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Class Action
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July 24, 2024
GM Drops 6th Circ. Faulty Fuel Pump Appeal
The Sixth Circuit won't hear an appeal by General Motors, which initially sought to decertify seven state classes of diesel truck drivers who claimed GM sold them faulty fuel pumps, after the automaker voluntarily pulled back its bid as the parties inch closer to a $50 million deal.
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July 24, 2024
EV Co. Scores Initial OK On $13M Deal To End Investor Suits
A Colorado federal judge has granted preliminary approval to a $13.3 million settlement resolving shareholder lawsuits against commercial electric-vehicle company Lightning eMotors, whose executives and directors had been accused of touting unrealistic growth projections in the lead-up to a 2021 merger.
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July 24, 2024
Milliman 401(k) Class Hangs Onto Cert. After Bench Trial Loss
A Washington federal judge will keep a class of Milliman 401(k) plan participants intact despite rejecting their claims that Milliman mismanaged their retirement funds, after the lead plaintiff and the company agreed certification should be preserved as the court enters its final judgment.
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July 24, 2024
Connecticut Justices Won't Certify 'Slum' Tenant Class
A Connecticut state court judge was under no obligation to redefine a proposed class of low-income tenants in order to help them meet the certification requirements in a fraud and unfair trade practices lawsuit against their corporate landlord and property manager, the state Supreme Court hs ruled.
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July 24, 2024
Pa. Judge Won't 'Chase' Deadline-Flouting ADA Case Attys
A Pennsylvania federal judge on Wednesday told attorneys in an Americans with Disabilities Act case against Tommy Bahama that he wasn't going to "chase" lawyers flouting scheduling orders, warning that the consequences might hurt more than just complying with the plan.
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July 24, 2024
Last Holdouts Avoid Trial With Deal Over Chicken Price-Fixing
Chicken buyer plaintiffs say they've reached a settlement with Mountaire Farms and Koch Foods in their suit against the country's biggest broiler chicken producers for allegedly conspiring to raise prices, telling an Illinois federal judge to call off the trial that had been scheduled for September.
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July 24, 2024
Legal Tech Co.'s $1.3M Data Privacy Deal Gets OK'd
A Kansas federal judge granted preliminary approval to a proposed $1.3 million settlement between a data and professional services company catering to law firms and a class of thousands of its customers and employees, who said their personal information was stolen in a March 2023 data breach that exposed 200 gigabytes of sensitive information.
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July 24, 2024
ICE Contractor Hit With Class Action Over Family Separations
A father and son who were separated for six years under the Trump administration's policy of "zero tolerance" for unlawful border crossings have brought a proposed class action against the private contractor responsible for transporting children, seeking to make it pay for the emotional trauma families have endured.
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July 24, 2024
3rd Circ. Revives Ex-Ricoh USA Workers' 401(k) Fee Suit
The Third Circuit on Wednesday reversed dismissal of a federal benefits lawsuit from former workers at Ricoh USA Inc. alleging their employee 401(k) plan paid excessive recordkeeping and administration fees, finding retirement mismanagement claims should proceed to discovery.
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July 24, 2024
Rising Star: Girard Sharp's Trevor T. Tan
Trevor T. Tan of Girard Sharp LLP helped secure a $54 million settlement for investors defrauded in a massive Ponzi scheme when he represented them in a lawsuit against a bank that was accused of abetting the fraud, earning him a spot among the class action law practitioners under age 40 honored by Law360 as Rising Stars.
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July 24, 2024
Red Lobster Accused Of Shorting Wages With Tip Credit
Red Lobster has not been paying its tipped employees all their wages owed, a worker claimed in a proposed collective action in Maryland federal court, saying the seafood chain made them perform excessive non-tip-generating work that drove their take-home pay below minimum wage.
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July 23, 2024
Meet The Lead Ozempic Lawyers
The recently deceased U.S. District Judge Gene E.K. Pratter this past spring appointed plaintiff leadership in litigation over Ozempic and similar drugs over allegations that the medications cause gastrointestinal issues. Here's who's who in the list of plaintiffs' leaders.
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July 23, 2024
Families Seek Class Cert. In Premera Teen Trans Care Case
The families of transgender teens are seeking class certification in a case accusing Premera Blue Cross of age and sex discrimination after denying coverage for gender-affirming chest surgery because the teens are under 18, according to a motion filed in Washington federal court.
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July 23, 2024
Chancery Ends Challenge To $12.5B Qualtrics' SAP Sale
Saying it was not reasonably conceivable that he would find software giant SAP and Qualtrics International Inc. directors liable for damages after Qualtrics' $12.5 billion sale to Silver Lake Capital despite a superficially better offer, a Delaware vice chancellor on Tuesday dismissed a stockholder challenge to the deal.
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July 23, 2024
Madonna Tells DC Judge Late Show Suit Already Failed In NY
Madonna and venue management company Monumental Sports & Entertainment asked a D.C. federal judge to toss a lawsuit claiming that the pop singer kept concert attendees waiting for hours before taking the stage in Washington, D.C., saying the proposed class action should fare no better than a similar suit in New York that was dropped last month.
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July 23, 2024
Mercedes-Benz Wants Defective Wheel Suit Tossed
Mercedes-Benz USA LLC is asking a Georgia federal judge to scrap a proposed class action over an allegedly defective wheel configuration on S580 sedans, arguing that a Nevada man's two punctured tires on a cross-country road trip aren't enough to support his claims.
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July 23, 2024
Judge Doubts CenturyLink Can Block Borrowed Allegations
A Colorado Court of Appeals panel Tuesday pressed an attorney for CenturyLink on why a shareholder can't use allegations borrowed from other cases in his own securities suit against the telecommunications company, with one judge saying that requiring plaintiff's counsel to speak to every witness would be going overboard.
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July 23, 2024
Cornell Tells High Court Not To Touch Workers' ERISA Suit
Cornell University urged the U.S. Supreme Court not to take up a class action accusing it of mismanaging its employees' retirement savings, saying it shouldn't disturb a Second Circuit ruling that found the workers leading the suit failed to show that Cornell's payments to its service providers involved self-dealing.
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July 23, 2024
Ill. City Says Reparations Opponents Have No Standing
The city of Evanston, Illinois, has urged a federal judge to toss a proposed class action alleging a 2020 housing reparation program in the city is discriminatory, saying the plaintiffs lack standing since they are not local residents and do not own property in Evanston.
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July 23, 2024
NC Meatpacking Co. Can Depose Workers In Wage Dispute
A North Carolina federal court has permitted a chicken processing company to question two workers as part of a wage suit against the wishes of a putative class of employees, saying the interrogation request didn't come too late.
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July 23, 2024
Ikea Sanctioned For Destroying Evidence In Age Bias Suit
A Pennsylvania federal judge hit furniture retailer Ikea with nearly $567,000 in sanctions on Tuesday for deleting emails requested for discovery in a suit filed by a putative class of store workers challenging company policies for alleged age discrimination.
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July 23, 2024
Amazon Fights To Arbitrate Sellers' Misclassification Claims
Amazon urged a California appellate panel on Tuesday to compel arbitration for individual claims from two sellers accusing the online retailer of misclassifying them as independent contractors, and to direct the trial court to toss their representative claims under the state's Private Attorneys General Act.
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July 23, 2024
Fiat Chrysler Escapes Damages, But Defect Finding Stands
Fiat Chrysler doesn't owe anything to consumers who sued it over allegedly faulty automatic head restraints in its vehicles, a Florida federal judge ruled, affirming a Fort Lauderdale jury's determination, but he declined to give the automaker a total win because it did violate the state's unfair trade law.
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July 23, 2024
'Let's Go Brandon' Coin Buyers Seek Class Cert.
Investors in the meme-inspired cryptocurrency LGBcoin sought class certification in a lawsuit alleging that prices for the token cratered after its much-hyped plan to sponsor the coin's eponymous NASCAR driver fell apart.
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July 23, 2024
Tax Foreclosure Kickback Suit Too Late, Mich. County Says
A Wayne County, Michigan, treasurer has argued in Michigan federal court that a putative class action accusing the county and other parties of engaging in a tax foreclosure and kickbacks scheme is time-barred.
Expert Analysis
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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.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.