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Class Action
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January 06, 2025
Ohio State, NCAA, Big Ten Look To Sack Ex-QB's NIL Suit
Ohio State University, the NCAA, The Big Ten Conference Inc. and a media rights licensing company urged an Ohio federal judge to toss a proposed class action brought by former Buckeye star quarterback Terrelle Pryor alleging they engaged in an anticompetitive conspiracy to monopolize profits on athletes' names, images and likenesses.
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January 06, 2025
Girard Sharp Launches Into New Year With New Leadership
San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.
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January 03, 2025
Semiconductor Co. Beats 2nd Suit Over Failed $8B Merger
Semiconductor company MaxLinear Inc. has beaten another suit over its failed $8 billion merger plans with a Taiwan-based company after a California federal jurist found that the investment funds that brought the action didn't have standing to sue since they were investors in the acquisition target, not MaxLinear.
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January 03, 2025
Panera Stiffed Catering Staff Out Of OT Pay, PAGA Suit Says
Panera cheated some employees out of overtime wages and reimbursement for the use of their cars and cellphones working with catering clients, and also manipulated records to inaccurately log break times in violation of California labor laws, according to a representative action lodged Thursday in California state court.
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January 03, 2025
RTX's $34M No-Poach Deal Gets First Nod From Conn. Judge
A Connecticut federal judge on Friday gave an initial approval to a $34 million class action settlement by RTX Corp. to end claims that the company's Pratt & Whitney division cooked up an agreement among contractors not to hire one another's aerospace engineers.
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January 03, 2025
Inside Arnold & Porter's Win In Prison 'Rape Club' Case
Aided by attorneys from Arnold & Porter Kaye Scholer LLP, a group of women incarcerated at a California federal prison recently reached settlements with the Bureau of Prisons, including a consent decree and the agency’s largest-ever monetary settlement, to resolve claims of systemic sexual abuse at the notorious facility.
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January 03, 2025
Apple Affiliate Operators Accused Of Evading Wage Judgment
The operators of an Apple-affiliated repair company are shirking their duties to pay a nearly $840,000 judgment to workers who secured a jury trial win in their wage and hour lawsuit and have threatened to claw back any money workers receive, a filing in North Carolina federal court said.
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January 03, 2025
Meta Wants Advertising Monopoly Suit Nixed
Meta said that a group of advertisers accusing the company of monopolizing the social media advertising market have nothing more than its profits to point to in their damages bid, writing in a new summary judgment motion that extensive discovery has only shown how baseless the suit is.
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January 03, 2025
Budtender Says Tip Pool Suit Can Dodge Arbitration
A budtender accusing a cannabis company of mishandling tips told a Michigan federal court that the arbitration clause in his employment agreement lacks mutuality and doesn't cover his claims, arguing that his case should stay in court.
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January 03, 2025
Honeygrow Accused Of Taxing Bottled Water At Pa. Location
Philadelphia-based restaurant chain Honeygrow unjustly profited from charging 6% sales tax for bottled water at one of its locations in violation of Pennsylvania law, a new class action lawsuit filed in state court alleged.
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January 03, 2025
Food Delivery App Inks $80M Deal To End SPAC Merger Suit
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have asked a New York federal judge to preliminarily approve an $80 million deal to settle claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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January 03, 2025
Ohio Panel Backs Class Cert. In Farmers Total Loss Suit
An Ohio trial court properly granted class certification over a man's claims that a Farmers Insurance unit failed to pay Ohio insureds state and local sales tax for vehicles insured under their auto policies, a state appeals court ruled while limiting the class only to insureds who suffered a total loss.
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January 03, 2025
Bank's Refund Doesn't End Proposed Class Action Over Fees
A bank's "apparent attempt" to "pick off" a plaintiff in a proposed class action by refunding overdraft fees that are the basis for the complaint "will not be permitted," a Massachusetts judge said in denying the bank's bid to dismiss the case.
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January 03, 2025
$15M Flea Collar MDL Deal Scores Swift Approval By Ill. Judge
An Illinois federal judge gave his final blessing on Friday to a $15 million settlement in multidistrict litigation targeting adverse side effects that Bayer and other companies behind certain flea and tick collars allegedly failed to warn about.
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January 03, 2025
Laborers Benefit Funds Get OK For $4.7M Class Settlement
A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.
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January 03, 2025
Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work
An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.
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January 03, 2025
Snell & Wilmer Taps Litigator As 1st Female Tucson Head
Snell & Wilmer LLP announced that it has named a commercial litigator as its first female managing partner of its Tucson, Arizona, office.
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January 03, 2025
Delivery Drivers Win Class Status In Misclassification Suit
An Illinois federal judge greenlighted a 130-member class of truck delivery drivers who accuse a logistics company of misclassifying them as independent contractors, saying the workers are sufficiently similar even if some of them hired helpers.
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January 02, 2025
DC Kept Disabled People In Restrictive Care Too Long: Ruling
After 15 years of litigation, a D.C. federal judge ruled this week that the District of Columbia has been violating a federal law that prohibits the segregation of people with disabilities by refusing to remove people from Medicaid-funded nursing homes into less restrictive forms of care.
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January 02, 2025
Edwards Brass Face Investor Suit Over Heart Valve Sales
The executives and directors of medical device maker Edwards Lifesciences have been hit with a shareholder derivative suit in California federal court alleging the company understated how industry trends and macroeconomic factors would impact the success of its mainstay device.
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January 02, 2025
Samsung Sued Over Alleged PFAS In Galaxy Watch Wristbands
Samsung has been putting "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, according to a proposed class action filed in California federal court by a Los Angeles resident who cites a newly published scientific study.
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January 02, 2025
Stanley Cup Maker Sued Over Alleged Lid Hazard
The Seattle-based maker of the trending Stanley-brand tumbler has been hit with a proposed class action in Washington federal court by a New York consumer accusing the manufacturer of failing to adequately compensate customers for a lid defect that led to the recall of 2.6 million travel mugs.
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January 02, 2025
Tesla Investors Appeal Chancery Rulings In Musk Pay Suit
Three Florida-based Tesla Inc. stockholders have moved ahead with Delaware Supreme Court appeals aimed at Court of Chancery decisions that short-circuited the electric car company's 10-year, $56 billion compensation plan for Elon Musk and granted a $345 million cash award for class attorneys who won the decision.
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January 02, 2025
Southern Comfort Malt Liquor Buyers Score False Ad Cert.
A New York federal judge certified a class of Southern Comfort customers alleging Sazerac Co. deceptively labeled its malt beverage products, but declined to allow one plaintiff to serve as class representative, finding Thursday he lied in interrogatory answers and "appeared not to know the basic premise of the case."
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January 02, 2025
1st Private Co. Joins Insulin Price-Fixing MDL
A Florida-based car dealer is the first private company to join a multidistrict litigation accusing Novo Nordisk, Eli Lilly and Sanofi-Aventis of fixing the prices of insulin and other drugs to treat diabetes.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.