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Class Action
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November 27, 2024
AI Co. Seeks To Dismiss Actors' Class Action Over Voice Use
A startup that makes software to create voice-over narrations has asked a Manhattan federal judge to dismiss an amended class action that accuses the company of using actors' voices without permission, saying the updated complaint takes a "kitchen-sink approach" by adding several claims but "very few new relevant facts."
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November 27, 2024
Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually
An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.
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November 27, 2024
Canadian Hockey League Escapes Antitrust Suit; NHL Still In
The umbrella organization for three Canada- and U.S.-based developmental hockey leagues has been dropped as a defendant in a proposed federal antitrust class action by players accusing it and the National Hockey League of exploitation, abuse and unlawful restraint on their careers.
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November 27, 2024
AME Church, Retirees Ask To Drop Bishops From $90M Suit
The African Methodist Episcopal Church and employees who alleged the church and its investment providers failed to prevent a rogue employee from embezzling $90 million from their retirement plan asked a Tennessee federal court to dismiss claims against two bishops in the case, citing a settlement reached earlier this year.
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November 27, 2024
9th Circ. Won't Rethink Revival Of Swimmers' Antitrust Suit
The Ninth Circuit has refused to reconsider a decision reinstating a pair of lawsuits brought by a trio of swimmers and the International Swimming League claiming a boycott by swimming's international governing body violated antitrust law.
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November 27, 2024
3 Argument Sessions Benefits Attys Should Watch In Dec.
The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emergencies, and the D.C. Circuit will wade into a pension withdrawal liability fight. Here are three argument sessions benefits attorneys should keep an eye on in December.
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November 27, 2024
Rikers Faces Federal Takeover As NYC Held In Contempt
A Manhattan federal judge found New York City and its corrections department in civil contempt for failing to fix the "unconstitutional danger" for inmates at Rikers Island, indicating a receivership is the solution.
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November 26, 2024
Sundance Can't Ditch Suit Over Purchase Data Disclosures
A Utah federal judge has refused to toss a proposed class action accusing specialty retailer Sundance of unlawfully sharing its customers' private information with various third parties, finding that a ban on class actions contained in the state law being relied on by the plaintiffs didn't doom the dispute.
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November 26, 2024
GE Inks $362.5M Settlement In Investors' Stock Fraud Suit
General Electric Co. shareholders asked a Manhattan federal judge to greenlight a $362.5 million settlement resolving long-running litigation on the cusp of trial that alleged the industrial giant's stock price plummeted after it was revealed the company fraudulently concealed cash flow problems.
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November 26, 2024
Macy's Says High Court Ruling Guts DOL's Tobacco Fee Case
Macy's urged an Ohio federal judge to ax a U.S. Department of Labor claim that the company discriminated against tobacco users by charging them an extra fee through its health insurance plan, arguing that the U.S. Supreme Court's recent Loper Bright ruling disqualifies the agency's regulations at issue.
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November 26, 2024
Truepill's $7.5M Patent Data Theft Settlement Gets Initial OK
A California federal judge Tuesday preliminarily backed a $7.5 million deal resolving a proposed class action alleging that online pharmacy PostMeds Inc., which does business as Truepill, failed to protect the sensitive information of millions of patients from a data breach.
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November 26, 2024
3M Says $6B Settlement Docs Needed In AIG Europe Fight
3M is urging a Florida federal court to release information relating to its recently inked $6 billion deal ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which is tasked with determining whether insurer AIG Europe Ltd. is wrongly refusing to pay its share of the historic pact.
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November 26, 2024
Warner Bros. Hit With Investor Suit Over Failed NBA Deal
Warner Bros. Discovery Inc. investors Monday filed a proposed class action claiming that the entertainment company and its top brass made false and misleading statements about how negotiations with the NBA were really going and the state of its overall business and financial prospects.
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November 26, 2024
Customers Sue Fintech Partner Banks After Processor Failure
Five banks holding funds for customers of fintech platforms face proposed class action claims of gross mismanagement after "significant ledger irregularities" totaling $85 million were discovered in the wake of an intermediary software company's bankruptcy.
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November 26, 2024
Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages
A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers entered into an illegal "no-poach" agreement during a 2022 strike.
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November 26, 2024
NAR Buyer-Broker Settlement Approved Over DOJ Concerns
A Missouri federal judge granted final approval Tuesday to the National Association of Realtors' antitrust settlement with home sellers, signing off on a $418 million payment and changes to broker commission rules, as NAR and the plaintiffs assailed the U.S. Department of Justice for raising last-minute concerns about the deal.
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November 26, 2024
Wells Fargo Dodges 2nd Circ. Rehearing In $500M Plunge Suit
The Second Circuit has rejected a rehearing bid by two investors seeking to revive their proposed class action accusing Wells Fargo Securities LLC of causing a Chicago fund manager lose at least $500 million by wrongfully forcing the liquidation of its mutual fund and other investments.
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November 26, 2024
Beasley Allen Escapes Sanctions For J&J Deposition No Show
A Texas bankruptcy judge on Tuesday laid ground rules for documents and communications to be shared in a messy discovery phase of the Chapter 11 of Red River Talc, Johnson & Johnson's latest liability spinoff, while also saying he wouldn't sanction a Beasley Allen attorney who didn't appear at a deposition last week.
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November 26, 2024
Atty Sanctioned In Privacy Suit Over Dodgy Prejudice Claims
A Texas federal judge chided a plaintiffs' attorney during a Tuesday hearing in a privacy-related proposed class action, saying the lawyer needs a "refresher" on local rules and fining him $150 for seemingly pushing his own self-interests.
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November 26, 2024
9th Circ. Pauses Ruling For VA To Build Vets' Housing
The Ninth Circuit paused a federal judge's order for the U.S. Department of Veterans Affairs to build housing for veterans on a Los Angeles campus, allowing time for several constituents to weigh in on the matter.
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November 26, 2024
Susman Godfrey Riding 'Coattails' In $147.5M Deal, Court Told
Susman Godfrey LLP should be denied fees for representing objectors to a $147.5 million global settlement of a life insurance proposed class action in Connecticut, class counsel has argued, saying the firm sought to "impede" rather than secure the deal and only rode class counsel's "coattails."
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November 26, 2024
Judge Heads Off Misleading Solicitation In NCAA NIL Deal
The California federal judge overseeing the NCAA name, image and likeness class action that is nearing closure issued guidelines Tuesday for third-party servicing companies offering to help student athletes secure their portion of a preliminarily approved $2.78 billion settlement.
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November 26, 2024
Affinity Bar Groups Decry Colo. No-Poach Restrictions
Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm.
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November 26, 2024
U. Of Michigan Shorting Pay With Late Raises, Prof Says
The University of Michigan has been consistently applying salary increases three months later than its employment contracts require, leading to unpaid wages, a tenured sociology professor said in a proposed class action filed Tuesday in state court.
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November 26, 2024
Netflix Ditches Investor Suit Over Account Sharing For Good
A California federal judge on Tuesday dismissed a proposed class action accusing Netflix and its executives of misleading investors about growth challenges tied to account sharing, concluding "further leave to amend would be futile," since the investor plaintiffs were already given a chance to show that statements made were misleading.
Expert Analysis
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Website Accessibility Ruling Leaves Circuit Split Unresolved
A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
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The Fed. Circ. In October: Aetna And License-Term Review
The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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A Look At The Increased Scrutiny Of Cash Sweep Programs
Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope
Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Newly Acquired Information Can Be Key In Drug Label Cases
The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
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Nvidia Case's Potential Impact On Securities Class Actions
In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.