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Class Action
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January 31, 2025
FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws
Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."
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January 31, 2025
SpaceX Likely To Beat Sanctions Bid In Pay Equity Case
A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.
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January 31, 2025
Workers Score Class Cert. In Electric Parts Co. ESOP Suit
A Massachusetts federal judge has certified a group of employees in their class action against the owners of an electrical components company and managers of its employee stock ownership plan that claims they undervalued the plan's shares when the program was shut down.
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January 31, 2025
Del. Justices Uphold $33M-Plus Award In Software Co. Suit
Delaware's Supreme Court shot down on Friday a higher education software company founder's appeal from a $33 million-and-growing Court of Chancery award favoring shareholders who claimed they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice.
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January 31, 2025
Amazon Must Give Up Docs In Consumer Class Antitrust Suits
A Washington federal judge said Friday he would order Amazon to hand over documents it's flagged as confidential to consumers bringing a trio of proposed antitrust class actions, saying he's "suspicious" of the e-commerce giant's privilege-logging practices.
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January 31, 2025
Ohio Customer Sues Eligo Over 'Exorbitant' Electricity Rates
An Ohio man hit retail energy supplier Eligo Energy LLC with a proposed class action alleging that the company fleeced him and tens of thousands of other customers through variable rates stemming from "unbridled price gouging and profiteering."
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January 31, 2025
6 Argument Sessions Benefits Attys Should Watch In Feb.
The en banc Eleventh Circuit will consider whether federal anti-discrimination law bars a Georgia county health plan from refusing to cover a worker's gender-confirmation surgery while the Second Circuit will hear from an NBA referee defending his win in a pension payout case.
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January 31, 2025
Silicon Valley County Sues Trump Over Birthright Ban 'Chaos'
Silicon Valley's home county of Santa Clara hit the Trump administration with a lawsuit in California federal court, joining other governments across the nation challenging President Donald Trump's executive order that seeks to strip immigrants' children of birthright citizenship and claiming the order is already creating "chaos" locally.
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January 31, 2025
Transcription Co. Hit With Wage Action Over Unpaid Prep Time
A Colorado worker for Vitac Corp., which provides transcription and closed captioning services using artificial intelligence, filed a proposed collective action in federal court on Friday alleging she and other employees weren't paid for preparation tasks necessary to perform their jobs.
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January 31, 2025
Royal Caribbean Escapes 401(k) Mismanagement Suit
A Florida federal judge tossed a suit Friday claiming Royal Caribbean allowed an investment manager to load its $500 million retirement plan with underperforming proprietary funds, ruling the plan participant behind the class action failed to put forward proof of objective imprudence.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Judge Blocks Symetra Life Policyholders' $32.5M Deal
A Washington federal court rejected a $32.5 million settlement bid brought by a proposed class of Symetra life insurance policyholders who accused the life insurer of using undisclosed nonmortality factors to overcharge monthly rates, noting the proposed settlement notice leaves information on the class counsel's cost reimbursement blank.
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January 31, 2025
Ex-Paramount Worker Says NY WARN Covers Remote Jobs
A former Paramount employee accusing the studio of violating New York's WARN Act by laying off over 300 New York City-based workers without 90 days' notice urged a federal court to preserve his suit, saying Friday that the law covers him even though he worked remotely from California.
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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January 31, 2025
Target Warehouse Workers Win Class Cert. In NJ Wage Suit
A New Jersey federal judge has granted class certification to Target warehouse workers at three Garden State distribution centers alleging they were required to engage in unpaid work-related activities before and after their shifts, ruling each class member's case hinges on whether their walking time constitutes hours worked.
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January 31, 2025
Investors Say Walgreens Misled Over Prescription Misuse
A putative class of Walgreens shareholders has sued the retail giant in Illinois federal court, claiming it made false statements about its regulatory compliance and that stock prices fell in the wake of the federal government's allegations that Walgreens knowingly filled millions of invalid prescriptions for opioids and other controlled substances.
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January 31, 2025
Chancery Pushes Air Transport SPAC Suit Toward Trial
Stockholders who sued for damages after the take-public merger of an air taxi and medical transport company on Friday beat a dismissal motion filed by the company's principals in Delaware's Court of Chancery, sending the case to discovery and toward trial.
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January 31, 2025
Judge Extends Migrant Kids Detention Settlement
A California federal judge agreed to extend for 18 months a settlement governing the federal government's custody of detained immigrant children, saying there is evidence that Customs and Border Protection has been violating the agreement.
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January 31, 2025
RFK Jr. Says He'll Give Stake In Merck Vaccine Case To Son
Robert F. Kennedy Jr., President Donald Trump's pick for the nation's top healthcare position, said Friday that he would hand his financial stake in personal injury litigation against vaccine maker Merck over to an adult son.
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January 31, 2025
Seasoned Patterson Belknap Trial Team Joins Linklaters In NY
Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.
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January 31, 2025
State Street Must Face Suit Over Paper Co.'s ESOP Valuation
State Street Bank can't escape a suit claiming it allowed executives at a defunct paper company to sell overpriced shares to an employee stock ownership plan, a Wisconsin federal judge ruled, rejecting the firm's assertion that its stock valuation didn't cause any harm.
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January 31, 2025
Manufacturer Can't Arbitrate Wage Suit, Calif. Panel Affirms
A California panel upheld an order that refused to send to arbitration an employee's Private Attorneys General Act lawsuit against a power transformer manufacturer, saying the company failed to show sufficient evidence it wasn't technically the worker's employer.
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January 30, 2025
Grocery Chain Investor Sues Over Systems Upgrade Claims
Discount grocery operator Grocery Outlet Holding Corp. and two of its executives face a proposed investor class action alleging they failed to offer realistic forecasts for the company's internal systems upgrade process, hurting investors after they were forced to acknowledge systems transition issues had hurt profits.
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January 30, 2025
Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win
The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.
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January 30, 2025
2nd Circ. Sees No Skadden Conflict In Pharma Merger Work
The Second Circuit on Thursday declined to revive an investor suit alleging a merger between Sumitomo Pharma America Inc. and Myovant Sciences Ltd. was undervalued because the lawyers from Skadden Arps Slate Meagher & Flom LLP who helped negotiate the deal had undisclosed conflicts of interest.
Expert Analysis
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.