Class Action

  • December 11, 2024

    Google Likely Can't Nix Suit Over Collection Of Kids' Data

    A California federal magistrate judge indicated Wednesday that Google likely won't be able to escape a proposed class action alleging YouTube illegally collected children's data from targeted ads, saying a seventh version of the complaint sufficiently alleged that the tech giant "engaged in highly offensive conduct."

  • December 11, 2024

    MDL Judge Rejects Meta's Claim Discovery Is Burdensome

    A California federal magistrate judge overseeing discovery in multidistrict litigation over social-media platforms' allegedly addictive designs on Wednesday rejected Meta Platforms' arguments additional discovery sought by personal-injury plaintiffs is overly burdensome, noting that Meta's discovery production pales in comparison to the millions of documents that Meta has demanded from plaintiff states.

  • December 11, 2024

    Palo Alto Networks Seeks Exit From Investors' 'Vague' Suit

    Cybersecurity company Palo Alto Networks and three of its executives have asked a San Francisco federal judge to toss a consolidated proposed investor class action over allegedly concealed "headwinds," arguing that its investors failed to show they'd known the company would eventually lower certain financial projections.

  • December 11, 2024

    Seminole Tribe Can't Intervene In Gaming Ad Suit, Court Told

    A class action party is objecting to the Seminole Tribe of Florida's proposed intervention in the lawsuit, saying the tribe's interests are adequately protected by vendor Seminole Hard Rock Digital, which has already raised the tribe's defenses in successive motions to dismiss.

  • December 11, 2024

    Tesla Stockholder Contests $345M Musk Pay Fight Fee In Del.

    A Tesla Inc. stockholder has asked to intervene in the Delaware Court of Chancery class derivative case that scuttled CEO Elon Musk's 10-year, $55.6 billion compensation plan, citing objections to court approval of a stock or cash fee award for class attorneys worth $345 million.

  • December 11, 2024

    Ga. Judge Refuses To Reconsider Toss Of Patient Data Suit

    A Georgia federal judge has refused to reconsider the dismissal of a proposed class action alleging Piedmont Healthcare Inc. unlawfully shared patients' health data with Facebook via the company's tracking pixel tool.

  • December 11, 2024

    Legal Ed Cos. Shared Customers' Data, Suit Claims

    Two companies offering continuing legal and professional education content have been hit with a class action in Georgia federal court over allegations that they nonconsensually disclosed customers' identities and video viewing information to Meta Platforms Inc. for its advertisers' use.

  • December 11, 2024

    United Airlines Illegally Withheld Wages, PAGA Suit Says

    United Airlines cheated employees out of pay by requiring them to work during breaks and mandating unpaid COVID-19 screenings, a former employee said in her Private Attorneys General Act suit in California state court.

  • December 11, 2024

    Class Action Co. Will Reform Biz Practices, DC AG Says

    A third-party class action claims filer will change its business practices to boost transparency as part of a settlement with Washington, D.C., enforcers, the state attorney general's office announced Wednesday.

  • December 11, 2024

    Toyota Must Face 'Parasitic Drain' Claims, Ga. Judge Says

    A proposed class action alleging that Toyota's RAV4 SUV suffers from a known defect that drains the car's battery while shut off was largely preserved Wednesday by a Georgia federal judge, who declined to dismiss all but one of the claims against the manufacturer.

  • December 11, 2024

    Wisconsin Healthcare Co. Strikes Deal To End 401(k) Fee Suit

    A Wisconsin healthcare organization has agreed to settle a proposed class action alleging it allowed its 401(k) plan to pay exorbitant administrative fees and cost employees millions of dollars in retirement savings, according to a Wednesday federal court filing.

  • December 11, 2024

    Del. Bar Urged To Push Back On Musk's Chancery Criticism

    Nearly 100 legal professionals, mainly plaintiffs bar attorneys and law professors, have called on the Delaware State Bar Association to defend the state's chancellor against attacks that tech and social media billionaire Elon Musk launched after a stinging defeat of his nearly $56 billion, multiyear Tesla Inc. package in January.

  • December 11, 2024

    3M Gets Georgia Man's $850M PFAS Remediation Bid Denied

    A Georgia federal judge has shut down a proposed injunction requiring 3M Co. and other companies to pay $850 million for remediation of water sources in Dalton contaminated with per- and polyfluoroalkyl substances, saying the named plaintiff doesn't have standing to call for the remediation.

  • December 11, 2024

    Class Seeks Final OK Of Contentious $147.5M Insurance Deal

    A class of insurance policyholders has urged a Connecticut federal judge to give his final blessing to a $147.5 million settlement resolving claims that two insurers overcharged when deducting costs from savings accounts attached to universal life insurance plans.

  • December 11, 2024

    Justices' Cold Feet On Nvidia, Meta Leaves Attys Guessing

    The U.S. Supreme Court threw out a second securities case on Wednesday by refusing to issue a ruling in a Nvidia Corp. case with no explanation on its change of heart, leaving the defense bar to guess at the court's motivation and its potential implication for the future of high court securities cases.

  • December 10, 2024

    Robinhood Seeks Arb. For Remaining Meme Stock MDL Suits

    Stock trading platform Robinhood urged a Florida federal court to send to arbitration the seven remaining individual suits brought against it as part of a multidistrict litigation over the platform's decision to freeze trading in certain so-called meme stocks amid a social-media fueled run on shares of those issuers.

  • December 10, 2024

    Judge Won't Cull EpiPen Antitrust Action Against Mylan

    Mylan Pharmaceuticals didn't get the early exit it sought from litigation accusing it of working with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, as a Kansas federal judge has ruled the case must move on to discovery.

  • December 10, 2024

    BNP Paribas Seeks High Court Appeal In Sudan Refugee Case

    BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.

  • December 10, 2024

    7th Circ. Questions Reviving Harley-Davidson Warranty MDL

    The Seventh Circuit on Tuesday flagged issues with not only Harley-Davidson's motorcycle warranty but also its customers' antitrust claims against it as the court considered reviving multidistrict litigation claiming the contract constitutes illegal tying. 

  • December 10, 2024

    Chancery Awards Ajamie $13M In Cell Partnership Fight

    Boutique law firm Ajamie LLP has won a Delaware Court of Chancery ruling that clients in a more-than decade-long multi-site battle over dozens of AT&T cellphone partnerships owe Ajamie about $13 million in legal fees despite a court finding that a formal fee-sharing agreement is unenforceable.

  • December 10, 2024

    2nd Circ. Backs Deloitte's Win In 401(k) Fee Suit

    The Second Circuit said a trial court correctly tossed a proposed class action by a group of workers claiming Deloitte saddled its $7.3 billion retirement plan with excessive recordkeeping fees, stating they couldn't overcome concerns that their claims amounted to comparisons of apples to oranges.

  • December 10, 2024

    Ga. Justices Say Courts To Decide Whether Utilities Are Taxes

    A Georgia trial court wrongly decided it could not judge whether a county's utility rates are a backdoor tax on property owners, the state's highest court said Tuesday, ruling that a restriction on the state Legislature's power to "regulate or fix" rates doesn't bar review by the judicial branch.

  • December 10, 2024

    OptumHealth Rejects ERISA Fee Class Deal, Eyes Trial

    OptumHealth Care Solutions LLC has told a North Carolina federal court that it is ready to bring a certified ERISA class action to trial following its rejection of a settlement that had been taking shape for nearly a year because the deal would not include a full release of all claims.

  • December 10, 2024

    'Figurehead Plaintiff' Dooms Cert. In Hotel Workers' BIPA Suit

    An Illinois federal judge refused Tuesday to certify a class of hotel workers accusing software provider Unifocus of violating Illinois' landmark biometric privacy law, saying their class representative had become a "forbidden figurehead plaintiff" who didn't see the operative complaint until more than three years into the litigation.

  • December 10, 2024

    Eversource Charges 'Junk Fee' To Restore Service, Suit Says

    Utility company Eversource's $102 charge to restore service after a shutoff for nonpayment is a "junk fee" that exploits customers who can least afford it, a proposed class action filed in Massachusetts says.

Expert Analysis

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Using Data To Inform Corporate Disclosure Decisions

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    With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

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    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • And Now A Word From The Panel: Ballpark Lessons For MDLs

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    The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 2 Cases Show DAOs May Face Increasing Legal Scrutiny

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    Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

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