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Class Action
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January 16, 2025
9th Circ. Affirms $23.2M Judgment In ICE Detainee Wage Trial
A split Ninth Circuit panel on Thursday upheld a $23.2 million district court judgment in favor of a class of U.S. Immigration and Customs Enforcement detainees and Washington state, ruling that the GEO Group isn't immune from paying the detainees the state minimum wage for their involvement in a work program.
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January 16, 2025
Amazon BIPA Suit Over Alleged NBA 2K Face Scans Settled
A gamer said Wednesday he reached a settlement with Amazon to end a proposed class action accusing the tech giant's web services provider of collecting facial scans of teens playing the popular NBA 2K video game without their knowledge or consent, according to a notice filed in Washington federal court.
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January 16, 2025
Swedish Match Wants 'Copycat' Sham Patent Suit Nixed
Swedish Match urged a Virginia federal judge to toss a proposed class action it said largely parrots a since-settled antitrust suit from which consumers can draw no basis for claims the tobacco company used litigation to drive a nicotine pouch rival out of the market.
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January 16, 2025
Deal Ends Suit Over Deportation Of US Citizens' Spouses
A federal judge signed off Thursday on a settlement in a long-running class action brought by New England-based immigrants and their U.S. citizen spouses, ending a suit that challenged the first Trump Administration's policy of separating families pursuing legal status for a spouse at risk of deportation.
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January 16, 2025
Yodlee Cannot Escape Consumers' Privacy Invasion Claims
A California federal judge has ruled financial data aggregator Yodlee must face some customers' allegations that it unlawfully collected user data, saying the remaining plaintiffs have plausibly established their invasion of privacy claims.
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January 16, 2025
Spirit Aero Hit With Chancery Suit Over $8.3B Boeing Merger
A Spirit Aerosystems stockholder has launched a proposed class suit in the Delaware Chancery Court challenging the company's $8.3 billion all-stock acquisition by its largest customer, Boeing, announced in July 2024, citing disclosure failures and other concerns.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Amazon Shoppers' 'Buy Box' Suit Tossed For Good
A Washington federal judge has rejected two consumers' attempt to rectify their proposed class action against Amazon, concluding the plaintiffs cannot show a reasonable customer would be duped into believing the "Buy Box" on the marketplace website shows the lowest priced offer for any item.
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January 16, 2025
HP's $4M 'Strike-Through' Prices Deal Nears Initial OK
A California federal judge indicated Thursday he's open to preliminarily approving HP's $4 million deal to resolve a proposed class action alleging the company misled consumers with fictitious "strike-through" prices of products sold online, but expressed skepticism about a provision that barred consumers from litigating while the deal is pending approval.
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January 16, 2025
Chamber Slams Opioid Judge's PBM Audit Privilege Ruling
The Sixth Circuit must step in to prevent a pharmacy benefit manager from being forced to turn over internal compliance audit documents, the U.S. Chamber of Commerce has said, arguing a lower court's decision threatens to undermine the existence of in-house counsel's attorney-client privilege.
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January 16, 2025
Trinity Health, ER Nurses Seek OK For $450K Meal Break Deal
Nurses and technicians in the emergency departments at three Trinity Health-Michigan locations and the hospital sought approval Wednesday for a $450,000 deal to end claims that the workers weren't paid for work performed during meal breaks.
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January 16, 2025
NYC Hospital Contractor To Pay $1.8M To End Wage Suit
A facilities management company that contracts with a New York City medical center will pay $1.8 million to resolve a class action accusing it of shorting its cleaning employees on overtime wages, a filing in New York federal court said.
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January 16, 2025
Pa. Energy Co. Strikes Deal To End 401(k) Class Action
A Pennsylvania-based electricity and natural gas company agreed to settle a class action alleging it loaded its employee retirement plan with costly underperforming investment options, staving off a trial slated to begin this month.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Classwide Calculations May Get Price Premium Damages Wrong
In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Parsing NJ Court's Rationale For Denying Lipitor Class Cert.
A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Courts' Differing Views On Standing Affect PFAS Claims
Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.