Class Action

  • April 17, 2024

    No Sanctions For Wordy Footnotes In Google Maps Case

    A California federal judge will not sanction attorneys representing Google Maps customers in an antitrust action for their "numerous and excessively long footnotes" after the lawyers on Wednesday explained it wasn't a tactic for avoiding page limits and promised not to do it again.

  • April 17, 2024

    Walgreens Investors' $36M Deal In Opioid Suit Gets First OK

    An Illinois federal judge on Wednesday granted his initial approval of a $36 million settlement to end a stockholder's derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids.

  • April 17, 2024

    Kraft Sued Over Lead Contamination In Lunchables

    Kraft has been slapped with a proposed class action over its popular Lunchables snack kits after independent testing of the kits allegedly found that they contained high, though legally allowable, levels of lead and other harmful substances.

  • April 17, 2024

    Cinemark Shorted Thirsty Moviegoers By 2 Ounces, Suit Says

    Movie theater chain Cinemark USA Inc. is ripping off customers by lying about its purported 24-ounce drink sizes when in reality, the plastic containers can only hold 22 ounces of liquid, according to a proposed class action filed in Texas federal court.

  • April 17, 2024

    Karuna Investor Ends Suit After Bristol-Myers Seals $14B Deal

    A Karuna Therapeutics shareholder has dropped her proposed class action after Bristol-Myers Squibb Co. completed its $14 billion purchase of the biotechology company, a deal the suit alleged was brought about by misrepresentations to investors to gain their support.

  • April 17, 2024

    Tinder, Hinge Seek Arb. In 'Preposterous' Addictive Apps Suit

    Allegations that the Tinder and Hinge dating apps are addictive and lead to compulsive use are "preposterous," Match Group told a California federal judge, arguing that not only are the claims baseless, but the consumers bringing them all signed arbitration agreements when they signed up for accounts.

  • April 17, 2024

    Judge Won't Toss Any Expert In Under Armour Securities Suit

    The opposing parties in a suit related to Under Armour Inc.'s allegedly inflated stock prices can keep their expert witnesses, a Maryland federal judge ruled Tuesday, saying he was mostly unswayed by the arguments from both sides.

  • April 17, 2024

    Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal

    A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.

  • April 17, 2024

    Flagstar Bank Beats Overdraft 'Fee Maximization' Suit

    A Michigan federal judge has shut down a proposed consumer class action that accused Flagstar Bank of unlawfully charging millions of dollars in surprise overdraft fees, ruling that the bank had provided clarifying disclosures that left no more room for surprise.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    Shipping Co. Cuts Deal To Exit 401(k) Fee Suit

    A shipping and logistics company agreed to resolve a proposed class action a former employee lodged alleging it saddled workers' $766 million retirement plan with lofty administrative fees and failed to remove its expensive recordkeeper, a filing in North Carolina federal court said.

  • April 17, 2024

    Judge Merges Axos Bank Suits But Won't Appoint Counsel Yet

    A California federal judge has agreed to consolidate a pair of cases over how Axos handled interest rates on savings deposit accounts offered through an online banking division, but rejected its customers' bid to name three law firms as interim co-lead counsel, saying it is not necessary at this time since more consolidation could occur.

  • April 17, 2024

    Tesla To Vote On Reviving Musk's $55B Pay, Moving To Texas

    Attorneys for Tesla Inc. notified Delaware's chancellor Wednesday that the company will seek stockholder approval June 13 for the same $55.8 billion Elon Musk compensation plan voided by Chancery Court on Jan. 30, along with reincorporation of Tesla as a Texas company.

  • April 17, 2024

    Elliott Waives BioMarin Board Deal, Moots Del. Suit

    Elliott Investment Management LP has waived an agreement with BioMarin Pharmaceutical Inc. that gave the activist investor three new seats on the biopharmaceutical company's board, mooting a Delaware Chancery Court lawsuit that a BioMarin shareholder filed earlier this month.

  • April 17, 2024

    Waste Co. Strikes Deal To End 401(k) Mismanagement Suit

    A waste management company reached an agreement to end a former worker's proposed class action claiming it breached federal benefits law by stacking its $813 million retirement plan with needlessly expensive funds, according to a filing in Massachusetts federal court.

  • April 17, 2024

    Discovery In $500M Severance Fight Against X, Musk Will Wait

    A California federal judge paused discovery in a suit claiming X, formerly Twitter, owes $500 million in severance to the workers the company laid off after Elon Musk's takeover, saying the court should wait to sort out the company's dismissal bid.

  • April 17, 2024

    Court Trims Atty Fee Bid For Xerox Workers' $4.1M ERISA Deal

    After a $4.1 million Connecticut ERISA settlement, a federal court has awarded more than $1 million in fees to attorneys who represented a class of nearly 40,000 Xerox workers, determining a one-quarter fee amount was more appropriate than the requested one-third cut.

  • April 16, 2024

    Eli Lilly's Insulin Price Cap Deal Collapses After Cert. Denial

    Eli Lilly & Co. and insulin buyers have called off a proposed nationwide settlement that would've capped insulin prices and been worth up to $500 million over several years, a decision that was made after the buyers lost a class certification bid early this year, according to the buyers' counsel.

  • April 16, 2024

    Cashed Check Kills VW Emissions Deal Appeal, 9th Circ. Says

    The Ninth Circuit on Tuesday threw out an attempt to unravel an $80 million deal resolving consolidated consumer litigation alleging Volkswagen and Porsche manipulated emissions and fuel-economy tests for nearly 500,000 gas-powered vehicles, saying the objector has already cashed his portion of the settlement.

  • April 16, 2024

    'Wide As The Ocean': Apple Judge Pans Investor Deal Release

    A California federal judge declined Monday to preliminarily approve Apple's nonmonetary settlement in a derivative-shareholder suit over claims it secretly slowed iPhones, criticizing the deal's release of claims that "relate" to the case as overbroad and noting that, "in practice, lawyers argue that 'relate' is as wide as the ocean."

  • April 16, 2024

    9th Circ. Upholds Tossing Skillz Gaming Tech Investor Suit

    The Ninth Circuit on Tuesday upheld a decision to toss a proposed class action claiming that mobile gaming company Skillz Inc. misled investors about its technology prior to a 2021 merger with a special purpose acquisition company, ruling that issues with the gaming software do not make the company' statements false or misleading.

  • April 16, 2024

    SEC Hit With Class Action Over Database Privacy Concerns

    A conservative think tank filed a lawsuit in Texas federal court Tuesday hoping to put an end to a U.S. Securities and Exchange Commission market surveillance tool known as the consolidated audit trail, arguing in the proposed class action that the database threatens to subject the personal information of tens of millions of American citizens to a possible data breach.

  • April 16, 2024

    Mercedes Rusty Subframe Suit Is Too Vague, Judge Is Told

    Mercedes-Benz argued in court Tuesday that a proposed class action over a claimed subframe defect should be dismissed as an improper shotgun pleading as it directs allegations at "Mercedes" without specifying whether the German parent company or its Atlanta subsidiary are supposedly to blame.

  • April 16, 2024

    Under Armour Insurers To Cover Disputes In 2 Policy Periods

    Under Armour's excess insurers must provide additional coverage to the company in connection with a consolidated securities class action, derivative matters and government investigations, a Maryland federal court announced.

  • April 16, 2024

    BIPA Judge Laments Blown Discovery Deadlines — Again

    An Illinois federal judge on Monday scolded Union Pacific and the truck drivers suing it over alleged biometric privacy violations for missing a sixth discovery deadline, saying the results of multiple discovery extensions he's allowed over five years of litigation have been "disappointing, to say the least."

Expert Analysis

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Del. Lessons For Director-Nominees On Sharing With Activists

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    The Delaware Chancery Court's recent decision in Icahn Partners v. deSouza finding that a director wasn't permitted to share certain privileged information with the activist stockholders that nominated him shows the need for companies to consider imposing appropriate confidentiality requirements on directors, say attorneys at Sullivan & Cromwell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Oracle Ruling Underscores Trend Of Mootness Fee Denials

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    The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.

  • Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up

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    Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • Opinion

    States Should Follow Federal Lead On Expert Evidence Rules

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    The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.

  • Opinion

    Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders

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    The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.

  • Back Labels In False Ad Cases Get Some Clarity In 9th Circ.

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Tips For Orgs Defending Against Daniel's Law Claims

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    With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

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