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Class Action
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February 12, 2025
Poultry Producers Can't Dodge Bid-Rigging Claims In MDL
An Illinois federal judge trimmed on Tuesday some conspiracy claims from a massive antitrust case against chicken producers, including Pilgrim's Pride and over a dozen others, but kept intact other bid-rigging allegations, finding that a class of restaurants and other direct buyers plausibly alleged the companies increased prices in parallel.
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February 12, 2025
Gore-Tex Maker Accused Of Greenwashing Waterproof Fabric
W.L. Gore & Associates has been slapped with a proposed class action in Washington federal court accusing it of embarking on a "greenwashing" campaign by touting its Gore-Tex waterproof fabric as being environmentally sound, while concealing from customers it uses forever chemicals in manufacturing the material.
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February 12, 2025
OPM Violated Employees' Privacy Rights, Unions Say
The U.S. Office of Personnel Management violated federal privacy laws when it gave Elon Musk's recently established Department of Government Efficiency access to its employment records, unions representing federal employees and administrative law judges said in a lawsuit filed in New York federal court.
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February 12, 2025
Google Must Face Wiretapping Suit Over AI-Powered Assistant
A California federal judge has refused to toss a proposed class action accusing Google of using a "human-like" customer-service product powered by artificial intelligence to illegally eavesdrop on users' calls with Hulu, Verizon and others, finding the consumers adequately allege Google is a third party that can benefit from the data.
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February 12, 2025
Meta Advertising Antitrust Suit Gets Nov. 17 Trial Date
A California federal judge has set a Nov. 17 trial date for accusations that Meta monopolized the social media advertising market weeks after he declined to certify a class of Facebook users that would have numbered in the millions.
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February 12, 2025
Tobacco Fee Couldn't Have Injured Worker, Campbell's Says
The Campbell's Co. urged a New Jersey federal court to toss a suit from a former worker alleging the company's tobacco-free wellness program is violating federal benefits law by making workers who use tobacco pay more for health insurance, arguing the ex-employee can't bring his claims because he never enrolled in the program.
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February 12, 2025
$180M Deals In Poultry Process Wage-Fixing Row Get First OK
A Maryland federal judge gave her blessing to several settlements totaling approximately $180 million in a suit accusing a slew of poultry companies of conspiring to keep wages low at their plants, greenlighting what the workers called "a historic recovery."
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February 12, 2025
Starbucks Accused Of Flouting Mass. Polygraph Hiring Law
Starbucks is ignoring a Massachusetts law requiring employers to inform job-seekers that the state doesn't allow the use of lie detector tests in employment decisions, according to a putative class action filed in state court.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
Zillow Hit With Proposed Class Suit Over StreetEasy Fees
Zillow was slapped with a proposed class action in Seattle federal court Tuesday by New York real estate firm that claims the company charges daily fees for listings properties on its StreetEasy platform, even after a listing real estate agent's name is obscured by a new agent.
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February 11, 2025
Kratom Producers Hid 'Addictive' Risks, Consumers Say
Companies that make kratom are facing a proposed class action in New York federal court over sales of kratom, standing accused of not disclosing that the substance is just as addictive as opioids.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
Fitness Co.'s Brass Faces Derivative Suit Over Franchise Woes
Officers and directors of Pure Barre's parent company Xponential Fitness face shareholder derivative claims following the company's disclosure of a federal criminal investigation, regulatory scrutiny and investor ire over the alleged manipulation and harassment of its "financially crushed" franchisees.
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February 11, 2025
Kids Can't Save Reworked EPA Climate Suit, Judge Rules
A California federal judge on Tuesday threw out, for good, children's amended allegations that the U.S. Environmental Protection Agency's climate policies violate their constitutional rights, ruling that they haven't shown that the alleged harms they've suffered in the midst of climate change can be traced to the policies.
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February 11, 2025
Progressive Inks $3.25M Data Breach Deal With 350K Members
Approximately 350,000 Progressive Casualty Insurance customers on Tuesday asked an Ohio federal judge to grant final approval to a $3.25 million settlement stemming from a data breach event that exposed their personal information, noting the resolution is a favorable outcome, given the risks to their claims if litigation continued.
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February 11, 2025
Monsanto Loses Attempt To Overturn $1.25M Roundup Award
A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.
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February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products
Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
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February 11, 2025
9th Circ. Doubts X Plaintiff Can Revive Phone Data Suit
A Ninth Circuit panel on Tuesday questioned whether a lawsuit targeting social platform X could be revived and remanded to state court, with one judge suggesting circuit precedent established a privacy right that keeps the case in federal court, and another saying the lower court had "broad discretion" in deciding to dismiss the case.
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February 11, 2025
Ex-Employee Sues Fla. News Database Co. Over Data Breach
An Oklahoma resident has brought a proposed federal class action over a data breach against a Florida-based news database company, alleging that she was an employee and that her former employer didn't do enough to adequately protect her personal information from being stolen.
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February 11, 2025
MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP
A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.
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February 11, 2025
Labaton Keller Appointed Lead In Healthcare Co. IPO Suit
A New York federal judge on Tuesday appointed Labaton Keller Sucharow LLP as lead counsel in a securities class action accusing nursing-care provider PACS Group Inc. of misleading investors about false Medicare claims and regulatory investigations tied to its initial public offering.
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February 11, 2025
Factual Dispute Keeps Walmart BIPA Suit In Court, For Now
An Illinois jury will determine whether a driver for Walmart's grocery delivery platform Spark signed an arbitration agreement during his onboarding before a federal judge can decide whether his underlying biometric privacy claims should be redirected away from court, the judge said Tuesday.
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February 11, 2025
Eaton Fire Victim Wants Sanctions Against SoCal Edison
A victim of the recent devastating Eaton Fire in Altadena has told a California state judge that Southern California Edison and its attorneys should face sanctions for allegedly concealing efforts to reenergize electrical transmission lines while the blaze was still burning last month.
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February 11, 2025
Research Org Faces Investor Suit Over Customer Cost-Cutting
Clinical research organization Icon PLC has been hit with a proposed shareholder class action in New York federal court, alleging it misled investors about a slowdown in demand the company experienced due to customers implementing drastic cost-reduction measures that involved research and development expenditures.
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February 11, 2025
Fla. Judge OKs $7M Deal In Health Data Breach Class Action
A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.
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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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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How Cos. Can Use Data Clean Rooms To Address Privacy
Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.