Class Action

  • March 27, 2024

    Video Streamer Escapes Crypto Token Holder's Fraud Suit

    A New York federal judge has permanently tossed a suit accusing video streaming service Open Props Inc. and its executives of misrepresenting to investors that it would become a decentralized blockchain network following the sale of its native cryptocurrency tokens.

  • March 27, 2024

    9th Circ. Urged To Rethink Arbitration Of Cathay Pacific Feud

    A couple left stranded in the Philippines during the height of the COVID-19 pandemic are urging the Ninth Circuit to reconsider its decision ordering them to arbitrate their breach of contract dispute with Cathay Pacific Airways under their pact with a third-party booking site.

  • March 27, 2024

    Citi Can't Arbitrate Anti-Armenian Bias Claims, Court Told

    A California woman has urged a federal court to reject Citibank NA's motion to arbitrate her proposed class action accusing the bank of discriminating against consumers with Armenian surnames, saying it fails because it ignores a ruling in a separate case against Citibank that voided arbitration agreements that don't allow for public injunctive relief.

  • March 27, 2024

    Ruger Beats Some Claims Over Online Shop Data Breach

    A Connecticut federal judge trimmed a data breach lawsuit Wednesday against gunmaker Sturm Ruger & Co. Inc. but did not fully dismiss the case, agreeing that a proposed class of plaintiffs had standing to press a breach of contract claim against the company, but the judge tossed accusations of negligence and unjust enrichment.

  • March 27, 2024

    Hospital Co. Can't Quash ERISA Suit Subpoenas, Judge Says

    A Buffalo, New York-area hospital network lost its bid to quash two subpoenas in a proposed Employee Retirement Income Security Act class action Wednesday, with a New York federal judge ruling that the network challenged the subpoenas to two of its advisers in the wrong court.

  • March 27, 2024

    Judge Trims Porsche EV Charging Speed Fraud Claims

    A Georgia federal judge has narrowed the scope of a proposed class action that alleges Porsche sold defective chargers for its flagship electric car and then throttled their charging speed to make up for the design weakness, finding the plaintiff's fraud and breach of warranty claims fall short.

  • March 27, 2024

    Calif. Judge Decries DOJ's Broken Promises In Travel Ban Suit

    A California federal judge reprimanded U.S. Department of Justice attorneys for causing delays, breaking promises and hobbling the administration of justice while granting class certification to individuals who sought waivers to former President Donald Trump's travel ban targeting mostly Muslim-majority countries.

  • March 27, 2024

    T-Mobile Can Appeal Refusal To Toss Sprint Merger Case

    An Illinois federal court granted T-Mobile's request on Wednesday to immediately appeal a ruling refusing to toss a proposed class action from AT&T and Verizon subscribers who have alleged their prices increased because of T-Mobile's 2020 merger with Sprint.

  • March 27, 2024

    NYC Mayor Says City Laws Can't Expand Housing Vouchers

    New York City Mayor Eric Adams has urged a state court to rule against a proposed class that wants the court to enforce a set of local laws aiming to expand a housing voucher program, saying those measures conflict with state law.

  • March 27, 2024

    PenFed Must Face W.Va. Consumer 'Pay-To-Pay' Fee Action

    Pentagon Federal Credit Union can't duck claims that it is flouting West Virginia law by charging a $5 fee to anyone seeking to make their auto loan payment over the phone after a federal judge declared that the lender and loan servicer is a debt collector.

  • March 27, 2024

    Bricklayer Seeks OT Pay For Time On 'Shuttle' To Worksites

    A bricklayer alleged that a California-based construction firm should have paid him and his fellow workers to ride a shuttle up to an hour each way to job sites, according to a proposed class action made public in Pennsylvania state court Wednesday.

  • March 27, 2024

    Colo. Judge Unplugs Vague EV-Maker Investor Suit

    A Colorado federal judge has dismissed a shareholder suit against commercial electric vehicle company Lightning eMotors, agreeing with a magistrate judge's conclusion that the shareholders failed to bring specific allegations that the company knowingly misled investors on matters like its production capacity.

  • March 27, 2024

    On Deck In JPML: Baby Food, 23andMe Privacy, NCAA

    The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.

  • March 27, 2024

    9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.

    The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."

  • March 27, 2024

    CBD Retailer Used Spyware, Recorded Online Chats, Suit Says

    Charlotte's Web Inc., a CBD retailer, is secretly recording conversations of those who visit its website in violation of a California privacy law that is simple to follow, according to a proposed class action removed to federal court on Monday.

  • March 27, 2024

    Minor League Baseball Team's 'Ladies' Night' Illegal, Suit Says

    A California minor league baseball team has been hit with a proposed class action over an allegedly unlawful "Ladies' Night" promotion that offered free admissions to female fans while requiring male and nonbinary fans to pay up to $28 per ticket.

  • March 27, 2024

    Foreign Workers Sue Over Alleged Illegal Recruiting Scheme

    An Atlanta-based building materials wholesaler and two recruitment and staffing agencies were hit with a proposed class action alleging they lured skilled Mexican engineers and technicians to the U.S. to fill manual labor positions under a temporary visa program for high-skilled workers.

  • March 27, 2024

    NY AG, Others Blast Sandoz Deal 'Tax' On Future Settlements

    New York's attorney general was one of three objectors Tuesday to a provision in Sandoz's proposed $265 million settlement with a class of drug wholesalers in Pennsylvania federal court that they say will delay any future generic-drug price-fixing litigation deals by taxing agreements over $119.25 million.

  • March 27, 2024

    CoreLogic Sued For Violating NJ Judicial Protections Law

    A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.

  • March 27, 2024

    Calif. High Court Gives Guideposts For What Counts As Work

    The California Supreme Court's decision that a construction contractor must pay workers for the time they spent waiting in their cars to go through a security check before leaving the job site provides guideposts for determining when wages are owed in other scenarios, attorneys told Law360.

  • March 27, 2024

    Eli Lilly Age Bias Suit Over Promotions Nabs Collective Status

    An age discrimination suit accusing Eli Lilly of passing over older workers for promotions in favor of millennials can move forward as a collective action, an Indiana federal judge ruled, finding thousands of workers may have been affected by the same policy.

  • March 27, 2024

    Embattled Law Firm Can't Escape Hurricane Ad Suit

    A Texas federal judge has agreed with a magistrate judge's recommendation in refusing to toss a suit seeking class damages over a troubled Houston law firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • March 27, 2024

    BCBS Can't Escape Therapy Coverage Suit

    A North Carolina federal judge refused to throw out a proposed class action accusing Blue Cross Blue Shield of unlawfully refusing to cover proton beam therapy to treat prostate cancer, saying the case could remain in court if a state worker health plan is added as a defendant.

  • March 26, 2024

    Meta Can't Escape Suit Over Collection Of Taxpayers' Data

    A California federal judge refused to release Meta from a consolidated class action accusing it of unlawfully collecting sensitive information from tax filing websites H&R Block, TaxAct and Tax Slayer, allowing state and federal wiretapping claims to move forward and permitting the plaintiffs to amend several deficient privacy allegations. 

  • March 26, 2024

    Columbia Beats Bulk Of Students' Ranking Stats Suit, For Now

    A New York federal judge on Tuesday largely threw out Columbia University students' proposed class action claiming the institution intentionally gave inaccurate data to U.S. News & World Report, but he also gave some of the former student plaintiffs the chance to tweak their complaint.

Expert Analysis

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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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.

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