Class Action

  • February 15, 2024

    Gerber, Others Fight Bid For MDL On Baby Food Heavy Metals

    A group of baby food manufacturers, including Gerber Products Co., The Hain Celestial Group Inc. and Beech-Nut Nutrition Co., is urging the Judicial Panel on Multidistrict Litigation not to consolidate suits alleging that heavy metals in their products cause autism spectrum disorder and other conditions, saying there's no benefit to grouping them in an MDL.

  • February 15, 2024

    Court Overrides Objectors, OKs $80M Wells Fargo Repo Deal

    A Pennsylvania federal court gave its final approval Thursday to an $80 million settlement of wrongful repossession claims against Wells Fargo, despite objections from a Pittsburgh couple who wanted to continue their own proposed class action against the company.

  • February 15, 2024

    GM Tells 6th Circ. Unharmed Drivers Can't Be Certified

    General Motors urged the Sixth Circuit on Wednesday to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying the district court "shirked" its duty to rigorously analyze issues before granting the certification.

  • February 15, 2024

    Electric Parts Co. Can't Escape Worker's ESOP Fight

    Owners of a Massachusetts electrical components company and managers of its employee stock ownership plan can't avoid a suit alleging they undervalued the plan's shares when the program shut down, after a Massachusetts federal judge found Thursday that plan participants' allegations were detailed enough to move forward.

  • February 15, 2024

    Investor In Battery Co. Microvast Sues Over De-SPAC Merger

    Leaders of lithium-ion battery maker Microvast Holdings Inc. and the blank-check company that took it public in July 2021 were so "personally hellbent on completing the merger" for their own benefit that they deceived public investors into approving it, a shareholder alleges in a new Delaware Chancery Court suit.

  • February 15, 2024

    Colo. Consumer Protection Claims Can Live Sans Class

    A Colorado appellate panel concluded Thursday that a plaintiff who asserts a class claim under the Colorado Consumer Protection Act but does not secure class certification can still pursue an individual claim.

  • February 15, 2024

    NYers Sue City To Push Housing Voucher Program Expansion

    A proposed class of New Yorkers have sued Mayor Eric Adams and the city in state court seeking to force the implementation of a set of laws aimed at expanding the City Fighting Homelessness and Eviction Prevention Supplement housing voucher program.

  • February 15, 2024

    Wash. High Court Affirms Liberty Mutual's Bill Review System

    The Washington State Supreme Court on Thursday said Liberty Mutual can use an industry database to cap payments to medical providers, rejecting a neurologist's argument that using computer-generated data to calculate medical bills violated consumer protection law because it didn't guarantee reasonable payment.

  • February 15, 2024

    1st Circ. Partially Revives Tufts U. Worker's Benefits Fight

    The First Circuit has said a Massachusetts federal judge was right to release Tufts University from a suit by an employee alleging her insurance premiums were illegally increased but reinstated her claims against underwriter Prudential due to ambiguous contract language.

  • February 15, 2024

    Biggest Tiremakers Sued Over Alleged Price-Fixing

    An Illinois tire buyer is piggy-backing off last month's European Commission raids of tire manufacturers in a new class action, alleging that the biggest players in the industry have been colluding to artificially inflate new replacement tire prices in the wake of the COVID-19 pandemic.

  • February 15, 2024

    Wash. Judge Tosses Professors' Email Probe Privacy Suit

    A Washington federal judge has sided with the state in a proposed class action brought by two University of Washington professors seeking to block the state ethics board's director from combing through faculty emails during misconduct investigations, saying the emails are public records because the professors are public employees.

  • February 15, 2024

    9th Circ. Won't Revive Honda AC Warranty, Fraud Claims

    The Ninth Circuit has said it won't revive a breach of implied warranty suit against American Honda Motor Co. Inc. alleging it sold vehicles with faulty air conditioners, holding the proposed class of buyers hasn't shown that its members have a special relationship with the company.

  • February 15, 2024

    GM Fuel Pump Class Can't Take Second Go At Multistate Cert

    A Michigan federal judge has ruled that drivers alleging General Motors sold them vehicles with faulty fuel pumps cannot toll some of their claims or try for a second round of certifying a multistate class, concluding that the "unusual" request was not supported by case law.

  • February 15, 2024

    Med Monitoring Claims In Philips MDL Sent Back For Review

    The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Credit Repair Biz Urges Sanctions In Sales Reps' Firing Suit

    A credit repair services company being sued by a group of fired sales agents has called on a Michigan federal court to sanction them, saying their claim of not knowing if they had signed contracts with arbitration terms was an attempt to wriggle out of arbitration.

  • February 14, 2024

    Pfizer Reaches $93M Deal With Lipitor Buyers In Antitrust MDL

    Pfizer Inc. has agreed to shell out $93 million to put to rest Lipitor buyers' claims in sprawling antitrust multidistrict litigation over the cholesterol medication that stretches back more than a decade, according to a motion filed Wednesday in New Jersey federal court.

  • February 14, 2024

    Visa Says $5B Swipe Fee Deal Blocks Intuit, Square Claims

    Visa and Mastercard have asked a New York federal court to throw out antitrust claims brought by Intuit and Square, arguing that their claims were released as part of the $5.6 billion class action settlement the credit card companies finalized with merchants last year.

  • February 14, 2024

    9th Circ. Open To Rebooting Suit Over Apple App Crypto Theft

    A Ninth Circuit panel appeared open Wednesday to reviving a putative class action alleging Apple misrepresented the safety of its App Store after users' cryptocurrency was stolen from an app, with two judges questioning why the allegations can't survive when Apple has consistently touted its security in separate antitrust litigation.

  • February 14, 2024

    ​​​​​​​Google's Use Of User Data Quotas Draws 9th Circ. Analogies

    A Ninth Circuit panel Wednesday struggled to find an apt analogy for a property claim made by Android users alleging in a proposed class action that Google illegally uses their purchased data allotments to transmit information back to the company, comparing the intangible data to electricity or an annuity, among other hypotheticals.

  • February 14, 2024

    'Addictive' Tinder, Hinge Apps Break Hearts, V-Day Suit Says

    Match Group intentionally designs its Tinder and Hinge dating apps to be addictive in order to lock users into a "perpetual pay-to-play loop," prioritizing profits over its marketing promises of helping people make romantic connections, according to a proposed class action filed in California federal court on Valentine's Day.

  • February 14, 2024

    Alcon Can't Dodge Suit Over Eye Drops' '30 Day Supply' Claim

    Alcon Laboratories can't escape a proposed class action alleging it falsely claims that its Pataday eye drops have a "30 Day Supply," after a New York federal judge said Wednesday that reasonable consumers could understand the label as assuring that the product, if used as directed, would last 30 days.

  • February 14, 2024

    Honda, Ford Push For Review Of New Wireless IP

    Honda is urging U.S. Patent and Trademark Office Director Kathi Vidal to vacate the Patent Trial and Appeal Board's decision not to review a Neo Wireless patent it had challenged, the same day Ford did the same.

  • February 14, 2024

    Prudential Inks $35M Deal Over Investor's Stock-Drop Suit

    A Prudential Financial Inc. investor asked a New Jersey federal judge on Wednesday to sign off on a $35 million deal to settle allegations the insurer hid mortality trends and understated its life insurance reserves, causing its stock to trade at inflated prices.

Expert Analysis

  • 10 Years Of Retail Battles: Unpacking Pricing Litigation Trends

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    A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • Arbitration Is Still On The Table To Fight ERISA Class Actions

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    Despite the U.S. Supreme Court recently denying certiorari in two cases that would have brought clarity to the arbitrability of ERISA claims, it is likely that the issue will remain hotly contested for some time, but lower court decisions provide tools for plan sponsors to curtail their ERISA exposure, say attorneys at Sullivan & Cromwell.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

  • What To Keep Tabs On In The NIL Arena This Year

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    The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.

  • Companies Should Beware Greater Scrutiny Of Subscriptions

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    The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.

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