The California Supreme Court on Monday ruled that pretrial detainees who work while in jail are not entitled to minimum wage and overtime claims under California's labor law, finding the state's penal code permitting such work covers nonconvicted individuals.
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TUESDAY, APRIL 23, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Calif. High Court Says Pretrial Inmates Can't Get Min. Wage

By Daniela Porat

The California Supreme Court on Monday ruled that pretrial detainees who work while in jail are not entitled to minimum wage and overtime claims under California's labor law, finding the state's penal code permitting such work covers nonconvicted individuals.

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Justices To Mull Atty Fees For Preliminary Injunctions

By Ryan Boysen

The U.S. Supreme Court on Monday agreed to hear a case that could determine whether litigants can receive attorney fees for "prevailing" in a case by winning a preliminary injunction, despite never securing a final judgment.

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Supreme Court Denies Amazon Bid To Review Arbitration Scope

By Daniela Porat

The U.S. Supreme Court on Monday denied Amazon's bid to review a Ninth Circuit decision on whether last-mile delivery drivers are exempt from the Federal Arbitration Act.

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Uber Can't Ditch All Drivers' Pay Claims, Ill. Judge Says

By Lauraann Wood

Three Uber drivers claiming they're unlawfully classified as independent contractors and therefore paid illegally must arbitrate those proposed collective claims, but one driver who fought the issue in a previous case can pursue his claim in court, an Illinois federal judge said Monday.

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Social Media MDL Attys Ordered To Sort Out Confidentiality

By Dorothy Atkins

A California federal judge presiding over discovery in multidistrict litigation over whether social media platforms' design is addictive warned parties at a hearing Monday not to ask him to resolve disputes over confidentiality designations, asking repeatedly, "Why do they matter?" and saying, "These are the kinds of things that lawyers should work out."

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SECURITIES

Robinhood 'Meme Stock' Investors Lose New Class Cert. Bid

By Katryna Perera

A Florida federal judge has denied a bid from Robinhood investors to file a new motion for class certification in a suit over the trading platform's suspension of so-called meme stock purchases, saying the deadline for class certification has passed and the investors have not shown a good reason to extend it.

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E-Truck Maker Rivian Faces Investor Suit Over Sales Slump

By Sydney Price

Electric-vehicle manufacturer Rivian Automotive Inc. has been hit with a proposed class action alleging it misled investors by overstating the demand for its products and downplaying the impact historically high interest rates were having on its customers' shopping habits.

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Palo Alto Networks Execs Face Suit Over Misleading Outlook

By Sydney Price

Executives and directors of cybersecurity company Palo Alto Networks have been hit with a shareholder derivative suit in California federal court alleging they misled investors about the success of its platform consolidation strategy, which was expected to result in lucrative government contracts.

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PacWest Wants Suit Over Alleged Rate Hike Exposure Axed

By Katryna Perera

PacWest Bancorp has urged a California federal judge to toss a proposed class action from an investor who alleges the California regional bank ignored warning signs posed by last year's collapse of Silicon Valley Bank, saying the fact that it did not anticipate the "unprecedented turmoil in the banking industry" is not a violation of federal securities laws.

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Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

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COMPETITION

Gambling Co., Casinos Battle Over Shuffler Antitrust Claims

By Bryan Koenig

Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.

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EMPLOYMENT & BENEFITS

Justices Won't Weigh If Domino's Drivers Arbitration-Exempt

By Max Kutner

The U.S. Supreme Court on Monday passed on reviewing whether Domino's Pizza truck drivers are interstate transportation workers who are exempt from federal arbitration requirements, declining to pave the way for a ruling that could have expanded or narrowed the arbitration carveout.

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Justices Won't Hear Bakery's Arbitration Exemption Case

By Max Kutner

The U.S. Supreme Court on Monday declined to again examine a carveout to a federal arbitration law for interstate transportation workers, in a case involving baked goods delivery drivers, after already issuing a decision in a similar case.

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Court Tosses Shipbuilders No-Poach Case As Untimely

By Matthew Perlman

A Virginia federal court found that a pair of warship designers haven't shown that major shipbuilders for the U.S. military, including General Dynamics and Huntington Ingalls Industries, concealed a "gentlemen's agreement" to not poach workers from one another.

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Ex-Twitter Workers Can't Arbitrate Until Class Cert. Resolved

By Lauren Berg

A proposed class of former employees of Twitter, now known as X, cannot yet force the company to move forward with their various employment claims in arbitration, a California federal judge determined Monday, saying the issue of class certification needs to be decided first.

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Unions Can Refile Tossed ERISA Suit Against Anthem BCBS

By Ryan Harroff

A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.

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J&J Says Worker's Drug Costs Suit Misses Big Picture

By Grace Elletson

Johnson & Johnson asked a New Jersey federal judge to toss a worker's suit claiming employees were overcharged for their prescriptions under a drug benefit program because of a contract with a pharmacy benefits manager, saying employees didn't show they could've gotten a better deal elsewhere.

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Cleaning Crew Says United Airlines Unit Didn't Pay All OT

By Irene Spezzamonte

A United Airlines subsidiary providing cleaning services on planes failed to properly pay cabin workers for the nonscheduled overtime they worked, according to a proposed class action the company removed to Colorado federal court.

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PRODUCT LIABILITY

Hyundai, Kia Drivers Want $13M Fees In Car Theft Defect Deal

By Ryan Harroff

A consumer class of Hyundai and Kia drivers who claimed that the companies knowingly sold them cars with defects that made them easy to steal asked a California federal judge for final approval of their $145 million deal, with $13.4 million in fees, after an objector said the deal wasn't enough.

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9th Circ. Backs Class Cert. In Pet Supplement False Ad Suit

By Lauren Berg

The Ninth Circuit on Monday upheld certification of a consumer class accusing health supplement company Nutramax of falsely marketing Cosequin as promoting healthy joints in dogs, saying an economics expert could use a generic and "otherwise reliable" damages model without applying it specifically to the class at this stage.

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CYBERSECURITY & PRIVACY

Amazon Illegally Gathered Workers' Face Scans, Suit Says

By Gina Kim

Amazon.com Services faces a proposed class action filed Monday in Illinois federal court accusing the retail giant of gathering employees' facial geometry scans and sharing them with various third parties without first receiving the employees' written consent in violation of the Illinois Biometric Privacy Act.

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Google Faces Sanctions Bid Over Alleged Data Destruction

By Dorothy Atkins

A putative class of Google account holders urged a California magistrate judge to sanction and hold Google in contempt for purportedly intentionally destroying key evidence in their suit, which claims Google's ad auction practices violate privacy rights, arguing Google has a pattern of the alleged misconduct in the district.

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GM, Others Sued For Sharing Driver Data With Insurers

By Kelcey Caulder

Two New Jersey drivers say they saw increases in their insurance premiums after General Motors and its OnStar unit allegedly used apps installed in their vehicles to illegally share driver data with consumer reporting agencies and insurance carriers without their consent.

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IP & TECHNOLOGY

Ex-Gov. Huckabee Says Bloomberg Can't Duck Copyright Suit

By Ivan Moreno

Former Arkansas Gov. Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.

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BANKRUPTCY

Atty Says Class Bid Over Bankrupt Firm's Hurricane Ads Fails

By Emlyn Cameron

A proposed class action against troubled Houston law firm MMA Law Firm, a former partner and others accused of participating in an illegal scheme to scare up profitable litigation following a hurricane doesn't offer enough evidence for certification and didn't meet a filing deadline, the ex-partner told a Texas federal judge.

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PEOPLE

GRSM50 Adds Wilson Turner Litigation Vet In San Diego

By James Mills

Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is expanding its Southern California team, bringing in a Wilson Turner Kosmo LLP employment and class action pro as a partner in San Diego.

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EXPERT ANALYSIS

Using Rule 23(f) To Review Class Certification Orders

Since plaintiffs on average are prevailing in certifying a class more often than not, the best-positioned class action defendants are those prepared to pursue relief under Rule 23(f) well before the district court issues its certification decision, say attorneys at K&L Gates.

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LEGAL INDUSTRY

Unemployment Rate For Recent Law Grads Improves, ABA Finds

By Kevin Penton

Fewer recent law school graduates were unemployed in March than in the previous year, as the negative effects of the COVID-19 pandemic further recede into memory, according to data released Monday by the American Bar Association.

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Justices Skip How Mid-Litigation Changes Affect Standing

By Katie Buehler

The U.S. Supreme Court on Monday left in place a Third Circuit ruling that plaintiffs must reestablish standing when defendants cause circumstances to change mid-litigation, ending a Pennsylvania attorney's challenge to the state's new anti-bias and harassment professional conduct rule.

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Morgan Lewis Atty Aims ERISA Suit At Firm's Plan, Unum

By Hailey Konnath

A Morgan Lewis & Bockius LLP lawyer has lodged an Employee Retirement Income Security Act suit against the firm's benefit plan, claiming the plan illegally and abruptly terminated her long-term disability benefits after seemingly applying criteria irrelevant to her work.

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Walden Macht Launches Securities Group With Ex-Sidley Atty

By Emma Cueto

White collar boutique Walden Macht & Haran LLP announced Monday that it has launched a securities enforcement defense practice headed by a recent arrival from Sidley Austin LLP in New York.

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Analysis

As DA Aims High, Trump Defense Gets 'Down And Dirty'

By Phillip Bantz

Donald Trump lifted the curtain Monday on his strategy to win over jurors in his New York criminal hush-money trial, as a lawyer for the former president hammered the state's "liar" star witness and rejected the prosecution's quixotic framing of the case, experts observed.

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Trump Led Plot To Undermine 2016 Election, NY Jury Told

By Stewart Bishop

A prosecutor told a Manhattan jury on Monday that Donald Trump was the head of a conspiracy to undermine the integrity of the 2016 election through hush-money payments, kicking off the first criminal trial of a former president.

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Coverage Recap: Day 1 Of Trump's NY Hush Money Trial

By Frank Runyeon and Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to adult film actress Stormy Daniels ahead of the 2016 election. Here's a full recap from day one.

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Trump, NY AG Reach Deal To OK $175M Fraud Appeal Bond

By Rachel Scharf

Donald Trump's lawyers agreed Monday to bond conditions requiring the former president to give up control of his $175 million cash deposit pending appeal of a $465 million civil fraud judgment, staving off scrutiny from both the New York attorney general and the judge who entered the award.

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11 State AGs Urge Senate To Confirm Mangi For 3rd Circ.

By Courtney Bublé

A group of 11 attorneys general is calling on the Senate to confirm Adeel Mangi, nominee for the Third Circuit, who would be the first federal Muslim appellate judge if confirmed, condemning allegations that he is antisemitic or anti-law enforcement.

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Senate OKs Permanent Status For 10 Fed. District Judgeships

By Lynn LaRowe

The U.S. Senate has unanimously passed a bill put forth by a bipartisan group of lawmakers that would transition 10 previously temporary district court judgeships in 10 states to permanent posts, including in Texas, California and Florida.

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DOJ Legal Counsel Must Disclose Interagency Rulings: Judge

By Adrian Cruz

Opinions from the U.S. Department of Justice's Office of Legal Counsel on interagency disputes should be made available for public review, a judge has found, siding with an open government watchdog in a long-running records dispute.

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Congress Urged To Fund Attys For Immigrants In Removal

By Britain Eakin

A coalition of more than 100 immigrant rights groups and several local governments urged congressional appropriators on Monday to allocate funds next fiscal year to increase legal representation for individuals in removal proceedings to protect their due process rights.

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Ex-US Atty's Stepson Says He Has None Of Docs Gov't Seeks

By Anna Scott Farrell

The stepson of a former Nevada U.S. attorney convicted of failing to pay taxes told a Nevada federal court that he doesn't have the financial documents the federal government has demanded in its $1.3 million tax suit against his stepfather.

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LAW FIRMS IN TODAY'S NEWS

Baron & Budd

Bartlett LLP

Berger Montague

Bingham McCutchen

Blank Rome

Bleichmar Fonti

Bowie & Jensen

Bressler Amery

Briglia Hundley

Bronstein Gewirtz

Buchalter APC

Carmody Torrance

Chiesa Shahinian

Clifford Law Offices

Cohen Milstein

Continental PLLC

Cooley LLP

Cotchett Pitre

Couhig Partners

Covington & Burling

Cravath Swaine

Crowell & Moring

DLA Piper

Desai Law Firm

DiCello Levitt

Faegre Drinker

Fair Work PC

Fairmark Partners LLP

FeganScott

Ford O'Brien

Fried Frank

Godfrey & Kahn

Gordon Rees

Grabar Law

Greenberg Traurig

Habba Madaio

Hagens Berman

Hamilton Lincoln Law Institute

Handley Farah

Hanson Bridgett

Hausfeld LLP

Hogan Lovells

Humphrey Farrington

Hunton Andrews

Jenner & Block

Jones Day

K&L Gates

Kantrowitz Goldhamer

King & Spalding

Levin Papantonio

Lewis Baach

Lichten & Liss Riordan

Lieff Cabraser

Littler Mendelson

Livingston Adler

Longman Law PC

Marshall Gerstein

McClenny Moseley

McGuireWoods

Milberg Coleman

Morgan Lewis

Motley Rice

Murphy & Rudolf

NechelesLaw

Nelson Mullins

Ogletree Deakins

Patterson Belknap

Paul Hastings

Pearson Warshaw

Pillsbury Winthrop

Pisanelli Bice

Pomerantz LLP

Poynter Law Group

Pritzker Levine

Quinn Emanuel

Reece Moore

Reynolds Frizzell

Rigrodsky Law

Robert & Robert PLLC

Ron Austin Law

Rosen Law Firm PA

Salmanson Goldshaw

Seyfarth Shaw

Shearman & Sterling

Sidley Austin

Siegel Yee

Simmons Hanly

Simpson Thacher

Sullivan & Cromwell

Terrell Marshall

Vorys

Walden Macht

Wiley Rein

Williams & Connolly

WilmerHale

Wilson Turner

Wolf Haldenstein

​Bottini & Bottini

COMPANIES IN TODAY'S NEWS

AMC Entertainment Holdings Inc.

Amazon.com Inc.

American Bar Association

American Media Inc.

Aramark

Banc of California Inc.

BioMarin Pharmaceutical Inc.

Bloomberg

Blue Bell Creameries LP

Bollinger Shipyards Inc.

CACI International Inc.

Casino Queen Inc.

Citadel Securities LLC

Citigroup Inc.

Cornell University

Credit Suisse Group AG

Crown Castle Inc.

Delta Air Lines Inc.

Domino's Pizza Inc.

EQT Corp.

Early Warning Services LLC

Elevance Health Inc.

Elliott Investment Management LP

Empire HealthChoice HMO Inc.

Endeavor Operating Company LLC

Express Scripts Holding Co.

Flowers Foods Inc.

Ford Motor Co.

GRAIL Inc.

GameStop Corp.

General Dynamics Corp.

Google LLC

Huntington Ingalls Industries Inc.

Illumina Inc.

International Union of Bricklayers and Allied Craftworkers

JAMS Inc.

JPMorgan Chase & Co.

Johnson & Johnson

Legal Aid Justice Center

LexisNexis Group Inc.

LexisNexis Risk Solutions Inc.

Light & Wonder Inc.

LinkedIn Corp.

Meta Platforms Inc.

Microsoft Corp.

Morgan Stanley

Nucor Corp.

Nutraceutical Corp.

Okada Manila

OnStar LLC

PTC Therapeutics Inc.

PacWest Bancorp

Pacific Western Bank

RPM International Inc.

Reddit Inc.

Rivian Automotive LLC

SVB Financial Group

Scientific Games Corp.

Snap Inc.

Southwest Airlines Co.

Tesla Inc.

The Boeing Co.

The Charles Schwab Corp.

The New York Times Co.

TikTok Inc.

Tokyo Gas

TripAdvisor Inc.

Trump Organization Inc.

Twitter Inc.

UCLA School of Law

Uber Technologies Inc.

United Parcel Service Inc.

Unum Group

Vera Institute of Justice Inc.

Verisk Analytics Inc.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Labor Statistics

California Department of Justice

California Supreme Court

Colorado Department of Labor and Employment

Commonwealth of Kentucky

Denver International Airport

Federal Deposit Insurance Corp.

Federal Reserve System

Judicial Conference of the United States

Manhattan District Attorney's Office

New York Attorney General's Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Nevada

Virginia Attorney General's Office

Virginia Department of Motor Vehicles