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Class Action
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October 08, 2024
3rd Circ. Preview: Constitutional Rights Fears Top October
Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun.
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October 08, 2024
J&J Greenwashes '100% Plant-Based' Wipes, Suit Says
Johnson & Johnson customers hit the pharmaceutical giant with a putative false advertising class action in California federal court alleging its line of Aveeno makeup removing wipes are not 100% plant-based or environmentally friendly as the package claims.
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October 08, 2024
Google Says Rumble Suit Too Late To Join Ad Tech MDL
Google wants to keep Rumble away from the consolidated litigation targeting the company's advertising placement technology dominance, telling the U.S. Judicial Panel on Multidistrict Litigation that the Canadian video-sharing service's May antitrust lawsuit comes too late and is too different to join in.
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October 08, 2024
Home Depot Says Tool Rental Suit Makes No Sense
The Home Depot Inc. called on a Georgia federal judge to throw out a contracting company's claims it systematically overcharged tool rental program customers, arguing the company is trying to "reengineer" the tool-rental agreement in ways that "produce absurd results and otherwise make no sense."
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October 08, 2024
Pa. Justices Wary Of Linking Mask Tax To Consumer Harms
Several justices of the Pennsylvania Supreme Court seemed cautious Tuesday about extending the state's consumer protection law liability to retailers who collect sales tax on tax-exempt items, pointing to the state's refund system as an existing form of relief for overcharged customers.
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October 08, 2024
Justices Divided Over 'Prevailing Party' Status For Atty Fees
The U.S. Supreme Court appeared noncommital on Tuesday while grappling with what constitutes a "prevailing party" for the purpose of awarding attorney fees in civil rights lawsuits, a question that has broad implications for both government agencies and legal advocacy groups.
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October 08, 2024
Senior Renters Say Mass. Facility Charged Exorbitant Fees
A proposed class of low-income, elderly residents at an assisted living facility have told a Massachusetts federal court the facility's owner and operators charged an illegal "ancillary fee" calculated to extract all but a $100 monthly allowance from residents.
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October 08, 2024
1st Circ. Eyes Revival Of Welch's Execs' Pension Fight
The First Circuit appeared receptive Tuesday to former Welch's executives who are seeking to revive a suit claiming they were shortchanged by a supplemental retirement plan, with two judges pointing out conflict-of-interest disputes on appeal that the lower court left unaddressed.
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October 08, 2024
9th Circ. Affirms Atty Fee Reduction In Cathode Suit
A three-judge Ninth Circuit panel on Monday upheld a lower court's decision to cut more than $2 million from plaintiff's firm Cooper & Kirkham's $3.45 million fee award in a multidistrict litigation settlement over alleged cathode ray tube price-fixing litigation.
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October 08, 2024
Texas Class Wants Funding Firms To Face Hurricane Ad Suit
A Texas magistrate judge was wrong to recommend dropping litigation funding companies from a suit alleging a law firm deceptively advertised to hurricane victims, with a proposed class of storm victims arguing the funders must have been aware of the scheme when they loaned the firm $20 million.
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October 07, 2024
Mednax Gets Final OK For $6M Data Breach Settlement
A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."
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October 07, 2024
Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'
A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.
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October 07, 2024
Car Sharing App Getaround Faces BIPA Suit Over Facial Scans
Car sharing platform Getaround Inc. is facing a proposed class action in Illinois federal court accusing the company of illegally gathering, storing and disseminating its users' facial geometry scans obtained through a mandatory verification process, in violation of the state's Biometric Information Privacy Act.
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October 07, 2024
AbbVie's Top Brass Escape Suit Over Rinvoq Claims, For Now
An Illinois federal judge Friday tossed AbbVie investors' suit challenging directors' statements about the potential for its rheumatoid arthritis drug Rinvoq to be approved for other conditions, a possibility that collapsed over safety risks with Pfizer's competing drug Xeljanz, finding the investors don't allege the directors knew Xeljanz's results would affect Rinvoq.
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October 07, 2024
Boehringer Defends Zantac As Cancer Jury Trial Kicks Off
Boehringer Ingelheim Pharmaceuticals defended the company's heartburn medication Zantac during the defense's opening statements in a product liability trial Monday, telling California jurors that trial evidence will show the plaintiff never used Boehringer's over-the-counter Zantac products, and that other risk factors put him at risk of developing bladder cancer.
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October 07, 2024
Judge Presses AmEx On Arbitration Push For Merchants
A Rhode Island judge on Monday expressed skepticism about American Express' claim that it could force a proposed antitrust class action targeting the company's swipe fee rules back into arbitration after the plaintiffs say it already defaulted on arbitration fees.
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October 07, 2024
Attys Want $20M Fees For Netting $64M Tuna Price-Fixing Deal
Attorneys representing a class of purchasers who sued several canned tuna producers have asked a California federal judge for nearly $20 million in fees and costs associated with their recently inked $64 million settlement, saying the award is fair considering the effort the case took to prosecute and the complexity of the deal.
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October 07, 2024
UFC Fighters Urge Judge To Greenlight $375M Settlement
A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages.
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October 07, 2024
Tribe's 'No Regret' Gaming Ads Misleading, Fla. Residents Say
Ads from the gaming vendor of the Seminole Tribe of Florida promising to give bettors as much as $100 back if they lose their first wager is false, deceptive, misleading and unfair marketing that violates state law, despite the tribe's claims of sovereign immunity, according to an updated proposed class action in federal court.
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October 07, 2024
Merck Immune For 'Inflated' Vax Claims To FDA, 3rd Circ. Says
A divided Third Circuit panel inoculated Merck from claims that it tried to prevent competition by making inflated declarations to federal regulators about its mumps vaccine, with the majority ruling Monday that because Merck convinced federal regulators it had extended the vaccine's long-term potency, those assertions can't have been an anticompetitive "sham."
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October 07, 2024
Trade Desk Vote Plan For Nevada Move Challenged In Del.
Digital advertising technology company The Trade Desk Inc. and its top brass have been hit with a Delaware Chancery Court stockholder suit challenging the company's claimed approval threshold for reincorporation in Nevada, where stockholders face a tougher slog in challenging director and officer actions.
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October 07, 2024
Decision In Jurisdictional Case 'Outlier,' High Court Told
An attorney representing Royal Canin USA Inc. and Nestlé Purina PetCare Co. on Monday told the U.S. Supreme Court that a jurisdictional decision in a case over prescription dog food is both an "extreme outlier" and goes against more than a hundred years of precedent.
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October 07, 2024
3M Facing PFAS Headwinds In Vermont, NJ And Ohio Cases
3M Co., which is facing forever chemical lawsuits across the country, is dealing with pushback from Vermont, which is fighting 3M's effort to take its state court case into federal court, and from plaintiffs in Ohio and New Jersey, who have kept their litigation out of a sprawling multidistrict litigation.
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October 07, 2024
Amazon Breaking Wash. Noncompete Law, Workers Say
A proposed class of Amazon warehouse and retail workers have accused the company of forcing them into noncompete clauses in violation of a Washington law aimed at protecting the mobility of lower wage workers.
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October 07, 2024
Nationstar Mortgage Fails To Dodge Proposed Fee Suit Action
A Washington federal judge refused Monday to let Nationstar Mortgage LLC escape a putative class action accusing the mortgage loan servicer of illegally charging fees for loan payoff statements.
Expert Analysis
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Del. Lessons For Director-Nominees On Sharing With Activists
The Delaware Chancery Court's recent decision in Icahn Partners v. deSouza finding that a director wasn't permitted to share certain privileged information with the activist stockholders that nominated him shows the need for companies to consider imposing appropriate confidentiality requirements on directors, say attorneys at Sullivan & Cromwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Opinion
Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders
The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.