Class Action

  • January 22, 2025

    Benzene Suits Against Retailers Not Covered, Insurer Says

    An insurer doesn't have to cover claims that CVS, Walmart, Walgreens and others sold products linked to a carcinogen, benzene, because the customers making the underlying allegations sought only reimbursement for the products they bought, the carrier told a California state court.

  • January 22, 2025

    Justices Seem Willing To Reopen Cornell Workers' ERISA Suit

    The U.S. Supreme Court on Wednesday seemed inclined to revive a federal benefits lawsuit from Cornell University workers alleging their retirement plan was mismanaged and charged excessive fees, with several justices appearing open to arguments that the Second Circuit overreached when it shut down the case.

  • January 22, 2025

    Amazon Drivers Want Class Cert. In Suit Alleging Unpaid Tips

    Amazon Flex delivery drivers urged a Washington federal court to certify a 150,000-member class in their lawsuit accusing the company of violating Evergreen State laws by withholding portions of drivers' tips, saying they were all impacted by the same unlawful practice.

  • January 22, 2025

    Logistics Cos. Say Workers' Tobacco Fee Suit Filed Too Late

    A pair of logistics companies are asking a Connecticut federal court to throw out a proposed class action alleging they violated federal law by not fully reimbursing employees who paid an additional tobacco-use fee on their healthcare, saying all the claims in the suit are barred by statutes of limitation.

  • January 22, 2025

    JPMorgan Accused Of Misusing Forfeited 401(k) Funds

    JPMorgan Chase & Co. violated federal benefits law when it used former employees' forfeited, unvested 401(k) contributions to cover millions of dollars of employer contributions rather than covering plan expenses, according to a proposed class action filed in California federal court.

  • January 22, 2025

    Sheriff's Workers' Wage Suit Should Survive, Judge Says

    A North Carolina federal judge recommended rejecting a sheriff's office's bid to escape detention center employees' wage and hour class action, saying a jury should decide whether the office's use of a fluctuating workweek payment model was appropriate.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

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