Class Action

  • February 09, 2024

    Ford Plant's Meetings Cheat Workers Out Of OT, Court Told

    Process coaches at Ford must attend pre- and post-shift meetings before they clock in and after they clock out, cheating them out of overtime pay, a former worker alleged in a proposed collective action filed in Ohio federal court.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 08, 2024

    Amazon Hit With Class Action Over 'Rigged' Buying Features

    Two consumers hit Amazon with a proposed class action Thursday in Washington federal court, alleging "hundreds of millions" of customers have overpaid for items because of Amazon rigging algorithms to boost sales of its own retail business and third-party sellers participating in its fulfillment service.

  • February 08, 2024

    Hudson City Investors Lose Cert. In $3.7B M&T Merger Suit

    A proposed investor class can't be certified in a suit alleging M&T Bank Corp. and Hudson City Bancorp Inc. hid regulatory problems that led to a yearslong delay of their $3.7 billion merger over a decade ago, a federal judge said after finding his previous order to certify the class "clearly erred in applying the Third Circuit's legal standard."

  • February 08, 2024

    Google Sued Over Pixel Phones That Are Too Hot To Handle

    Google's Pixel Pro 6 phones have a defect that causes them to overheat to the point that they become too hot to hold, according to a proposed class action in California state court filed by a woman who says she's now had several Pixel Pro 6s with the same issue. 

  • February 08, 2024

    Yamaha Worker Must Arbitrate PAGA Claim, Panel Rules

    A California state appellate court on Thursday reversed in part a trial court's order in a proposed class action accusing Yamaha Motor Corp. of withholding wages, saying recent rulings in the Golden State's high court require the former employee to arbitrate her individual Private Attorneys General Act claim.

  • February 08, 2024

    Consumers Seek Final OK Of $6.8M FCRA Settlement

    A class of consumers have asked a Connecticut federal court to give final approval to a $6.8 million deal ending a suit alleging mortgage credit reporting companies Xactus LLC and Avantus LLC harmed them by preparing consumer reports that misidentified them as "terrorists, drug traffickers, arms dealers and other enemies of the United States."

  • February 08, 2024

    Eyewear Buyers Want To Consolidate 6 EssilorLuxottica Suits

    Eyeglass buyers pursuing six separate proposed antitrust class actions against industry giant EssilorLuxottica asked a Minnesota federal judge to consolidate the lawsuits and appoint Lockridge Grindal Nauen PLLP, Gustafson Gluek PLLC, Zimmerman Reed LLP and Hilgers Graben PLLC as interim co-lead counsel.

  • February 08, 2024

    Blade Air Investor Sues KSL Capital, Others Over SPAC Deal

    A shareholder of urban air transport venture Blade Air Mobility Inc. on Thursday filed a lawsuit in Delaware's Court of Chancery against key figures of the special-purpose acquisition company that took it public, along with the deal's sponsor KSL Capital Partners.

  • February 08, 2024

    $1B DuPont Deal Gets Final OK In Firefighting Foam MDL

    A South Carolina federal judge on Thursday granted final approval to a $1.18 billion settlement involving chemical companies DuPont, Chemours and Corteva over drinking water polluted by so-called forever chemicals, dismissing objections raised by three Washington cities and the North Texas Municipal Water District, among others.

  • February 08, 2024

    Del. Chancery Questions Broker's 'Ornate' Board Control Fix

    Bylaw amendments adopted by insurance broker BRP Group Inc. in response to a shareholder's complaint that its co-founders wielded too much control over the company's board may have "narrowed" the problem but did not necessarily eliminate it, a Delaware Chancery Court vice chancellor said Thursday at a hearing in Wilmington.

  • February 08, 2024

    Pomerantz Beats 5 Other Firms To Lead SolarEdge Investor Suit

    A New York federal judge has appointed Pomerantz LLP to serve as lead counsel in a proposed shareholder class action claiming that SolarEdge Technologies Inc. failed to disclose information to investors about decreasing European sales, beating out five other firms that sought to lead the suit.

  • February 08, 2024

    Crypto Co. Hut 8 Merged With Failing Operation, Suit Says

    Crypto mining company Hut 8 was hit with a proposed class action from an investor alleging the company's stock price fell following the publication of a short-seller's report that said it paid $745 million for another company with severe financial and operational issues.

  • February 08, 2024

    Transport Co. Agrees To Settle Workers' Retirement Plan Suit

    Former transportation company employees told an Ohio federal court Thursday they reached a deal with the company to end a class of workers' lawsuit alleging the company followed the poor advice of its investment consultant in replacing most of its retirement plan options with subpar funds.

  • February 08, 2024

    Tech Co.'s 401(k) Committee Dodges Workers' Fee Suit

    A Georgia federal judge tossed out a proposed class action brought by two former technology company workers who claimed the company's 401(k) committee allowed the plan to be saddled with unlawfully hefty fees, saying they failed to show they went through the proper internal channels before filing suit.

  • February 08, 2024

    11th Circ. Keeps Nissan's Win In Mechanics' Wage Suit

    Nissan can escape a proposed wage and hour collective action brought by dealership mechanics because it didn't jointly employ them, the Eleventh Circuit said Thursday, upholding a Florida federal court's decision in favor of the car manufacturer.

  • February 08, 2024

    Broker Hit With Suit Over Data Breach Affecting 1.5 Million

    A California insurance broker is facing a proposed class action filed Thursday in federal court accusing the company of failing to keep the health and personal information of more than 1.5 million customers safe from exposure in an August cyberattack.

  • February 08, 2024

    NYC Police Union Can't 'Veto' NYPD Protest Deal, Judge Says

    A federal judge on Wednesday shot down a bid by New York City's largest police union to block a sweeping reform of police protocols for handling protests, saying the union could not torpedo a settlement that ended a high-profile, sprawling legal case arising out of the 2020 demonstrations against police brutality.

  • February 08, 2024

    GolfNow And NBC Hit With Class Action Over Data Sharing

    GolfPass subscribers have hit GolfNow LLC and NBC Universal Media with a proposed class action claiming the companies collect and share consumers' personally identifiable information with Meta without their consent.

  • February 08, 2024

    Ex-Schnader Harrison Atty Alleges Firm Mishandled Funds

    A former partner of now-shuttered Schnader Harrison Segal & Lewis LLP has accused the firm of mismanaging funds deducted from employee pay by failing to deposit them into a retirement plan, according to a putative class action in Pennsylvania federal court.

  • February 08, 2024

    Consumers Sue SeatGeek Ticket Retailer Alleging Hidden Fees

    Three fans have filed a proposed class action against ticket app company SeatGeek Inc. in New York federal court, claiming it is less than forthcoming with fees it charges for purchases made on its platform.

  • February 08, 2024

    Esurance Pockets Totaled Vehicles' Sales Tax, Suit Says

    Auto insurer Esurance stole from customers by routinely failing to cover sales tax on totaled vehicles, a policyholder said in a proposed class action filed in New York federal court.

  • February 08, 2024

    Mich. Judge Won't Restore $2.4M Bosch Defeat Device Deal

    Chevrolet Cruze drivers can't salvage a scrapped $2.4 million settlement with an auto parts manufacturer in litigation claiming cars they purchased were equipped with emissions-cheating software, a Michigan federal judge said Wednesday.

  • February 08, 2024

    Oracle Stockholders Lose Bid For $5M 'Mootness' Fee

    The Delaware Chancery Court has denied a $5 million attorney fee request by Oracle stockholders who lost a lawsuit that alleged the software giant overpaid for its $9.3 billion acquisition of Netsuite, rejecting the investors' contention that they deserve an award for prompting the company to appoint two new independent directors.

  • February 08, 2024

    Seattle Hospital Owes $215K In Mold Suit, Jury Finds

    A Seattle jury awarded $215,000 Thursday to three families whose children were prescribed antifungal treatment after being potentially exposed to toxic mold at Seattle Children's Hospital, concluding a bellwether damages trial and rejecting plaintiffs' request for far more. 

Expert Analysis

  • 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.

  • How Ill. Supreme Court Could Shape Statutory Violation Cases

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    In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

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