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Class Action
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February 27, 2025
Underdog Sports Runs Disguised Betting Platform, Suit Says
Four users of Underdog Sports, which does business as Underdog Fantasy, have sued the company in New York federal court, alleging it is running an unlicensed sports betting site disguised as a platform for fantasy sports.
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February 27, 2025
DraftKings To Pay $10M In NFT Proposed Class Settlement
DraftKings Inc. will pay $10 million to users of the sports betting site who owned nonfungible tokens offered through its marketplace, according to a proposed settlement in the putative class action.
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February 26, 2025
Snap Investors End Derivative Suit Over Apple Privacy Change
Executives and directors of Snapchat parent company Snap Inc. have escaped a consolidated shareholder derivative suit alleging the social media company failed to warn investors about the impact that certain iPhone privacy changes would have on its advertising revenue, with a judge signing off on a voluntary dismissal order.
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February 26, 2025
Mercedes-Benz Drivers Win Class Cert. In Fla. Airbag MDL
A Florida federal judge overseeing the multidistrict litigation over defective Takata airbags granted certification to several single and multistate class of Mercedes-Benz drivers on Wednesday, finding common issues connect the cases and that they can be efficiently managed in a single trial.
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February 26, 2025
Pornhub Data Privacy Suit Will Go To Arbitration
A group of foreign companies that allegedly operate the website Pornhub have won their bid to send a proposed data privacy class action into arbitration, after a California federal judge ruled that an arbitrator must decide whether the companies waived their right to arbitration.
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February 26, 2025
Merck, Glenmark Trim United Healthcare's Zetia Antitrust Suit
A Minnesota federal judge has trimmed a United Healthcare unit's antitrust suit claiming that Merck and Glenmark conspired to delay a generic version of the anti-cholesterol drug Zetia, throwing out non-Minnesota state-law claims he called a "bare and conclusory pleading."
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February 26, 2025
Wash. Biz Group Fears Amazon Loss In Price-Gouging Suit
Washington's largest business group is siding with Amazon's bid to dismiss a proposed class action alleging price-gouging during the COVID pandemic, in an amicus brief Wednesday that said consumers want to impose a flawed reading of consumer protection law that would leave businesses in limbo guessing what is fair or unfair.
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February 26, 2025
Supply Chain Software Co. Sued Over Bad Revenue Guidance
Supply chain software co. Manhattan Associates Inc. has been hit with a proposed class action in Georgia federal court by shareholders claiming the company misled them about its expected revenue and ability to increase its professional service offerings, causing a stock price decline.
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February 26, 2025
Driver's Suit Time-Barred Because Alleged Defect Too Obvious
A supposed defect with a Mercedes-Benz 2016 compact sedan was so apparent that buyers should've been aware of the alleged issue at the time of purchase, a Georgia federal judge has ruled, ending a proposed class action because the driver filed suit too long after he bought the car.
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February 26, 2025
NJ Tech Co. Misled Investors On NASA Partnership, Suit Says
Computer chip manufacturer Quantum Computing Inc. was hit with a proposed shareholder class action alleging it overhyped its business relationships, including its partnership with NASA, and lied about its revenues and the progress it made in building a foundry.
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February 26, 2025
Judge Sends Fox Sports Harassment Suit Back To State Court
A U.S. district judge has sent a lawsuit accusing Fox Sports and its on-air talent of sexual harassment back to California state court after the plaintiff dropped allegations related to overtime, removing the suit's only federal claim.
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February 26, 2025
Mich. Judge Demands RICO Pattern Details In Foreclosure Suit
A Michigan federal judge on Wednesday pressed attorneys for homeowners to point to specific criminal activities that would help the proposed class establish a pattern of racketeering activity to support their claim that a real estate developer conspired with county and city leaders in a tax foreclosure scheme.
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February 26, 2025
Debt Collectors Accused Of Preying On Fla. Military Members
Two debt collectors operating in Florida are accused of repeatedly violating the Fair Debt Collection Practices Act by filing lawsuits to collect consumer debt from military service members after the statutes of limitation expired on claims, according to a proposed class action filed Wednesday in federal court in Jacksonville.
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February 26, 2025
Capital One Can't Delete Suit Over 'Refer A Friend' Texts
Capital One cannot slip a lawsuit accusing it of violating a state ban on unsolicited texts with advertisements by encouraging customers to send "refer a friend" messages, with a Washington federal judge telling the company its consent notice was not good enough.
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February 26, 2025
US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss
The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.
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February 26, 2025
Honeywell Can't Ship Pension Calculations Fight To NC
Honeywell can't move a proposed class action alleging it miscalculated and underpaid retirees' pension benefits to its home state of North Carolina, an Illinois federal judge ruled Wednesday, finding that retirement plan terms allowing the company to dictate the forum don't apply to the worker leading the suit.
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February 26, 2025
Aramark, Spinoff Co. Want 'Fraud By Hindsight' Suit Tossed
Aramark and a uniform supplier spinoff company asked a Georgia federal judge Tuesday to dismiss claims that it intentionally lied to investors about chronic underfunding of the business, accusing a union pension fund of "using a pleading tactic universally condemned by the courts: fraud by hindsight."
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February 26, 2025
COVID Plausible Cause For Tire Price Hikes, Judge Says
Consumers, dealerships and other tire purchasers will need more than claims of pretextual explanations for price hikes by Bridgestone, Goodyear, Michelin and other producers after an Ohio federal judge dismissed the "unsupported conclusion" that the pandemic doesn't explain their claims of consolidated price fixing.
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February 26, 2025
'Congress Favors Arbitration' In EB-5 Suit, 11th Circ. Told
A Canadian citizen who is accused in a Florida lawsuit of defrauding foreign investors told the Eleventh Circuit in a hearing Wednesday that a lower court wrongfully sent the case back to state court and denied a request to halt proceedings, telling the panel that "Congress favors arbitration."
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February 26, 2025
2nd Circ. Won't Revive Federal Claims In Uniswap Crypto Suit
The Second Circuit affirmed Wednesday that Uniswap Labs and its venture capital backers can't be held liable under federal securities law for the sale of so-called scam tokens on the decentralized Uniswap exchange, but directed the New York federal judge who tossed the buyers' suit to take another look at their state law claims.
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February 26, 2025
Driver Accuses Geico Of Lying About Accident Forgiveness
Geico unlawfully disguises rate increases as surcharges, a driver alleged in a suit filed in Texas federal court, saying his premium nearly doubled after an accident despite being enrolled in an accident forgiveness program.
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February 26, 2025
Judge Won't Disqualify Firm In Solar Co. Fraud Fight
A federal judge denied Michigan residents' attempt to disqualify attorneys representing a bankrupt solar company's former founding CEO in their fraud case, holding that the law firm's allegedly obstructionist discovery tactics don't amount to an actual conflict of interest.
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February 26, 2025
Michigan Counties Say Firm's Client Solicitations Merit DQ
Michigan counties sought to disqualify plaintiff firm Visser & Associates PLLC Tuesday, telling a federal judge that the lawyers went back on their word by soliciting potential class members in a suit claiming the government entities improperly kept a surplus of foreclosed home sales.
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February 26, 2025
Vets Press 9th Circ. To Affirm LA Campus Housing Judgment
A group of veterans' organizations, retired military officers and legal scholars are urging the Ninth Circuit to uphold a California federal judge's decision that the federal government must build veterans housing on a Los Angeles campus, saying such housing is greatly needed and complies with federal law.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Tobacco Surcharge Suits Spotlight Wellness Reg Compliance
A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.