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Class Action
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February 12, 2025
Google Must Face Wiretapping Suit Over AI-Powered Assistant
A California federal judge has refused to toss a proposed class action accusing Google of using a "human-like" customer-service product powered by artificial intelligence to illegally eavesdrop on users' calls with Hulu, Verizon and others, finding the consumers adequately allege Google is a third party that can benefit from the data.
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February 12, 2025
Meta User Antitrust Suit Gets Nov. 17 Trial Date
A California federal judge has set a Nov. 17 trial date for accusations that Meta monopolized the social media advertising market weeks after he declined to certify a class of Facebook users that would have numbered in the millions.
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February 12, 2025
Tobacco Fee Couldn't Have Injured Worker, Campbell's Says
The Campbell's Co. urged a New Jersey federal court to toss a suit from a former worker alleging the company's tobacco-free wellness program is violating federal benefits law by making workers who use tobacco pay more for health insurance, arguing the ex-employee can't bring his claims because he never enrolled in the program.
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February 12, 2025
$180M Deals In Poultry Process Wage-Fixing Row Get First OK
A Maryland federal judge gave her blessing to several settlements totaling approximately $180 million in a suit accusing a slew of poultry companies of conspiring to keep wages low at their plants, greenlighting what the workers called "a historic recovery."
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February 12, 2025
Starbucks Accused Of Flouting Mass. Polygraph Hiring Law
Starbucks is ignoring a Massachusetts law requiring employers to inform job-seekers that the state doesn't allow the use of lie detector tests in employment decisions, according to a putative class action filed in state court.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
Zillow Hit With Proposed Class Suit Over StreetEasy Fees
Zillow was slapped with a proposed class action in Seattle federal court Tuesday by New York real estate firm that claims the company charges daily fees for listings properties on its StreetEasy platform, even after a listing real estate agent's name is obscured by a new agent.
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February 11, 2025
Kratom Producers Hid 'Addictive' Risks, Consumers Say
Companies that make kratom are facing a proposed class action in New York federal court over sales of kratom, standing accused of not disclosing that the substance is just as addictive as opioids.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
Fitness Co.'s Brass Faces Derivative Suit Over Franchise Woes
Officers and directors of Pure Barre's parent company Xponential Fitness face shareholder derivative claims following the company's disclosure of a federal criminal investigation, regulatory scrutiny and investor ire over the alleged manipulation and harassment of its "financially crushed" franchisees.
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February 11, 2025
Kids Can't Save Reworked EPA Climate Suit, Judge Rules
A California federal judge on Tuesday threw out, for good, children's amended allegations that the U.S. Environmental Protection Agency's climate policies violate their constitutional rights, ruling that they haven't shown that the alleged harms they've suffered in the midst of climate change can be traced to the policies.
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February 11, 2025
Progressive Inks $3.25M Data Breach Deal With 350K Members
Approximately 350,000 Progressive Casualty Insurance customers on Tuesday asked an Ohio federal judge to grant final approval to a $3.25 million settlement stemming from a data breach event that exposed their personal information, noting the resolution is a favorable outcome, given the risks to their claims if litigation continued.
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February 11, 2025
Monsanto Loses Attempt To Overturn $1.25M Roundup Award
A Missouri appellate court on Tuesday refused Monsanto's request to overturn a $1.25 million award to a man who claimed Roundup weed killer caused his cancer, leaning on reasoning from several other state and federal appeals courts that favored consumers over the company.
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February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products
Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
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February 11, 2025
9th Circ. Doubts X Plaintiff Can Revive Phone Data Suit
A Ninth Circuit panel on Tuesday questioned whether a lawsuit targeting social platform X could be revived and remanded to state court, with one judge suggesting circuit precedent established a privacy right that keeps the case in federal court, and another saying the lower court had "broad discretion" in deciding to dismiss the case.
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February 11, 2025
Ex-Employee Sues Fla. News Database Co. Over Data Breach
An Oklahoma resident has brought a proposed federal class action over a data breach against a Florida-based news database company, alleging that she was an employee and that her former employer didn't do enough to adequately protect her personal information from being stolen.
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February 11, 2025
MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP
A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.
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February 11, 2025
Labaton Keller Appointed Lead In Healthcare Co. IPO Suit
A New York federal judge on Tuesday appointed Labaton Keller Sucharow LLP as lead counsel in a securities class action accusing nursing-care provider PACS Group Inc. of misleading investors about false Medicare claims and regulatory investigations tied to its initial public offering.
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February 11, 2025
Factual Dispute Keeps Walmart BIPA Suit In Court, For Now
An Illinois jury will determine whether a driver for Walmart's grocery delivery platform Spark signed an arbitration agreement during his onboarding before a federal judge can decide whether his underlying biometric privacy claims should be redirected away from court, the judge said Tuesday.
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February 11, 2025
Eaton Fire Victim Wants Sanctions Against SoCal Edison
A victim of the recent devastating Eaton Fire in Altadena has told a California state judge that Southern California Edison and its attorneys should face sanctions for allegedly concealing efforts to reenergize electrical transmission lines while the blaze was still burning last month.
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February 11, 2025
Research Org Faces Investor Suit Over Customer Cost-Cutting
Clinical research organization Icon PLC has been hit with a proposed shareholder class action in New York federal court, alleging it misled investors about a slowdown in demand the company experienced due to customers implementing drastic cost-reduction measures that involved research and development expenditures.
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February 11, 2025
Fla. Judge OKs $7M Deal In Health Data Breach Class Action
A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.
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February 11, 2025
Olaplex Can't Escape IPO Investors' Formula Change Suit
Olaplex and some of its executives must face investor claims that the company's initial public offering documents did not disclose the European Union had banned a controversial ingredient known as lilial, which would impact Olaplex's main product offering, but the IPO underwriters and selling stockholders were allowed to escape the suit.
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February 11, 2025
Plaintiff Firm Sues More THC Makers In Potency Class Action
A pair of attorneys has hit another set of cannabis companies with a proposed class action in Illinois federal court, alleging they are selling goods that go beyond state limits on THC in cannabis-infused products.
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February 11, 2025
Ex-Client May Not Appeal Morgan & Morgan Arbitration Order
A former Morgan & Morgan PA client may not pursue legal malpractice claims against the firm in Georgia federal court, a judge ruled Tuesday, upholding an earlier order sending the matter to arbitration.
Expert Analysis
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50 Years Later, ERISA Remains A Work In Progress
A look at the 50 years since the Employee Retirement Income Security Act’s passage shows that while the law safeguards benefits through vesting rules, fiduciary responsibilities and anti-discrimination provisions, the act falls short in three key areas, says Carol Buckmann at Cohen & Buckmann.
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FLSA Conditional Certification Is Alive And Well In 4th Circ.
A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.
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7th Circ. Exclusion Ruling Will Narrow BIPA Coverage
The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.