Class Action

  • October 07, 2024

    Mich. Says Local Courts' ADA Compliance Is Not Its Job

    A proposed class of disabled attorneys lacks standing to pursue civil rights claims against Michigan alleging courthouses were inaccessible, the state has told a federal judge, arguing it is not responsible for local facilities and is otherwise protected by sovereign immunity under state disability laws.

  • October 07, 2024

    College Tennis Player Can't Block NCAA Prize Money Rules

    NCAA rules restricting college athletes from earning prize money in outside competitions will remain in effect during a University of North Carolina tennis player's antitrust suit after a federal judge cast doubt on the strength of the case.

  • October 07, 2024

    Apple, Amazon Urge Sanctions For Absent Antitrust Plaintiff

    A no-show named plaintiff should be sanctioned for ignoring discovery obligations in a putative antitrust class action over Apple and Amazon's third-party vendor restrictions for iPhone and iPad sales, the two tech giants have told a Washington federal judge.

  • October 07, 2024

    NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement

    A California federal judge on Monday preliminarily approved the NCAA's revised $2.78 billion antitrust settlement with athletes suing over the organization's name, image and likeness compensation rules.

  • October 07, 2024

    Mass. High Court Reluctant To Kill Lost Value Policy Exclusion

    Massachusetts' highest court on Monday appeared likely to reject a challenge to standard auto insurance policy language that excludes coverage for the dip in resale value of a vehicle after a crash.

  • October 07, 2024

    Steam Gamer Wants Sheppard Mullin Atty Back As Arbitrator

    A Los Angeles man who joined an antitrust action against Valve Corp., the company behind online video-game store Steam, has brought a petition in Los Angeles Superior Court seeking to reinstate a Sheppard Mullin lawyer as arbitrator for dozens of California litigants, arguing his disqualification came too late and was otherwise unfounded.

  • October 07, 2024

    6 High Court Cases To Watch For Trial Attorneys

    As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.

  • October 07, 2024

    High Court Passes On Warehouse Worker Arbitration Bid

    The U.S. Supreme Court refused on Monday to take up an appeal by a staffing agency that argued a worker who moved Adidas merchandise in a warehouse didn't fall under a federal exemption from arbitration requirements and should have his wage suit kicked out of court.

  • October 07, 2024

    Justices Seek Feds' Input On 10th Circ. PBM Preemption Fight

    The U.S. Supreme Court on Monday asked the federal government to weigh in on the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D.

  • October 07, 2024

    Class Members Who Missed Payout Won't Go Before Justices

    The U.S. Supreme Court won't hear a challenge to a secondary class action settlement distribution of more than $5 million from two class members in an airline price-fixing suit, denying their petition to review a Ninth Circuit ruling that the objectors lacked standing to question the distribution Monday.

  • October 07, 2024

    High Court Turns Away Case On Shareholder Opt-Out Rights

    The U.S. Supreme Court on Monday turned away a petition brought by an AMC Entertainment Holdings Inc. shareholder who asked the court to weigh in on whether a Delaware Court of Chancery judge violated her due process rights by blocking her from opting out of a settlement over the movie chain's controversial reverse stock split. 

  • October 07, 2024

    Justices Won't Take Up Poll Watchers' Fight Against Dominion

    The U.S. Supreme Court on Monday ended a group of Michigan poll watchers' efforts to revive their civil rights class action against Dominion Voting Systems, ending their claims they received letters demanding they stop defaming the company.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Mondelez, BCLP Ink $750K Deal To End Data Breach Suits

    Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.

  • October 04, 2024

    What's Up In Oral Arguments In High Court Pet Food Case

    The U.S. Supreme Court on Monday will hear arguments in a case involving allegations that Royal Canin USA Inc. and Nestlé Purina PetCare Co. falsely represented their products as prescriptions belongs in state or federal court. Here, Law360 takes a look at what's at stake in this case.

  • October 04, 2024

    Jury Finds Cognizant Biased Against Non-Indian Workers

    A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.

  • October 04, 2024

    JPML Agrees To Combine Snowflake, AT&T Data Breach MDLs

    The Judicial Panel on Multidistrict Litigation on Friday centralized a slew of cases stemming from high-profile data breaches affecting customers of the Snowflake Inc. cloud platform in the District of Montana, a transfer order that includes sprawling multidistrict litigation against AT&T, one of Snowflake's customers.

  • October 04, 2024

    Healthcare Co.'s Workers Get Cert. In OT Pay Row

    A Connecticut home healthcare logistics company and a former employee suing in federal court over its pay practices have agreed to conditionally certify a collective and dismiss most claims, leaving only a claim for payment of off-the-clock work.

  • October 04, 2024

    Evolve Bank Faces MDL Over Breach Of 7.6M Customers' Data

    Nearly two dozen proposed class actions accusing Evolve Bank & Trust of failing to adequately protect the personal information of 7.6 million customers from a cyberattack by a Russia-linked cybercrime gang will be centralized in Tennessee, the Judicial Panel on Multidistrict Litigation has ruled, expressing their confidence in the judge selected to preside over the MDL.

  • October 04, 2024

    Subaru Drivers Get Initial OK On Cracked Windshields Deal

    A class of at least a million Subaru customers received preliminary blessing from a New Jersey magistrate judge for a settlement that would end the five-year dispute and cover 100% or more out-of-pocket costs to fix or replace allegedly defective windshields that spontaneously cracked.

  • October 04, 2024

    Where Campus Protest Suits Stand 1 Year After Oct. 7 Attacks

    Almost immediately after Hamas' attack in Israel on Oct. 7, 2023 and the subsequent invasion of Gaza, colleges and universities became litigation targets of both sides of the conflict as protests unfolded on campuses throughout the United States.

  • October 04, 2024

    Amazon Consumers Want In On FTC Antitrust Econ Primer

    Consumers bringing proposed class claims against Amazon over its seller contracts have asked a Washington federal judge to let them join an upcoming "economics day hearing" in the Federal Trade Commission's case accusing the e-commerce giant of similar antitrust violations, saying experts will be addressing overlapping competition issues.

  • October 04, 2024

    Credit Suisse Investors Joust Over Bids To Be Class Leader

    A Credit Suisse investor in a class action alleging the bank misled investors about its condition in the run-up to its collapse and takeover by UBS has asked a New York federal judge to toss the current lead plaintiff in favor of himself, while the current lead plaintiff shot back with an opposition.

  • October 04, 2024

    Antitrust Groups Ask 9th Circ. To Revive Price-Fixing Suit

    Three antitrust advocacy groups asked the Ninth Circuit to resuscitate a proposed class action accusing several hotel operators and two software companies in Nevada federal court of engaging in a price-fixing scheme involving algorithmic software.

  • October 04, 2024

    Meta Investors Seek Sanctions Over Execs' Deleted Emails

    Meta Platforms Inc. shareholders suing over the Facebook Cambridge Analytica data scandal urged a Delaware Chancery Court Thursday to sanction Meta board members Jeffrey Zients and Sheryl Sandberg for allegedly spoiling evidence by using their personal email accounts to discuss the scandal and then deleting large portions of their correspondence.

Expert Analysis

  • Antitrust Ruling Shows Limits Of US Law's Global Reach

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    Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.

  • Overdraft Opt-In Practices Hold Risks For Banks

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    A recent Consumer Financial Protection Bureau action against Atlantic Union Bank regarding overdraft opt-in sales practices highlights compliance risks that financial institutions must be aware of, especially when enrolling customers by phone, says Kristen Larson at Ballard Spahr.

  • And Now A Word From The Panel: Benefits Of MDL Transfers

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    A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.

  • An Overview Of Key Financing Documents In Venture Capital

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    The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • How Activision Ruling Favors M&A Formalities Over Practice

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    The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

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    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Opinion

    Proposed MDL Management Rule Needs Refining

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    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.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    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.

  • 2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.

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    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.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    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.

  • Class Actions At The Circuit Courts: March Lessons

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    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.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    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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