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Class Action
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December 06, 2024
Ill. Judge Sends Hair Restoration Text Suit To Arbitration
An Illinois federal judge paused litigation against a hair restoration company accused of sending a website user unwanted text promotions and ordered the parties Friday to arbitrate their dispute, following a Seventh Circuit ruling that upheld an arbitration agreement with less to go off of.
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December 06, 2024
Google Must Face Trimmed BIPA Suit Over IBM Dataset
A California federal judge on Thursday permitted Illinois residents to proceed with a pared-down version of their proposed class action accusing Google of violating biometric privacy laws with facial data collected by IBM, ruling they've adequately alleged a violation of the Illinois Biometric Privacy Act.
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December 06, 2024
Rugby League, Fox Sports Move To End Meta Tracking Row
Fox Sports Australia and the National Rugby League are urging a California federal court to nix a proposed class action accusing them of disclosing viewers' personal data to Meta and other third parties without their knowledge or consent, saying the dispute belongs in Australia.
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December 06, 2024
Hospital Insists Colo. Justices Should Allow Lien Discovery
A Colorado hospital facing a class action alleging that it unlawfully filed liens against patients without first billing insurers told the state Supreme Court this week that a discovery order requiring a plaintiff to turn over information related to a car accident is directly relevant to whether class members actually suffered harm meriting a class action.
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December 06, 2024
Cedars-Sinai ERISA Class Cert. Bid Meets Skeptical Judge
A Los Angeles federal judge appeared wary Friday of certifying a 16,000-person class of current and former Cedars-Sinai Medical Center Inc. workers who subscribe to the hospital's retirement plan, expressing concerns that one of the proposed lead plaintiffs does not appear to understand the case.
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December 06, 2024
GEO Tells 9th Circ. Recent Ruling Backs It In Wage Fight
Private prison contractor The GEO Group Inc. told the Ninth Circuit on Friday that a recent ruling in the same court underscores its assertion that only the federal government can say whether a minimum wage must be paid to detained immigrants participating in a voluntary work program in Tacoma, Washington.
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December 06, 2024
High Court Bar's Future: Gupta Wessler's Jennifer Bennett
As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.
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December 06, 2024
Barclays Investors Get Initial OK For $19M Overissuance Deal
A New York federal judge Friday granted the first green light to a $19.5 million settlement for a class of investors who bought Barclays PLC securities and then claimed the banking giant misled them about its internal controls before selling more than $17.6 billion in securities over its maximum registered amount.
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December 06, 2024
Two Firms To Rep CVS Investors In Benefit Unit Losses Suit
Bernstein Litowitz Berger & Grossmann LLP and Bleichmar Fonti & Auld LLP will co-lead a proposed class of investors in consolidated litigation alleging CVS Health Corp. hurt investors as it announced its benefit unit's unanticipated losses.
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December 06, 2024
Wall Street Giants Can't Beat Stock Loan Class Cert. Bid
A New York federal judge on Friday overruled objections from a group of major banks to certify a class of investors, with a slightly extended class period, in a suit alleging the banks colluded to avoid modernizing the stock loan market.
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December 06, 2024
UPS Worker Can't Revive USERRA Retaliation Suit At 9th Circ.
The Ninth Circuit upheld the dismissal of a UPS worker's suit claiming the delivery company stalled his efforts to get back to work after an injury because he sued the business alleging discrimination against service members, finding on Friday that company policy drove the delay.
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December 06, 2024
$29.75M Deal Proposed To End Del. Latch Inc. SPAC Suit
Attorneys for investors who bought into Latch Inc.'s Tishman Speyer-led, $1.5 billion take-public deal only to see their shares nosedive have tentatively settled consolidated class damage claims for $29.75 million, according to a Delaware Court of Chancery filing.
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December 06, 2024
NC Hospital Gets Initial OK For $1.1M Data Breach Deal
A North Carolina Business Court judge has given his initial seal of approval to a $1.1 million settlement agreement in a data breach class action against Columbus Regional Healthcare System.
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December 06, 2024
OpenAI Unveils Plans To Ask JPML To Centralize IP Suits
OpenAI Inc. informed New York and California federal courts this week it plans to ask the Judicial Panel on Multidistrict Litigation to centralize eight copyright infringement and Digital Millennium Copyright Act lawsuits — including a proposed class action — brought by content creators and publishers.
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December 06, 2024
Tech Firm Says Unpaid Expenses Suit Belongs In Arbitration
A customer experience technology company urged a Colorado federal court Friday to throw out a lawsuit from a remote worker who said the company required her to purchase high-speed internet and a computer but didn't reimburse her for these costs, saying the former employee signed a valid arbitration agreement.
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December 06, 2024
Nelson Mullins Latest Firm To Add Gov't Investigations Talent
Nelson Mullins Riley & Scarborough LLP is the latest firm in the nation's capital to add expertise in government and internal investigations, as congressional inquiries and related investigative practices see continued interest following the reelection of former President Donald Trump.
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December 06, 2024
Evenflo Nears Settlement In Booster Seat MDL
Baby product maker Evenflo said Friday that it has reached an agreement in principle to settle multidistrict litigation alleging it made deceptive statements about the safety of its Big Kid booster seats.
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December 06, 2024
4 Big Developments In ERISA Cases From 2nd Half Of 2024
The Sixth Circuit reopened a retirement plan mismanagement suit against Parker-Hannifin Corp. and revived a manufacturing company worker's disability benefits bid, while the nation's highest court declined to review a plan trustee's unsuccessful attempt to force an employee stock sale dispute into arbitration. Here, Law360 looks at four recent decisions in Employee Retirement Income Security Act cases that benefits attorneys should know.
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December 06, 2024
Philips Medical Monitoring Deal, $4.8M Fees Get Final OK
A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.
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December 05, 2024
Dunkin' Fruit-Named Drinks Have No Fruit, False Ad Suit Says
Dunkin' falsely markets its "Refresher" line of caffeinated beverages with names of specific fruits despite not containing any of the fruits, cheating consumers out of the "premium" fruit ingredients and their health benefits, alleges a new proposed false advertising class action filed Wednesday in New York federal court.
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December 05, 2024
9th Circ. Open To Reviving Snap Stock Suit Over Privacy Tools
A Ninth Circuit panel appeared open Thursday to reviving a proposed securities class action alleging Snap downplayed the impact Apple's privacy changes would have on ad revenues, causing the stock to eventually plunge, with two judges noting they must infer the allegations in the investors' favor at the pleading stage.
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December 05, 2024
Ally Visa Seekers Say Feds Are Trying To Add Delay To Delay
A certified class of Afghans and Iraqis who aided U.S. troops and are waiting for the government to process their already unreasonably delayed special immigrant visas told a D.C. federal judge on Wednesday the government shouldn't be able to add even more time to the plan to deliver their visas.
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December 05, 2024
Software Co. Five9 Sued After Surprise Guidance Slash
Cloud-based customer contact center Five9 Inc. and two of its executives face claims they misrepresented that the company was on track for healthy revenue growth, only to hurt investors by reversing course nine weeks later when they slashed Five9's financial guidance for the year.
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December 05, 2024
SolarEdge's CEO, CFO Can't Escape Securities Lawsuit
A New York federal judge ruled Wednesday that a proposed securities class action accusing SolarEdge Technologies Inc. of misrepresenting the demand for its solar energy products in Europe will go on against two of the company's top executives, saying investors adequately pled the executives knowingly misrepresented distributors' inventory levels.
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December 05, 2024
Apple Beats ICloud Storage Consumer Claims At 9th Circ.
The Ninth Circuit was unconvinced Wednesday that Apple Inc. traps computer users into paying for additional iCloud storage upon reaching a 5-gigabyte backup limit, declining to revive a putative consumer class action against the technology giant.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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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.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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2 Cases Show DAOs May Face Increasing Legal Scrutiny
Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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2nd Circ. AmTrust Decision Shows Audit Reports Still Matter
Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.