Class Action

  • August 27, 2024

    No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says

    The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.

  • August 27, 2024

    Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit

    Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed for by putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.

  • August 27, 2024

    Tile, Stalking Victims Asked To Weigh In On Appellate Ruling

    A San Francisco federal judge mulling tracking device manufacturer Tile Inc.'s bid to arbitrate some claims that its Bluetooth trackers are dangerous because they empower stalkers asked the parties at a hearing Tuesday to brief her on the effect of a recent California appellate court decision regarding arbitrability.

  • August 27, 2024

    Electric Jet Co. Grounds Investor Suit Over SPAC Disclosures

    Investors in German aerospace company Lilium have failed to adequately allege that the company lied about its electric jet production efforts as it went through a $3.3 billion go-public merger with a special purpose acquisition company, a Florida federal judge determined in permanently tossing the suit.

  • August 27, 2024

    Capital One Accused Of Selling Account Data To Meta, Google

    A group of Golden State consumers have hit Capital One Financial Corp. with a proposed class action in California federal court, alleging that the financial giant surreptitiously disclosed the personal financial information of millions of consumers to Meta Platforms Inc., Google LLC, Microsoft Corp. and other third parties without consumers' consent.

  • August 27, 2024

    Mobile Game Co. Pushes For Arbitration Of Deceptive Claims

    Papaya Gaming has asked a New York federal court to send a proposed class action accusing the Israeli mobile game developer of false advertising and deceptive practices to arbitration, saying the lead plaintiff agreed to arbitrate any disputes when she first created her account.

  • August 27, 2024

    Reddit Beats Pay-Per-Click Advertising Class Action, For Now

    Reddit Inc. has defeated, for now, LevelFields Inc.'s proposed contract breach class action alleging that it charged advertising customers for fake "clicks" that didn't result in corresponding traffic to the advertiser's website after a California federal judge said Tuesday that the plaintiff doesn't identify specific contractual provisions it thinks Reddit violated. 

  • August 27, 2024

    NY Pension Funds Join Illumina Deal Suit Pile-On In Del.

    New York state's retirement system and fund have added a new derivative suit to widening stockholder litigation over Illumina Inc.'s $8 billion reacquisition of cancer testing company Grail Inc. despite European Commission regulatory agency opposition.

  • August 27, 2024

    Baby Sound Machine Co. Sued Over Shock Hazard Recall

    A parent has launched a proposed class action against Hatch, a California-based manufacturer of sound machines for sleeping, claiming its plugs can shock users.

  • August 27, 2024

    Self-Driving Truck Co. Inks $189M Deal To End Investor Suit

    Self-driving trucking company TuSimple Holdings Inc. has agreed to pay $189 million to settle a class action lawsuit alleging it misled investors about its safety record and payments to a Chinese rival that opened it up to U.S. government investigations, according to a filing in California federal court.

  • August 27, 2024

    Deutsche Bank, Rabo Beat Antitrust Suit Over Euro Bonds

    A New York federal judge has tossed an antitrust suit against Deutsche Bank AG and Rabo Securities USA, alleging they conspired to fix the price of European government-issued euro-dominated bonds sold throughout the U.S. between 2005 and 2016, saying the plaintiffs lack standing.

  • August 27, 2024

    Bank Seeks To End Claims It Mismanaged Treasury Program

    A bank is seeking to permanently dismiss a suit accusing it of misleading an investor about its oversight of a U.S. Department of Treasury contract, saying despite amending its case three times, the investor hasn't connected any sustained stock loss to contract issues.

  • August 27, 2024

    2nd Circ. Urged To Reject Preemption Defense In BofA Row

    The Second Circuit should join fellow federal courts in finding that a New York statute requiring all banks to pay at least 2% interest on mortgage-escrow accounts isn't preempted, a former Bank of America mortgage customer has told the appeals court following the U.S. Supreme Court's remand of the matter.

  • August 27, 2024

    No 'Novella' Briefs In Alexa Privacy Suit, Judge Tells Amazon

    Amazon will not be allowed to file a "novella"-length summary judgment motion in a proposed class action by unregistered Alexa users alleging that they were illegally recorded, a Seattle federal judge has ruled, saying his experience has shown that more pages do not always mean a more comprehensive argument.

  • August 27, 2024

    Mich. Says Discovery Won't Save Dam Collapse Suits

    The state of Michigan has urged a judge to cut off discovery and end litigation over flooding caused by the collapse of the Edenville Dam, arguing that continuing to exchange information would be fruitless because it's already clear that the state didn't cause the disaster.

  • August 27, 2024

    Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed

    The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.

  • August 27, 2024

    Car-Sharing Co. Turo Accused Of Shirking Own Arb. Terms

    California-based car-sharing company Turo has been hit with a proposed class action in Illinois federal court claiming it violated its own terms of service by refusing to arbitrate consumers' disputes or pay its required portion of the arbitration filing fees.

  • August 27, 2024

    AT&T Tells Justices 9th Circ. Erred In Reviving 401(k) Suit

    AT&T urged the U.S. Supreme Court to review a Ninth Circuit ruling that upended its defeat of a class action alleging the company mismanaged its employee 401(k) plan, saying Tuesday the appeals court deepened a circuit split that threatens to cause chaos for plan administrators.

  • August 27, 2024

    Bank Customer Mistaken For Criminal Loses Class Cert. Bid

    A Pennsylvania federal judge has declined a former Capital One customer's bid to certify a proposed class action against a pair of compliance companies that allegedly mistook him for his criminally convicted son when creating an erroneous background report that, in turn, caused his credit accounts to be shut down.

  • August 27, 2024

    Salesforce To Pay $1.35M To 50K-Plus ERISA Class

    Salesforce will pay $1.35 million to more than 50,000 employees who accused the company, its board and its investment committee of violating the Employee Income Retirement and Security Act by picking expensive investment options and underperforming funds, according to a preliminary approval motion filed in California federal court.

  • August 27, 2024

    Deceptive Coppertone Label Suit Tossed From Conn. Court

    Consumers who filed suit against the makers of Coppertone sunscreen have agreed to drop their proposed class action claiming its "Face 50" Sports Mineral sunscreen was deceptively advertised, according to an order issued Monday in Connecticut federal court.

  • August 27, 2024

    Travel Co. Inks $1.7M Deal To End 401(k) Mismanagement Suit

    A travel company has agreed to pay $1.7 million to end a Nevada federal lawsuit alleging it loaded down its workers' $370 million 401(k) plan with excessive recordkeeping fees and costly investment funds in violation of its fiduciary duties under federal benefits law.

  • August 27, 2024

    Google Privacy Class Action Delays Irk Discovery Judge

    A California federal judge expressed frustration Tuesday with discovery delays in a years-old class action alleging Google Assistant-enabled devices surreptitiously recorded conversations, telling attorneys they've already "been around and around and around" on discovery fights, and "we need to keep this moving."

  • August 27, 2024

    Connecticut Litigation To Watch In The 2nd Half Of 2024

    The Connecticut state and federal courts will grapple with a number of closely watched cases during the second half of 2024, including three key lawsuits by state Attorney General William Tong.

  • August 27, 2024

    Global Payments' $3.6M Deal Gets Initial OK

    A Georgia federal judge has given preliminary approval to a $3.6 million deal between Atlanta-based Global Payments Inc. and investors who allege a subsidiary of the payment tech company "tricked" consumers into signing up for a program that had undisclosed fees.

Expert Analysis

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Crypto Gatekeepers May Be The Next Front Of Enforcement

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    Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • What To Expect From CFPB And DOT Card Rewards Inquiry

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    Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opting In To CIPA Risk Mitigation After New Precedent

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    A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.

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