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Class Action
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Split 9th Circ. Revives Part Of Sprout Baby Food Label Suit
A California couple suing Sprout Foods over nutrient statements on its baby food pouches can pursue a Golden State law claim but not fraud-based claims, a split Ninth Circuit panel ruled Friday, saying federal law doesn't preempt the state's labeling standards, but the parents haven't shown the products were misleading.
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June 28, 2024
Match Group Should Escape Investor Claims, Judge Says
A proposed class action brought by shareholders of dating website operator Match Group Inc. should be tossed for now because it failed to show how the company allegedly misled the markets about an integration process, a Delaware federal magistrate judge determined.
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June 28, 2024
Home Point Investor Attys Get $1.5M Fee As Judge OKs Deal
A Michigan federal judge on Friday granted final approval to a $5 million deal resolving investor allegations that mortgage lender Home Point exaggerated its ability to keep costs low ahead of its initial public offering, giving class counsel a $1.5 million cut of the deal.
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June 28, 2024
PAGA Reforms Clear Calif. Assembly, Head To Newsom's Desk
California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.
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June 28, 2024
Rite Aid Ch. 11 Plan OK'd With Insurers' Objections Resolved
A New Jersey bankruptcy judge Friday approved pharmacy chain Rite Aid's Chapter 11 restructuring plan after the company said it had resolved objections from its insurance carriers to how the plan treats their policies.
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June 28, 2024
The NFL Lost Big: What Happened, What Happens Next
A California federal jury's rebuke of the NFL's Sunday Ticket broadcast package has the league staring down a $4.7 billion class action verdict, prompting experts to wonder why the league was willing to risk a jury trial in the first place and how it will try to overturn the verdict now that it lost.
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June 28, 2024
Insurer Says It Owes No Coverage In Hair Relaxer Litigation
As a beauty manufacturer faces allegations that its line of hair relaxers contain carcinogenic ingredients, Selective Way Insurance Co. has asked a Georgia federal judge to release it from having to cover the company's defense in a sprawling multidistrict litigation.
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June 28, 2024
Judge Rejects Collusion Claim In Contested Foreclosure Deal
A Michigan federal judge approved on Thursday a class settlement between 43 Michigan counties and people who lost their homes in tax foreclosure, putting to bed accusations of collusion between the settling lawyers.
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June 28, 2024
Cabot $40M Deal To End Investors' Fracking Suit Gets 1st OK
A Texas federal judge agreed to grant preliminary approval of a $40 million cash settlement Cabot Oil & Gas Corp. agreed to pay to resolve an investor class action accusing the company of misrepresenting its environmental regulatory compliance in Pennsylvania.
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June 28, 2024
Maxeon Was Overreliant On SunPower Sales, Investor Says
Maxeon Solar Technologies was hit with a proposed shareholder class action alleging that the company concealed that a significant portion of its business depended on exclusive sales of certain products to its former parent company, SunPower Corp., and that a terminated contract between the two would lead to a 41% revenue drop for Maxeon.
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June 28, 2024
AT&T Faces Derivative Suit In Del. Over Toxic Cable Risks
An AT&T Inc. stockholder launched a derivative suit in Delaware's Court of Chancery on Friday seeking damages from the company's directors and top officers on the company's behalf for past, present and future expenses caused by toxic risks from lead-tainted cables around the country.
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June 28, 2024
NYC Realty Co. Defeats Most Of Building Super's Wage Claims
A New York realty group secured early wins on all but one of a building superintendent's wage claims, with a New York federal judge ruling Friday the worker had provided scant evidence in support, but the group must face claims related to wage deficits caused by a time clock malfunction.
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June 28, 2024
Philips Gets OK For $25M Med Monitoring Deal In CPAP MDL
A Pennsylvania federal judge has given the go-ahead to a $25 million medical monitoring settlement in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and some of its American subsidiaries.
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June 28, 2024
Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips
An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.
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June 28, 2024
Judge Finalizes $4M Deal In Eye Doc Ransomware Dispute
A North Carolina federal judge has signed off on a $4 million deal to resolve two class actions over an electronic patient recordkeeping and billing company allegedly failing to give truthful, timely notice to ophthalmology practices and their patients about ransomware attacks that damaged its software for months.
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June 28, 2024
Tesla Laid Off 14K Workers Without Notice, WARN Suit Says
Tesla Inc. laid off approximately 14,000 employees without giving them a fair warning required under both federal and California law, a former parts advisor alleges in a putative class action seeking back pay and penalties on the automotive company.
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June 28, 2024
Off The Bench: NFL's Big Loss In Court, NBA Agent Spat
In this week's Off The Bench, a jury delivers the NFL a $4.7 billion punch to the gut, an NBA agent looks to get paid for work that was credited to Rich Paul, and the Arizona Cardinals try to get a former executive's defamation claims sent to arbitration.
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June 28, 2024
Bank Shareholders Win $800K In Venezuelan Takeover Suit
Shareholders in a small Miami bank won an $800,000 award Thursday after a federal jury found two of the five board members accused of working for the Venezuelan government liable for the bank's financial difficulties.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 28, 2024
Supreme Court Backs Oregon City's Anti-Camping Laws
The U.S. Supreme Court upheld an Oregon city's anti-camping ordinances Friday against a challenge from homeless residents who allege the laws penalize them for being homeless.
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June 27, 2024
SPAC Investors Get Final OK On $13M Settlement
Attorneys who brokered a $13 million settlement on behalf of investors in special purpose acquisition company Pioneer Merger Corp. will receive about 30% of that settlement fund, minus nearly $100,000 that will go toward their clients' incentive award, a Manhattan federal judge has determined.
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June 27, 2024
BofA, JPMorgan, Others To Pay $46M To End Rate-Swaps Suit
Several major U.S. and European banks, including Bank of America, JPMorgan Chase & Co. and Deutsche Bank AG, reached a $46 million deal on Thursday to resolve a long-running multidistrict litigation over an alleged plot by the banks to limit market competition over interest rate swaps.
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June 27, 2024
B. Riley-Linked SPAC To Settle Del. Class Action For $8.5M
The co-chairman of B. Riley Financial Inc. and others have agreed to pay $8.5 million to settle a class action in Delaware's Court of Chancery accusing them of making misleading and inadequate disclosures leading up to a $320 million special-purpose acquisition company deal for battery storage venture Eos Energy Storage LLC.
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June 27, 2024
Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair
Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.
Expert Analysis
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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4 Ways Businesses Can Address Threat Of Mass Arbitration
Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.
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Managing Legal Risks After University Gaza Protests
Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Opinion
Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.