors in Delaware's Court of Chancery, seeking derivative damages for harm to the business purportedly caused by the dangerous promotion of a flagship opioid.

  • February 22, 2024

    'Baffled' Judge Tells Attys Flo Health Case Isn't 'World War III'

    A California federal judge on Thursday blasted the parties in a proposed class action alleging that menstruation tracking app Flo Health impermissibly shares users' health information with Google and others, saying with their voluminous expert requests and "nitpicky" discovery letters, they're "litigating this case like it's World War III."

  • February 22, 2024

    Hormel Foods Accused Of Mismanaging Retirement Funds

    A Hormel Foods Corp. benefit plan participant filed a proposed class action against the company in Minnesota federal court, alleging it shirked its duty under federal benefits law by failing to trim high-cost investment funds with poor crediting rates from its $1.2 billion retirement funds.

  • February 22, 2024

    AI Software Co. Hasn't Actually Developed AI, Suit Says

    Software and data engineering company Innodata Inc. has been hit with a proposed class action alleging its stock price dropped more than 30% after a financial research firm published a report saying its promised artificial intelligence technology is "smoke and mirrors" and that its marketing claims are like "putting lipstick on a pig."

  • February 22, 2024

    TitleMax Accused Of 'Usurious' Lending To Troops

    TitleMax was hit with a proposed class action in Georgia federal court Wednesday demanding the lender void thousands of allegedly illegal loans that saddled military members with skyrocketing debt thanks to prohibitively high interest rates.

  • February 22, 2024

    Judge Irked By Arbitration Ask Years Into Au Pair Wage Case

    A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.

  • February 22, 2024

    Mich. Judge OKs $52M Deal For Mayo Foundation Subscribers

    A Michigan federal judge on Wednesday gave the initial approval to a $52 million deal for subscribers to the Mayo Foundation's health magazine who allege the publisher shared their private information without consent.

  • February 22, 2024

    Chamber, Biz Groups Fight Class Cert. In GM Defect Suit

    Automotive and product manufacturer associations on Wednesday sided with General Motors in seeking to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying allowing classes to include uninjured drivers would create billions of dollars in unnecessary litigation.

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner

    Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.

  • February 21, 2024

    Del. Suit Accuses Healthcare Data Co. Exec Of Insider Trading

    A stockholder launched a derivative lawsuit late Wednesday in Delaware's Court of Chancery, alleging the founder of a behavioral healthcare data firm traded company shares using insider information and that nearly a dozen current and former directors and officers provided false and misleading disclosures about the business.

  • February 21, 2024

    Restaurant Software Co.'s $9M Investor Deal Gets 1st OK

    Shareholders in restaurant digital commerce software company Olo Inc. have received an initial green light for a $9 million deal to settle class action claims the company touted a soon-to-end partnership with fast-food chain Subway as an example of its success.

  • February 21, 2024

    GM Bolt Buyers' Attys Blasted For 'Wasting' Judge's Time

    A California federal judge on Wednesday scolded lawyers who filed about 150 "cookie cutter" lawsuits alleging General Motors knowingly sold Chevrolet Bolt electric vehicles with defective batteries, asking why they shouldn't be sanctioned for "wasting" court time as claims for some model years will have to be withdrawn.

  • February 21, 2024

    Chase Bank's Returned Check Fee Is Unlawful, Suit Says

    JPMorgan Chase & Co. has been hit with a proposed class action accusing it of imposing predatory fees on customers who attempted to deposit invalid checks, saying there is no way some check recipients could have reasonably predicted their checks would bounce.

  • February 21, 2024

    TD Bank Customers Seek OK On $32.2M Overdraft Fee Deal

    A class of TD Bank customers asked a New Jersey federal judge Wednesday for her preliminary approval of a $21.97 million deal over allegedly improper overdraft fees in debit card transactions, plus $10.25 million in reductions to outstanding balances for accounts that were closed with amounts due to the bank.

Expert Analysis

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What Brands Need To Know About Consumer Reviews In 2024

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    Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

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    An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Compliance Risk After SEC Warning Against 'AI Washing'

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    The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

  • 6 AI Cases And What They Mean For Copyright Law

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    Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

  • How 2023 Shaped Drug And Medical Device Legal Trends

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    2023 brought a number of positive developments for the life sciences industry, including great trial and multidistrict litigation outcomes, but also some heavy-handed regulations and other concerning developments that lay the groundwork for significant litigation, say attorneys at Faegre Drinker.

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