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Class Action
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January 22, 2025
Exonerees In Mass. Drug Lab Scandal Can't Undo Forfeiture
The First Circuit has tossed what was left of a lawsuit seeking the return of forfeited funds and property to thousands of Massachusetts residents whose drug convictions were vacated due to the misconduct of two crime lab chemists.
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January 21, 2025
Ex-Meta COO Sanctioned For Deleting Cambridge Emails
A Delaware Court of Chancery judge on Tuesday sanctioned Meta Platforms Inc.'s former Chief Operating Officer Sheryl Sandberg in consolidated litigation over the Facebook Cambridge Analytica data scandal, finding that she likely selectively deleted emails that related to the litigation.
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January 21, 2025
Key Justices Stay Quiet As High Court Weighs FCC Deference
Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions.
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January 21, 2025
Del. Justices Seal Oracle's Win In $9.3B NetSuite Merger Suit
The Delaware Supreme Court on Tuesday affirmed the Chancery Court's toss last year of a challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Corp. in 2016, saying the Chancery did not err in finding that the transaction was untainted from influence by Oracle's management or its founder and top shareholder.
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January 21, 2025
Stanley Tumbler Lead Contamination Suit Gets Shelved
A Washington federal judge has tossed a proposed class action against the maker of the popular "Stanley" tumbler for selling it without disclosing that it contained lead, saying the claims failed due to overly vague allegations of harm, but allowed the consumers to revise their lawsuit.
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January 21, 2025
Amazon Settles Consumer Suit Over Exploding Batteries
Amazon.com Inc. has entered into a settlement resolving a proposed class action accusing the company of selling thousands of faulty lithium-ion batteries that were prone to explosions, according to a stipulation and order filed in Washington federal court Friday.
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January 21, 2025
SoCal Edison Must Hand Over Data In Eaton Fire Suit
A Los Angeles County judge ordered Southern California Edison Co. on Tuesday to produce data from its distribution circuits in the Altadena, California, neighborhood to a victim of the Eaton Fire, the first step in litigation over this month's deadly and destructive blaze.
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January 21, 2025
BofA Sued Over Credit Card Rewards 'Bait And Switch'
Bank of America has been hit with a proposed class action in Massachusetts federal court accusing it of failing to make good on a credit card reward bonus offer, an issue the Consumer Financial Protection Bureau previously warned banks about.
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January 21, 2025
Realogy Signs $20M Deal In TCPA Cold Calling Class Action
Realogy and classes of individuals who allegedly received harassing phone calls from real estate agents in violation of federal telemarketing restrictions urged a California federal court to preliminarily bless their $20 million settlement, with Realogy saying Tuesday that the deal pays more than the classes' claims are worth.
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January 21, 2025
SeaWorld Escapes New Trial Bid In Race Bias Case
Parents who unsuccessfully sued SeaWorld claiming costumed performers at its Sesame Place park in Philadelphia discriminated against minority children by allegedly ignoring the children were denied a new trial, with a federal judge ruling Tuesday the parents offered "no substantive legal argument" supporting their claims.
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January 21, 2025
4 Plaintiffs' Firms Is Too Many, Chrysler Says In EV Class Suit
Fiat Chrysler slammed an "extremely excessive" bid asking a Michigan federal court to appoint four law firms as plaintiffs' counsel in a suit accusing the automaker of selling electric vehicles with defective batteries, telling the court there was no way that many firms could be efficient.
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January 21, 2025
Court Tosses Yacht Sale Broker Fee Antitrust Case, For Now
A Florida federal court dismissed a case on Tuesday from boat sellers alleging they paid inflated broker fees when selling used vessels through yacht listing services, but will allow the sellers to file an amended complaint.
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January 21, 2025
Mondelez Fights Candy-Flavored Energy Drink Label Claims
Snack giant Mondelez and the company behind Ghost energy drinks argued Tuesday that they should not have to face a proposed class action claiming they illegally market candy-flavored Ghost drinks toward kids because the label wouldn't dupe reasonable consumers.
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January 21, 2025
Artists Can't Broaden Meta IP Discovery As Deadline Looms
A California federal magistrate judge on Tuesday refused a request by a proposed class of artists to broaden discovery in high-stakes litigation alleging Meta Platforms Inc. has fostered rampant infringement of copyright-protected ads on its social media platforms, telling counsel during a hearing that their request is too close to the discovery deadline.
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January 21, 2025
US Told To Justify Citizenship Screening Program And Delays
A federal judge in Washington state has found a U.S. Citizenship and Immigration Services' program for reviewing immigration applications with potential national security concerns to be "arbitrary and capricious," holding that the agency failed to justify the program's creation or ensure timely processing.
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January 21, 2025
Cornell Case May Be Bellwether For ERISA Transaction Claims
The U.S. Supreme Court will hear arguments Wednesday from Cornell University and workers looking to reinstate a class action alleging their retirement plan paid excessive fees, in a case that could change the strategy for Employee Retirement Income Security Act plaintiffs in the future.
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January 21, 2025
Amazon Says New Ruling Can't Save Price-Gouging Suit
Amazon is looking to end an updated proposed class action alleging price-gouging during the COVID-19 pandemic, arguing the Washington Supreme Court's recent interpretation of a consumer protection law is not a green light for every plaintiff who bought any product on the platform in 2020, including non-essential goods.
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January 21, 2025
Medical Cannabis REIT Misled Investors, Suit Claims
A medical cannabis-focused real estate investment trust lied to its shareholders about the profitability of its leasing operations and declining rents, a new suit has alleged in Maryland federal court.
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January 21, 2025
Union Worker Says He Has Standing To Sue Carpenters Plans
A Carpenters-represented worker suing a group of union benefit plans for cutting off his and his coworkers' benefits after a collective bargaining agreement expired is fighting to keep his lawsuit in California federal court, urging the court to reject the plans' argument that he lacked standing to sue.
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January 21, 2025
Colo. Fire Department Fails To Pay OT, Firefighters Say
A Colorado fire department fails to pay firefighters overtime wages and retaliated against three employees and fired one of them after they complained about the unlawful pay practices, a lawsuit filed in Colorado federal court said.
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January 21, 2025
Firm Slams Beasley Allen's Bid To Nix Suit Over Talc Team-Up
Smith Law Firm PLLC is urging a Mississippi federal court to reject Beasley Allen Law Firm's bid to dismiss or transfer a defamation and breach of contract lawsuit over their joint venture agreement for talc litigation against Johnson & Johnson, saying the case shouldn't be thrown out in favor of Beasley Allen's Alabama suit.
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January 21, 2025
Pot Co. Stiiizy Hit With Data Breach Suit
An employee of cannabis retailer Stiiizy Inc. is suing the company in Los Angeles court, alleging that it failed to protect consumer and employee information, resulting in a data breach last year, and then went nearly three months without telling the victims what happened.
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January 21, 2025
Justices Won't Review Pa. Ballot Envelope Dating Rule
The U.S. Supreme Court won't weigh whether Pennsylvania's rule requiring voters to write the date on the outside of mail-in ballots violates the Civil Rights Act, or whether the federal law's ban on disqualification based on "immaterial" errors applies only to voter registration, according to orders released Tuesday.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
Expert Analysis
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early
After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.
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Del. Dispatch: 27.6% Stockholder Not A Controller
The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.