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Class Action
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November 15, 2024
Investor Drops Stock Pumping Suit Against UPS
One of several investors suing shipping and logistics giant UPS in recent months over a share price tumble caused by disappointing earnings numbers this summer said Thursday that he plans to drop his claims against the company.
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November 15, 2024
Plaintiffs Ask To Seal $8.5M Data Breach Deal With Gunster
Plaintiffs in a proposed data breach class action asked a Florida federal court Thursday to let them file under seal an $8.5 million settlement agreement to resolve accusations that Florida corporate law firm Gunster failed to safeguard the personal information of nearly 10,000 clients, employees and other individuals from cybercriminals.
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November 15, 2024
Attys Get 'Final Warning' In Tepezza Hearing Loss MDL
A magistrate judge has chastised attorneys on both sides of multidistrict litigation involving claims that a thyroid eye disease treatment manufactured by Horizon Pharmaceuticals Inc. causes hearing loss, calling for an end to their "improper" conduct during depositions.
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November 15, 2024
Mercer University Reaches Deal To End Data Breach Claims
A group of former Mercer University students and a professor asked a Georgia federal judge to preliminarily approve a settlement that would end a class action accusing the college of not protecting the personal information of more than 93,000 people from hackers during a 2023 data breach.
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November 15, 2024
Hospital Workers' 2nd Circ. Appeal May Wait For Deloitte Case
Workers for Montefiore Medical Center seeking to revive retirement plan mismanagement allegations may see a delayed ruling in their case until another Second Circuit panel rules on similar claims against Deloitte, a panel judge said Friday during proceedings.
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November 14, 2024
7th Circ. Unsure Of Meta's Bid To Arbitrate Deceptive Ads Suit
The Seventh Circuit seemed unsure Thursday whether it should allow Meta to steer a media company's ad deception antitrust claims away from court and into arbitration, saying the case seems to fall outside the agreement Meta is trying to enforce.
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November 14, 2024
Pinterest Investor Attys Get $2.5M More After Deal Monitoring
A California federal judge on Thursday awarded an additional $2.5 million in fees to attorneys who've been monitoring Pinterest's compliance with a deal that ended investors' claims the company fostered a culture of race and sex discrimination, ruling that he's "satisfied" with both parties' efforts in the wake of the settlement.
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November 14, 2024
Judge Vows Atty Fee Trims For Handling Of $90M Google Deal
A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers on Thursday blasted counsel representing smaller developer plaintiffs and the administration company handling the settlement, criticizing the administrator's work as "the worst performance I've seen" and vowing to trim the attorney fees "substantially."
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November 14, 2024
3M Earplug Attys Near OK Of Up To $540M MDL Payout
A Florida federal judge agreed Wednesday to hold back 9% — or up to $540 million — from 3M's landmark $6.01 billion deal for fees and costs in multidistrict litigation over allegedly faulty combat earplugs, agreeing with a finding that the request is fair given the "tremendous" work of 68 plaintiffs' firms.
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November 14, 2024
Kraft Mac & Cheese Artificial Ingredients Claims Survive
An Illinois federal judge said Wednesday that Kraft Heinz Co. can't escape a proposed class action alleging that its Kraft macaroni and cheese products, which are labeled as containing no artificial preservatives, actually do contain those artificial ingredients.
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November 14, 2024
'The World Has Changed': Google's $700M Deal Gets 2nd Look
The California federal judge considering Google's $700 million antitrust deal with states and consumers told plaintiffs' counsel Thursday to review the settlement terms to ensure that they comport with Google Play store changes he ordered in Epic Games' separate lawsuit, saying "the world has changed" since they struck the deal.
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November 14, 2024
Hasbro's Excess Toy Inventory Tanked Stock, Suit Says
Toy and entertainment company Hasbro Inc. has been hit with a proposed shareholder class action alleging it falsely portrayed high inventory levels as a protective measure against supply chain issues despite knowing its inventory far exceeded actual consumer demand.
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November 14, 2024
MDL Counsel Present Deal With FTX Estate To Fla. Court
Counsel for plaintiffs in the multidistrict litigation over the collapse of cryptocurrency trading platform FTX Trading Ltd. told a Florida federal judge Thursday that they have reached a deal with the FTX estate in bankruptcy.
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November 14, 2024
Judge Slams Gov't For Resisting LA Campus Housing Orders
A California federal judge has told the federal government that it can't "resist accountability," rejecting a bid to stay court-ordered construction of housing for military veterans on a Los Angeles campus.
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November 14, 2024
Capital One Must Face Savers' Suit Over 'High-Interest' Claims
A Virginia federal judge has slightly trimmed a consolidated litigation accusing Capital One NA of deceptively advertising its 360 Savings accounts as high-interest savings products and separately denied the bank its bid for a bench trial instead of a jury trial on the remaining claims.
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November 14, 2024
XL Fleet SPAC Suit Tentatively Settled For $4.75M In Del.
Investors in a December 2020 blank-check company merger that took hybrid-car retrofit venture XL Fleet public have preliminarily settled a four-count fiduciary duty breach suit in Delaware's Court of Chancery for $4.75 million.
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November 14, 2024
Emergency Medical Providers Oppose $2.8B BCBS Deal
A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.
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November 14, 2024
Takeda Rips Cert. Order's 'Whale Of Assumption' At 9th Circ.
Takeda Pharmaceutical urged the Ninth Circuit on Thursday to reverse a ruling certifying a class of third-party payors who allege Takeda and Eli Lilly & Co. hid their anti-diabetes drug's bladder-cancer risks, arguing the lower court erroneously made a "whale of an assumption" that 56.7% of prescriptions wouldn't have been written with disclosures.
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November 14, 2024
UPS Driver's Class Claims Can Stay In Court, Judge Says
UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.
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November 14, 2024
Boehringer Says Inhaler Antitrust Suit 'Fails On Its Face'
Boehringer Ingelheim Pharmaceuticals Inc. and Boehringer Ingelheim International GMBH have urged a Connecticut federal judge to dismiss a proposed class action brought by health funds accusing it of monopolizing the inhaler market with improper patent listings, arguing the suit fails to allege any competitors were actually hindered by those patents.
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November 14, 2024
Whole Foods Workers Seek Massive Class In 401(k) Fee Suit
Former Whole Foods employees have asked a Texas federal judge to turn their suit against the company into a class action, saying they'd like to represent nearly 100,000 current and former employees in litigation accusing the grocery chain of mismanaging its 401(k) plan.
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November 14, 2024
Robbins Geller Tapped To Lead Software Co. Investor Suit
A pair of pension funds represented by Robbins Geller Rudman & Dowd LLP has beaten out individual investors vying to lead a shareholder class action against MongoDB Inc. over the software company's growth projections.
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November 14, 2024
South Dakota Slams NCAA Over NIL Settlement 'Notice'
South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.
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November 14, 2024
Settlement Reached In Ga. Data Breach Class Action
The companies behind high-interest loan products TitleMax, TitleBucks and InstaLoan have reached a tentative settlement with customers who alleged the companies failed to protect their personal information, leading to a data breach that affected an estimated 4.8 million people.
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November 14, 2024
UPS Execs Swept Growth Issues Under Rug, Investor Says
UPS has been hit with a second lawsuit in as many months from an investor who says the company inflated its 2024 earning projections before rolling out disappointing numbers this summer that sent the company's value plummeting.
Expert Analysis
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.