Class Action

  • February 13, 2024

    Qihoo 360, Investors Ink $29.75M Deal Over $9.3B Merger Suit

    Investors suing Chinese software company Qihoo 360 Technology Co. Ltd. asked a New York federal judge to approve a $29.75 million settlement ending claims the firm worked to push down its share price in order to pay shareholders an unfairly low price when it went private by means of a $9.3 billion merger.

  • February 13, 2024

    App Users Want Class Certification In Data Breach Case

    Consumers suing a parking app company asked a Georgia federal judge Monday to certify a class in their lawsuit alleging lax cybersecurity led to their data being stolen, sold and then given away for free on the dark web following a March 2021 data breach.

  • February 13, 2024

    Wells Fargo Can't Beat Inflated Stock Option Suit

    A Minnesota federal judge on Tuesday rejected Wells Fargo & Co.'s request to toss a proposed class action claiming the banking giant used its $40 billion employee retirement plan to buy company stock options at an inflated value to shoulder the company's 401(k) matching burden.

  • February 13, 2024

    Kidde-Fenwal Row Not For Bankruptcy Court, Insurers Say

    A group of insurers have asked that a Delaware federal court, rather than a bankruptcy court, handle their dispute with Kidde-Fenwal Inc. over whether they owe a defense in thousands of suits the fire-suppression company is facing over so-called forever chemicals.

  • February 13, 2024

    Hess Loaded 401(k) Plan With Costly Investments, Suit Says

    Energy company Hess Corp. allowed its $903 million employee retirement plan to be filled with expensive and poorly performing investment options, costing workers millions of dollars in retirement savings, according to a proposed class action filed in Texas federal court.

  • February 13, 2024

    Beauty Company Hit With Derivative Suit Over Skin Tech Woes

    Directors and officers at the Beauty Health Co. hid bad news about a defective skin care device for 18 months, leading to stock price drops, analyst downgrades and a securities class action when the truth was finally revealed, a shareholder alleges in a new Delaware Chancery Court complaint.

  • February 13, 2024

    United Airlines Seeks Exit In 'Sustainable' Fuel Suit

    Passengers can't pursue state fraud claims against United Airlines Inc. over its allegedly deceptive marketing pledge to use "sustainable aviation fuel," the air carrier has told a Maryland federal judge, arguing that federal law preempts such claims.

  • February 13, 2024

    Restaurants Trying To Derail Chicken Deals, 7th Circ. Told

    Direct broiler chicken purchasers who've inked nearly $285 million in price-fixing settlements blasted Boston Market and other restaurants' attempts to stop an $8 million deal from Simmons Foods, telling the Seventh Circuit the companies are trying to illegally unwind a strategic mistake. 

  • February 13, 2024

    Hotel Rental Co. Hid Litigation And Failed Deal, Suit Says

    Real estate company LuxUrban Hotels has been hit with a proposed class action alleging it lied about a 25-year deal with the Royalton Hotel in New York and multiple lawsuits over unpaid rent, which it says caused shares to decline after a short-seller report disclosed the issues.

  • February 13, 2024

    Xerox's Pay Structure Is Hour-Based, Washington Judge Rules

    The pay method Xerox and several affiliates used to compensate call center workers can only be considered an hourly structure, a Washington federal judge ruled Tuesday, rejecting the companies' "obtuse failure" to recognize several rulings on the issue.

  • February 13, 2024

    Immigrants Seek To Certify Class Of 170,000 With Visa Delays

    A group of immigrants asked a Michigan federal judge Monday to certify a class of more than 170,000 immigrants accusing the government of mishandling its program of distributing so-called U-visas to immigrant victims of crime, arguing that the court can resolve their allegations of unreasonable delays on a classwide basis.

  • February 13, 2024

    Insurer Must Face Bad Faith Claim In Premium Refund Suit

    A Liberty Mutual unit can't escape a proposed class action's remaining claim that the insurer acted in bad faith by failing to adequately adjust auto insurance premiums collected during the COVID-19 pandemic, a California federal court ruled.

  • February 13, 2024

    Security Guards Aim For Victory In Drawn-Out Wage Suit

    Security guards alleging their employer owes overtime pay and violated federal wage law have asked a Georgia federal court to hand them victory in the suit, claiming the company failed to respond during years of litigation.

  • February 13, 2024

    Campbell Soup Sued For Claiming V8 Splash Is 'Healthy'

    Campbell Soup Co. is misleading customers into thinking its V8 Splash beverages are healthy and nutritious despite containing little to no actual fruit juice and consisting mostly of artificially-flavored "sugar water" and high-fructose corn syrup, according to a proposed class action filed in California federal court.

  • February 13, 2024

    ConocoPhillips Wins Transfer Of Retirees' 401(k) Suit To Texas

    An Oklahoma federal judge transferred to Texas a proposed class action from ConocoPhillips retirees alleging they lost more than $260 million when the company sunk their investment savings into the stock of a company ConocoPhillips spun off in 2012, given a forum selection clause in the 401(k) plan documents.

  • February 13, 2024

    Cigna Patients Can't Get Class Cert. In Underpayment Suit

    A California federal judge refused to grant class status to Cigna insurance plan participants who accused it of violating federal anti-corruption and benefits laws by colluding with its billing contractor to underpay their out-of-network claims for substance use disorder treatments.

  • February 13, 2024

    OpenText Wants Out Of Class Action Coverage Suit

    OpenText told a Michigan federal court it should be dismissed from an insurer's suit seeking to avoid coverage of a class action from former Covisint shareholders alleging an unfair merger, saying it's not involved in the underlying case and its only alleged connection is that it acquired outstanding Covisint stock.

  • February 13, 2024

    Catching Up With Delaware's Chancery Court

    A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.

  • February 13, 2024

    Life Insurer Failed To Secure Data From Hack, Class Says

    A life insurance provider and its parent company failed to protect sensitive customer information from a data breach, a proposed class action told an Indiana federal court, saying the parent company was hacked via a SIM swapping scheme targeting a senior employee.

  • February 13, 2024

    OpenAI Gets Author Copyright Claims Trimmed — For Now

    A California federal judge dismissed the bulk of two proposed copyright class actions against ChatGPT creator OpenAI Inc. while giving two putative classes led by comedian Sarah Sliverman and author Paul G. Tremblay a chance to cure deficiencies in their pleadings in some instances.

  • February 13, 2024

    Ex-Twitter Workers Say Severance Plan Existed In $500M Suit

    The company formerly known as Twitter had a severance plan, workers laid off in the wake of ex-CEO Elon Musk's takeover told a California federal judge, fighting Musk and X's argument that the $500 million lawsuit should be tossed because no such plan existed.

  • February 12, 2024

    Longtime Jones Day Antitrust Atty Joins Crowell & Moring

    Crowell & Moring LLP announced Tuesday that a veteran Jones Day antitrust attorney with nearly 25 years of experience working on major cartel investigations and class actions joined the firm's Los Angeles office as a partner.

  • February 12, 2024

    Meta Can't Trim Non-Facebook Users' Health Privacy Suit

    Meta Platforms can't cut down a proposed class action alleging it illegally received consumers' sensitive health information through its Meta Pixel tool, a California federal judge ruled Monday, saying the consumers have provided specific enough allegations of the kinds of sensitive information they claim was intercepted.

  • February 12, 2024

    State Street Inks $4.3M Deal To Resolve ERISA Claims

    State Street Corp. has agreed to pay $4.3 million to resolve proposed class claims that the bank managed its 401(k) plan for its own benefit rather than for workers in violation of the Employee Retirement Income Security Act, plan participants told a Massachusetts federal court on Monday.

  • February 12, 2024

    Retailer Sues Zimmerman Reed To End Privacy 'Shakedown'

    Zimmerman Reed LLP and thousands of its clients are unlawfully conspiring to "weaponize" a California wiretapping law in bringing a crush of arbitration claims against L'Occitane over its website user tracking practices, the cosmetics and home goods retailer alleged in urging a California federal court to put an end to this "shakedown."

Expert Analysis

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    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

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    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.

  • First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance

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    A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • 9 Hallmarks Of The New German Class Action Regime

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    By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.

  • Safe-Harbor Period Change Could Hinder TCPA Compliance

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    A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Cos. Must Address Growing Chatbot Class Action Risk

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    Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Analyzing The Legal Ripples Of The EPA's PFAS Regulation

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    As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.

  • Boeing Opinion Strikes Blow Against Overpayment Theory

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    The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.

  • 3 Tips For Defending Against Data Breach Litigation

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    As cyberattacks become more prevalent, companies responding to data breaches must consider several strategies to better position themselves in the event of litigation even during their preliminary investigations and breach notifications, say attorneys at Davis Wright.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Opinion

    Test Results Signal Poor Odds For Lead Cables Litigation

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    After sites in New York and New Jersey allegedly contaminated with lead by telecommunications cables were found by state and federal agencies to present no imminent threats to public health, it seems unlikely that mass litigation over this issue by plaintiffs firms or state attorneys general will succeed, says Andrew Ketterer at Ketterer & Ketterer.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

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