Class Action

  • January 16, 2025

    Henry Ford Patient Drops Data-Scraping Claims

    Henry Ford Health has resolved a proposed class action accusing the health system of sharing patients' data with Meta Platforms Inc. and Google Inc. via tracking software embedded in the hospital system's websites, including its patient portal.

  • January 15, 2025

    Novartis Wins Temporary Stay Of MSN's Generic Heart Drug

    The D.C. Circuit late Wednesday temporarily halted the U.S. Food and Drug Administration's approval of MSN Pharmaceuticals' generic version of Novartis' blockbuster heart failure drug Entresto, just after federal judges in D.C. and Delaware declined to block the launch of MSN's product.

  • January 15, 2025

    Microsoft Accused Of Stealing Online Marketer Commissions

    An affiliate marketing company whose software aims to help online shoppers support or avoid certain businesses hauled Microsoft into Washington federal court on Tuesday, alleging in a proposed class action that the technology giant steals referral fees and sales commissions by replacing online marketers' affiliate marketing cookies with its own.

  • January 15, 2025

    GE Investors' $362.5M Settlement Gets Initial Greenlight

    Investors in manufacturing giant General Electric Co. have gotten an initial nod for their proposed $362.5 million eve-of-trial deal to end long-running claims that the company fraudulently concealed cash flow problems, allegedly resulting in plummeting shares after its fiscal woes were disclosed.

  • January 15, 2025

    Quest Diagnostics Gets Meta Data-Share Suit Tossed For Now

    Quest Diagnostics got allegations that it unlawfully shared patient data with Meta Platforms through ad tracking software dismissed Tuesday, after persuading a New Jersey federal judge to reconsider his earlier ruling that allowed an eavesdropping claim under California's Invasion of Privacy Act to go forward.

  • January 15, 2025

    Abbott's Toddler Nutrition Drinks Aren't Healthy, Parents Claim

    A trio of parents filed a proposed false advertising class action in Illinois federal court Tuesday alleging Abbott Laboratories touts its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, even though the products contain added sugar which is harmful to health.

  • January 15, 2025

    9th Circ. Eyes Undoing Trans Patients' Win In ACA Bias Suit

    The Ninth Circuit seemed inclined Wednesday to strike down a trial court win for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, with two judges questioning why those employers weren't part of the case. 

  • January 15, 2025

    Symetra Life Policyholders Seek $32.5M Settlement Approval

    A proposed class of Symetra policyholders asked a Washington federal court to preliminarily approve a $32.5 million deal to resolve a suit alleging that the insurer overcharged them for life insurance, saying the 11-state settlement would cover the owners of 43,000 policies.

  • January 15, 2025

    Tenants Want Yardi Rent-Fixing Suits Combined

    Renters have urged a federal court in Washington state to consolidate two other cases with their proposed class action, which claims that multifamily building owners schemed to use a real estate management software company's product to inflate rental prices.

  • January 15, 2025

    Oil Biz Must Face Action Alleging It Dodged Well Cleanup

    Oil and gas company HRM Resources cannot escape a lawsuit from Colorado landowners alleging the business transferred 200 oil and gas wells to a smaller oil company, which soon after declared bankruptcy, in order to shift cleanup obligations to the state, after a Colorado federal judge found the plaintiffs alleged they were injured by the scheme.

  • January 15, 2025

    Pa.-Based Friendly's Franchisees Freed From Wage Theft Suit

    A New Jersey federal court dismissed Pennsylvania-based Friendly's franchise restaurants from a former server's proposed class action accusing several franchises of failing to pay tipped workers a minimum wage for the nontipped work they performed, but determined the worker showed she was harmed by the practices she alleges.

  • January 15, 2025

    Duke Settles Retiree's Mortality Data Suit At 4th Circ.

    Duke University told the Fourth Circuit it has agreed to settle a retiree's proposed class action claiming the school used outdated mortality data to calculate retirement benefits and underpaid former employees by millions of dollars, ending the university's attempt to send the case to arbitration.

  • January 15, 2025

    Fla. Credit Union Sued Over DACA Loan Denial

    A Deferred Action for Childhood Arrivals recipient living in Florida has filed a proposed class action against Florida Credit Union, alleging he was denied membership to the union and an auto loan because of his immigration status.

  • January 15, 2025

    9th Circ. Open To Reviving Robinhood Suit Over $2.1B IPO

    Judges on a Ninth Circuit panel appeared open Wednesday to reviving a proposed securities class action alleging Robinhood hid how a "meme stock" and cryptocurrency trading frenzy had impacted its outlook ahead of its $2.1 billion initial public offering, saying the lower court may have applied the wrong standard in tossing the case.

  • January 15, 2025

    Delta Passengers Press To Keep IT Outage Suit Alive

    A group of Delta customers suing the airline over its response to last year's global tech outage that grounded thousands of flights urged a Georgia federal judge Tuesday to keep their claims alive, arguing federal law doesn't permit the company's "shirking contractual obligations to which it had previously agreed."

  • January 15, 2025

    Fubo Subscriber Sues Disney For Alleged Antitrust Practices

    A Fubo subscriber has filed an antitrust lawsuit in New York federal court alleging the Walt Disney Co.'s ownership of ESPN allows it to dominate the broadcasting licenses for professional sports, enabling Disney to monopolize and inflate prices within the paid, live-streaming television market.

  • January 15, 2025

    Booz Allen Must Pay For Harm Of Tax Info Leaks, Court Told

    A proposed class action in Maryland federal court blames IRS contractor Booz Allen Hamilton over the thousands of tax returns that were stolen by an employee who took financial information about President-elect Donald Trump and others while on the job and leaked it to the media.

  • January 15, 2025

    Banks Must Face Pension Funds' Mexican Bond-Rigging Suit

    A Manhattan federal judge refused Wednesday to throw out a case brought by U.S. pension funds that accused a group of banks of conspiring to rig Mexican government bond prices, saying chatroom transcripts between traders showed evidence of collusion.

  • January 15, 2025

    Atrium Health Accused Of Giving Patient Data To Google

    Atrium Health installed trackers in its mobile app and website to collect patients' data without their consent and then shared that personal information with Google and Facebook for targeted advertising, according to a proposed class action in North Carolina Business Court.

  • January 15, 2025

    Justices Say Nixing Federal Claims Ends Federal Jurisdiction

    The U.S. Supreme Court on Wednesday said a proposed class action over alleged mislabeling of prescription dog food was appropriately sent back to state court, holding that once the plaintiff dropped her federal claims, the federal courts no longer had jurisdiction.

  • January 14, 2025

    Wells Fargo Fights To Drop Officers From Investors' Bias Suit

    Wells Fargo & Co. urged a California federal judge Tuesday to free three executives from a derivative lawsuit filed by shareholders claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices, saying there are no allegations that explain why a presuit demand to the board would have been futile.

  • January 14, 2025

    Google, YouTube Can't Escape Suit Over Kids' Data Collection

    A California federal judge has refused to release Google and YouTube from a proposed class action accusing them of illegally collecting children's data to generate targeted advertising, while cutting Cartoon Network, DreamWorks, Hasbro Studios and several other owners of popular kid-friendly YouTube channels from the long-running dispute. 

  • January 14, 2025

    ACT Mouthwash Label Poses Risk For Kids, Parents Claim

    Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.

  • January 14, 2025

    BofA Says Military Interest Law, Not Bank, To Blame In Suit

    Bank of America has hit back at a class action suit accusing the financial giant of violating an interest cap law for military service members, arguing that the suit fails to allege any actual violations of the law and that Congress considered and decided against the interest rate requirement that the plaintiffs seek to impose.

  • January 14, 2025

    Fla. Panel Told Law Precludes Damages For Smoker's Heir

    Two tobacco companies told a Florida state appellate panel Tuesday that a surviving daughter of a deceased smoker can't collect millions of dollars in a wrongful death case, arguing that the law precludes her from collecting damages because her father died before the case had been redecided on appeal.

Expert Analysis

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • A Simple Proposal For Improving E-Discovery In MDLs

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    Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • 50 Years Later, ERISA Remains A Work In Progress

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    A look at the 50 years since the Employee Retirement Income Security Act’s passage shows that while the law safeguards benefits through vesting rules, fiduciary responsibilities and anti-discrimination provisions, the act falls short in three key areas, says Carol Buckmann at Cohen & Buckmann.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • 7th Circ. Exclusion Ruling Will Narrow BIPA Coverage

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    The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Dapper Settlement Offers Rules Of The Road For NFT Issuers

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    The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

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