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Class Action
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January 09, 2025
Amazon Can't Cancel Audible Auto-Enrollment Suit
A Washington federal judge declined to toss a California consumer's proposed class action over Amazon's Audible auto-enrollment practices on Wednesday, emphasizing the plaintiff has now specified she never received any emails outlining the terms of the subscription she was allegedly registered for after redeeming a promotional offer.
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January 09, 2025
Susman Godfrey Vies To Help Lead Crypto DAO Suit
Susman Godfrey LLP has asked a federal judge in California to allow it to serve as co-lead counsel in an investor lawsuit against decentralized autonomous organization Lido DAO and its large institutional investors over allegedly unregistered securities sold in the form of crypto tokens.
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January 09, 2025
Airlines Say 9th Circ. Should Mull Seattle Airport Pollution Suit
Delta Air Lines and Alaska Airlines have told a Washington federal court that the Ninth Circuit should immediately consider the jurisdictional and preemption issues raised in a proposed class action from property owners and residents over alleged flight-path pollution near Seattle-Tacoma International Airport.
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January 09, 2025
Credit Card Case Should Have Been Remanded, 7th Circ. Says
An Illinois district court faced with competing motions to remove a credit card receipt dispute from its docket should have returned the suit to state court rather than grant the Army and Airforce Exchange Service's bid to dismiss it, the Seventh Circuit said Wednesday.
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January 09, 2025
Guards, ICE Detention Contractor Wage Deal Approved
A detention officer's suit accusing the operator of a U.S. Immigration and Customs Enforcement detention center of unpaid preshift work will come to an end after a Texas federal judge signed off Thursday on a sealed settlement.
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January 09, 2025
Highgate Hotels Hit With Suit Over Months-Long Data Breach
A former employee seeking to represent a class claimed in New York federal court that real estate and hospitality management company Highgate Hotels failed to use basic cyberattack prevention tools, allowing hackers to access employee records for months.
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January 09, 2025
VITAS Must Face Wiretap Suit Over Customer Service Calls
A California federal judge declined to toss a putative class action alleging VITAS Healthcare violated wiretapping laws by helping a third-party software developer eavesdrop on calls with VITAS' customers, noting Wednesday the third party was capable of using the data derived from the calls for its own purposes.
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January 09, 2025
Fired Exec's Suit Paused As 4th Circ. Mulls Arbitration Denial
A Virginia federal judge paused a former gas company executive's lawsuit alleging breach of contract and wrongful termination while the Fourth Circuit decides whether to hear the company's midsuit appeal.
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January 09, 2025
Musk Could Dodge Some Claims In X Severance Suit
Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.
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January 08, 2025
Consumers Get Class Cert. In Suit Over Law Firm's Robocalls
A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.
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January 08, 2025
Fiat Chrysler Hit With Jeep Hood Fire Defect Class Action
Automaker FCA US LLC, part of Stellantis NV, on Tuesday was hit with a proposed class action in Michigan federal court over allegations that certain Jeep vehicles made between 2021 and 2023 were prone to catching on fire, causing serious, even "catastrophic" damages.
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January 08, 2025
Meta, Microsoft, Google Seek To Toss DNA Data-Sharing Suit
DNA-testing platform Nebula Genomics, Meta Platforms, Microsoft and Google urged a Chicago federal judge to toss a putative class action accusing the companies of surreptitiously misusing customers' genetic data through tracking software on Nebula's website, arguing that the complaint lacks specifics tying the defendants to alleged wrongdoing.
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January 08, 2025
JPMorgan Gets Early Win In Ex-Worker's Benefits Freeze Suit
A New York federal judge handed JPMorgan an early win Wednesday in an ex-worker's suit alleging the bank failed to properly disclose changes to an employee pension plan, finding the dispute was barred by a claim release the plaintiff signed in exchange for severance.
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January 08, 2025
Colo. Judge Certifies National Class Of Senior Care Investors
A Colorado federal judge on Wednesday certified a nationwide class of stockholders in a securities suit alleging a senior health care company made misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
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January 08, 2025
Pension Plan Official's Estate Excused From Danish Tax Suit
A New York federal court approved Wednesday an agreement for Denmark's tax authority to settle its claims against the estate of a pension plan official whose plan allegedly defrauded the agency out of $9 million.
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January 08, 2025
Musk Appeals $56B Pay Package Rejection To Del. High Court
Tesla Inc. CEO Elon Musk and other top Tesla executives officially appealed to the Delaware Supreme Court on Wednesday a series of chancellor rulings that scuttled Musk's $56 billion, 10-year pay package and awarded a shareholder's counsel $345 million in fees in the yearslong derivative dispute.
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January 08, 2025
Shareholder Atty Urges Del. Justices To Revive Skechers Suit
An attorney for a shareholder of footwear maker Skechers Inc. told Delaware's Supreme Court on Wednesday that the Court of Chancery had ample reason to keep alive his suit alleging failure to control insider use of corporate aircraft for personal travel that the court dismissed instead.
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January 08, 2025
DraftKings Betting Promos 'Deceptive,' 3 Class Actions Claim
DraftKings lures in customers for its sportsbook, casino and online gambling with misleading and deceptive offers that target young sports fans and turn them into gambling addicts, a trio of proposed class actions claim.
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January 08, 2025
Uber Rider's Discrimination Suit Sent To Arbitration
A blind Uber customer must arbitrate claims that the drivers on the ride-sharing platform discriminate against visually impaired riders who use service animals, a D.C. federal judge has ruled.
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January 08, 2025
Audi Electric SUVs Are 'Ticking Time Bombs,' Suit Claims
Audi of America LLC and Volkswagen Group of America Inc. were hit with a proposed class action in Georgia federal court alleging certain Audi electric SUVs are "ticking time bombs" that can lose power, short-circuit and catch fire.
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January 08, 2025
Rivers Casino Hit With Pa. Suit Over Data Breach
The owner of Rivers Casino in Philadelphia has been accused of not doing enough to safeguard customers' personal information, which was exposed during a data breach incident last year, according to a new class action filed Wednesday in federal court.
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January 08, 2025
Meta Slams 'Alarming' AI Discovery Demands In IP Fight
A proposed class of authors urged a California magistrate judge Wednesday to order Meta to produce certain datasets used to fine-tune its artificial-intelligence product Llama in their high-stakes copyright fight, while Meta's counsel slammed the discovery demands for being belated, speculative and placing an "alarming level of burden" on Meta.
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January 08, 2025
Google Still Has To Face Users' Mobile App Privacy Suit
Google is facing the prospect of another trial, this time over allegations it secretly tracked millions of Google app users' browsing and ad interactions, after a California federal judge rejected the tech giant's bid for summary judgment.
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January 08, 2025
BOK Financial Didn't Pay For Missed Breaks, Court Told
BOK Financial violated Colorado law by failing to provide employees with rest breaks or pay them accordingly when they were unable to take them, a bank worker said in a proposed class action in state court.
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January 08, 2025
2nd Circ. Backs NYC Hospital In Retirement Plan Fee Suit
The Second Circuit refused Wednesday to reopen a proposed class action claiming Montefiore Medical Center allowed its employee retirement plan to be saddled with excessive recordkeeping fees, saying the workers leading the suit failed to show the plan paid too much for the services it received.
Expert Analysis
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Parsing Controversial Del. General Corporation Law Proposals
In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.