Class Action

  • February 23, 2024

    Quinn Emanuel Wins Bid To Lead Amazon Returns Case

    A Washington federal judge has tapped Quinn Emanuel Urquhart & Sullivan LLP to serve as interim class counsel in a proposed class action against Amazon regarding its return policies.

  • February 23, 2024

    NY Clerk Defends Barring Felons From Juries In Dismissal Bid

    New York County's commissioner of jurors has urged a federal judge to dismiss a Black public defender's racial bias suit challenging the Manhattan court system's exclusion of people with felony convictions from juries, arguing the attorney fails to allege the exclusion was applied with a discriminatory motive or in a discriminatory way.

  • February 23, 2024

    9th Circ. Won't Rethink Tossed Google $2B Ad Trespass Suit

    The Ninth Circuit said Thursday that it will not reconsider its decision to toss a proposed $2 billion class action against Google that claimed the ubiquitous search engine enriched itself through unauthorized advertising that trampled website owners' property.

  • February 23, 2024

    Workers Snag Partial Win On Tip Notice Dispute With Denny's

    It is unclear whether 10 members of a collective in a suit against diner chain Denny's received a tip credit notice, a Pennsylvania federal judge ruled, nevertheless granting an early win to the other workers claiming defective tip credit notices.

  • February 23, 2024

    Motorola, Mass. Police Sued For Using Intercepting Devices

    Motorola sold technology that let the Massachusetts State Police make illegal, warrantless recordings during investigations, according to a federal class action filed by four men claiming to be subjects of the secret recordings.

  • February 22, 2024

    Family Dollar Accused Of Knowingly Selling Unsafe Drugs

    Two customers hit Family Dollar Stores Inc. and its parent company Dollar Tree Inc. with a proposed class action Wednesday in Florida federal court, alleging the discount chain stored over-the-counter drugs in high temperatures but still sold the unsafe products to consumers.

  • February 22, 2024

    Bike Parts Co. Faces Shareholder Claim It Hid Sales Problems

    Executives at a Georgia bicycle parts manufacturer allegedly spent years misleading investors about booming sales and demand, triggering a stock crash when overstocked inventory and slumping sales were revealed, according to a proposed class action filed in Peach State federal court.

  • February 22, 2024

    BofA Card Holders Fight Uphill To Save Interest Charge Suit

    A California federal judge appeared inclined to toss a proposed class action claiming Bank of America illegally imposes excessive interest charges on variable-rate credit card holders, asking during a hearing Thursday if the plaintiff's counsel could "bolster" the complaint if the bank's motion to dismiss were granted.

  • February 22, 2024

    Athletes' NCAA Suit Will Wait For JPML

    College athletes fighting for a slice of the broadcasting profits their games earn will have to wait until the Judicial Panel on Multidistrict Litigation decides whether to consolidate their case with another similar suit before they continue briefing, a Colorado federal judge has ruled.

  • 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.

Expert Analysis

  • 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.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

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