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Class Action
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July 08, 2024
Holland & Hart Dodges Deposition Order In Discovery Spat
A Washington federal judge said from the bench Monday that she would not order the deposition of High 5 Games LLC's defense team for alleged discovery misconduct in a class action accusing the company of targeting gambling addicts, ruling the depositions were not crucial to make a case for sanctions.
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July 08, 2024
CFPB Backs Bank In Ill. Customer's 'Schumer Box' Suit
The Consumer Financial Protection Bureau has thrown its support behind an Illinois bank in litigation over allegedly lacking repayment disclosures in its customer credit statements, saying the regulation at issue does not apply to the plaintiff's form of credit.
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July 08, 2024
Albertsons Looks To Toss 'Naturally Flavored' Cereal Bar Suit
Grocery store chain Albertsons on Monday urged a California federal judge to throw out a proposed class action alleging that it falsely labels its Signature Select cereal bars as "naturally flavored" despite their containing artificial malic acid, saying the packaging, which doesn't claim the bars are free from artificial ingredients, wouldn't mislead reasonable consumers.
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July 08, 2024
UnitedHealth Brass Face Investor Suit Over Merger Probe
Executives and directors of UnitedHealth Group were hit on Monday with a shareholder derivative suit alleging they concealed that the U.S. Department of Justice reopened an antitrust investigation into the health insurance giant following its acquisition of a healthcare data company and that its brass knowingly sold more than $100 million of shares before the information was publicly revealed.
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July 08, 2024
Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win
A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.
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July 08, 2024
Migrants Want Another Try In Martha's Vineyard Flight Suit
Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.
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July 08, 2024
Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told
Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.
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July 08, 2024
American Airlines Faces New Claim In ADA Suit Over Firings
An HIV-positive former flight attendant suing American Airlines over his firing for taking leaves has added as a plaintiff a fellow ex-attendant who claims she was terminated for taking time off to deal with health issues wrought by poor work conditions.
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July 08, 2024
Hyundai, Kia Parent Cos. Escape MDL Over Car-Theft Wave
The South Korean parent companies of Hyundai and Kia do not belong in a multidistrict litigation over a nationwide wave of car thefts following a TikTok trend popularizing tips for breaking into their vehicles, a California federal court said, finding no personal jurisdiction over the foreign entities.
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July 08, 2024
Patient Says Health System Shares Data With Meta, Google
Henry Ford Health in Michigan was hit with a proposed class action Friday alleging that it shares patients' private health information with third parties such as Meta and Google by allowing the companies to have tracking software embedded in its website, including its patient portal, where sensitive health information is uploaded.
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July 08, 2024
Medical Device Co. SeaStar Sued Over Regulatory Disclosures
A healthcare holding company has been hit with a potential shareholder class action alleging it misled investors about the potential regulatory risks and compliance deficiencies associated with bringing its kidney disease treatment device to market, leading to share declines as the information emerged.
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July 08, 2024
Band-Aid Maker Hid Presence Of PFAS In Bandages, Suit Says
A New York woman slapped the maker of Band-Aid products with a proposed nationwide consumer class action on Friday in federal court, alleging that consumers weren't told of toxic "forever chemicals" in some bandages, which were marketed as made with safe materials.
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July 08, 2024
9th Circ. Denies Northrop Retirees' Bid For New Judge
A Ninth Circuit panel on Monday shot down Northrop Grumman pensioners' bid to have their proposed ERISA class action tried before another judge, after two different appellate court panels overturned a lower court judge's two previous dismissals in the matter.
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July 08, 2024
PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say
Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.
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July 08, 2024
Settlement Details Demanded In Insurer Data Breach Action
Following news of a settlement, a North Carolina federal judge ordered parties in a proposed data breach class action to tell the court the status of their agreement, after allegations that an insurance company's data breach led to the compromise of personal information for 64,000 people.
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July 08, 2024
Rite Aid Says Elixir Buyer In Contempt Over Liability Dispute
Bankrupt pharmacy chain Rite Aid has asked a New Jersey bankruptcy judge to find the purchaser of its prescription benefits subsidiary in contempt, saying the buyer is defying his orders by refusing to assume $200 million of the subsidiary's liabilities.
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July 08, 2024
Catching Up With Delaware's Chancery Court
Prince's heirs were left standing alone in a cold world last week after Delaware's Court of Chancery found their attempts to gain control of the late musician's estate too demanding. Delaware's court of equity also waved a wand for Walt Disney and slashed nearly $10 million from a damages award for Sears stockholders. In case you missed anything, here's a recap of all the latest news from Delaware's Chancery Court.
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July 08, 2024
Landowners Defend Wyo. Antitrust Claims Against Anadarko
Wyoming landowners accusing an Occidental Petroleum Corp. unit of antitrust behavior are urging a federal judge to reject its bid for a win on their state law claims as the case heads toward a trial.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 05, 2024
GitHub, OpenAI Get Developers' Copyright Claim Tossed
A California federal judge has trimmed software developers' suit claiming OpenAI and Microsoft's GitHub ripped off their source code to build artificial intelligence tools, axing their claim under the Digital Millennium Copyright Act, according to an order unsealed Friday.
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July 05, 2024
Antitrust Partner In Fatal Crash Remembered As A Mentor
Present and past colleagues this week remembered Molly Donovan, a partner at antitrust boutique Bona Law PC who died in a tragic accident earlier this month, as a powerhouse with an intricate understanding of antitrust matters who always maintained a positive outlook no matter what the status of a case.
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July 05, 2024
Peloton Must Face Wiretapping Suit Over AI-Training Chat Tool
A California federal judge refused Friday to toss a proposed class action alleging Peloton uses third-party software Drift to secretly eavesdrop on its website users' communications through its chat box function, ruling that the complaint plausibly alleges Drift functions as a third-party eavesdropper and uses intercepted communications to train artificial-intelligence tools.
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July 05, 2024
NFL Moves To Undo 'Runaway' $4.7B Sunday Ticket Verdict
The NFL urged a California judge Wednesday to cancel a jury's blockbuster $4.7 billion verdict that found it violated antitrust laws with its DirecTV Sunday Ticket package, saying the "irrational" award didn't match any of the damages models jurors were presented and confirms that the plaintiffs failed to prove their case.
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July 05, 2024
9th Circ. Backs Remand Of Cedars-Sinai Patient Data Suits
The Ninth Circuit held Friday that a trio of proposed class actions accusing Cedars-Sinai of improperly sharing patients' personal information with tech companies indeed belong in California state court, agreeing with a lower court that the health provider wasn't acting at the direction of the federal government.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
Expert Analysis
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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Steps To Reduce CIPA Litigation Risks For Companies
As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.
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3 Notification Pitfalls To Avoid With Arbitration Provisions
In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.
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Handling Neurodivergence As The Basis Of Disability Claims
Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.
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Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.