Class Action

  • August 16, 2024

    Challenge To SEC Database Not Too Late, Investors Argue

    The Texas investors suing the U.S. Securities and Exchange Commission to stop the collection of trading information through a central database have hit back against the agency's arguments that the lawsuit was filed 12 years too late, saying they have ongoing concerns that their private information could be compromised.

  • August 16, 2024

    2nd Circ. Finds Walgreens Supplement False Ad Suit Preempted

    The Second Circuit on Friday backed Walgreen Co. and International Vitamin Corp.'s win over a proposed class action alleging that a glucosamine supplement was mislabeled, finding the lower court was right to find the plaintiff's claims were preempted by federal law.

  • August 16, 2024

    9th Circ. Keeps Part Of Block On Calif. Kids' Privacy Law

    The Ninth Circuit on Friday refused to completely scrap an injunction halting a groundbreaking new California law requiring social media platforms to bolster privacy protections for children, finding that a tech trade group was "likely to succeed" on its argument that the mandate for companies to identify and address potential risks to minors violates the First Amendment.

  • August 16, 2024

    7th Circ. Limits Collectives' Reach In H-2A Workers' OT Case

    Collective suits are similar to mass actions consolidating individual cases, a split Seventh Circuit panel found Friday, ruling in a Fair Labor Standards Act overtime suit from H-2A temporary agricultural workers that a court needs to establish jurisdiction over each member of the collective.

  • August 16, 2024

    Walgreens Didn't Disclose PFAS In Bandages, Shopper Says

    Walgreens' parent company has been hit with a proposed class suit in Illinois state court claiming the pharmacy retailer illegally markets its flexible fabric bandages as safe while hiding that they contain hazardous "forever chemicals" that are dangerous to human health.

  • August 16, 2024

    No More Info For Camp Lejeune Plaintiffs, Gov't Says

    The federal government has told a North Carolina court that a motion by the Camp Lejeune litigants to compel more information should be denied, since it has already produced nearly 23 million pages that cover half a dozen federal agencies and decades of data.

  • August 16, 2024

    Gunster Aims To Erase Data Breach Suit In Florida

    Gunster Yoakley & Stewart PA has asked a Florida federal court to toss a proposed class action related to a data breach in 2022, arguing that the former client failed to state actual damages sustained by the potential class due to the cybersecurity incident.

  • August 16, 2024

    Ford Says $1.7B Loss Blocks Punitives In Rollover Suit

    Ford Motor Co. is asking a Georgia federal court to throw out a bid for punitive damages from the children of a couple who died in a rollover crash, saying punitive damages in a prior $1.7 billion loss in a similar suit bars the claim.

  • August 16, 2024

    Workers Nab Class Status In Dish Network 401(k) Row

    A Colorado federal judge granted a group of workers class certification in their suit alleging Dish Network mismanaged its retirement fund and cost participants millions in savings by failing to snip an underperforming Fidelity Freedom Fund target date suite from the plan.

  • August 16, 2024

    OT Suit Against Ohio Healthcare Co. Heads To Mediation

    An Ohio healthcare company and a nurse alleging it unlawfully deducted wages for meal breaks she was unable to take agreed to mediate her proposed collective overtime claims, according to court documents.

  • August 16, 2024

    Ex-Genworth Financial Workers Nab Class Cert. In 401(k) Suit

    A Virginia federal judge approved a nearly 4,000-member class of Genworth Financial Inc. 401(k) plan participants who claimed they lost millions of dollars in retirement savings because of underperforming BlackRock target-date funds, rejecting the insurance company's assertion that potential class members had conflicting interests.

  • August 16, 2024

    Pa. Energy Fund Ducks Class Claims Over Data Breach

    A federal judge trimmed most of the claims from a data breach lawsuit against Dollar Energy Fund Inc., including those of a plaintiff seeking to represent similarly situated customers whose personal information was stolen but not yet used.

  • August 16, 2024

    Attys Eye $10.5M In Fees From Pegasystems Securities Deal

    Attorneys for lead plaintiffs in a shareholder class action against Pegasystems are seeking $10.5 million in attorney fees from the $35 million settlement that ended claims that the software company failed to properly disclose a rival's trade secret litigation that led to a since-vacated $2 billion verdict.

  • August 16, 2024

    Connecticut Litigation Highlights Of 2024: A Midyear Report

    Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of Frontier Communications' $21.8 million feud with its ex-CEO and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged that anticompetitive no-poach agreements prevented them from advancing their careers.

  • August 15, 2024

    Talc Jury Delivers $63M Verdict Against J&J, Beauty Care Co.

    A South Carolina jury awarded a cancer patient more than $63 million Thursday after he said he developed terminal lung cancer from breathing in asbestos during daily use of Johnson & Johnson's talc-based baby powder.

  • August 15, 2024

    Amicus Beef: Judiciary Kicks Off Heated Transparency Debate

    The federal judiciary's main policy panel Thursday floated a major overhaul of mandatory financial disclosures in appellate amicus briefs, a move that's being fueled by perceptions of shadowy "judicial lobbying" and already coming under siege by big business.

  • August 15, 2024

    Uber Gets Most Claims Tossed In Driver Assault MDL, For Now

    A California federal judge on Thursday threw out the majority of claims from California and Texas Uber riders in multidistrict litigation that aims to hold the ride-hailing company liable for their sexual assaults; however, the judge gave the plaintiffs the opportunity to amend those claims.

  • August 15, 2024

    Tom Girardi Has Dementia, USC Neurologist Tells Calif. Jury

    A University of Southern California neurology professor testified Thursday in Tom Girardi's California federal criminal trial that she diagnosed him with mild-to-moderate dementia months after his law firm collapsed, although the lawyer insisted at the time that his memory was fine and that he was still busily working at his firm.

  • August 15, 2024

    Honda Slams 'Grossly Excessive' Atty Fee Bid In Defect Deal

    Honda urged a California federal judge on Thursday to reject a $10.8 million fee request in a consumer settlement that's paid out just $540,000 to Acura car owners with a purported hands-free calling battery-draining defect, blasting the amount as "grossly excessive" under the Ninth Circuit's recent Lowery decision.

  • August 15, 2024

    Investing Website Isn't An Investment Adviser, Court Says

    A New York federal judge ruled Thursday that an exclusion to the Investment Advisers Act applies to the investing analysis website Seeking Alpha, dismissing a proposed class action from subscribers who accused the site of serving as an unregistered investment adviser and unlawfully collecting subscription fees.

  • August 15, 2024

    Nvidia Illegally Scraped Videos To Train AI, YouTuber Says

    Artifical intelligence technology titan Nvidia Corp. has been collecting millions of YouTube videos without creators' permission and using them to train its deep-learning AI software, according to a proposed class action filed Wednesday in California federal court.

  • August 15, 2024

    Judge Rejects GE's Bid To Pull Plug On Contamination Suit

    A Louisiana federal judge on Wednesday refused to let General Electric escape a lawsuit alleging it is liable for widespread environmental contamination caused by a now-closed pressure valve manufacturing facility that GE used to own.

  • August 15, 2024

    Yearbook Site Has 'Tortured View' Of Suit Waiver, Judge Says

    A Washington federal judge criticized the company behind Classmates.com on Thursday for arguing someone could've waived their right to sue the company for using their photo without ever visiting the website, calling it a "tortured view" of the Terms of Services language.

  • August 15, 2024

    Monsanto Gets 3rd Circ. Win In Roundup Failure-To-Warn Case

    The Third Circuit ruled Thursday that a Pennsylvania state law failure-to-warn claim in a suit alleging the weed killer Roundup caused a Keystone State man's cancer is preempted by federal law, creating a circuit split on central issues in multidistrict litigation over the Monsanto product.

  • August 15, 2024

    Zymergen Investors Can't Beat Suit Over Pre-IPO Statements

    Three of the largest investors of biotechnology company Zymergen cannot escape a suit accusing them of misleading shareholders ahead of the company's initial public offering by approving misstatements about the company's commercial product pipeline.

Expert Analysis

  • Roundup

    After Chevron

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    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.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    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.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    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.

  • Class Actions At The Circuit Courts: June Lessons

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    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.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • Arbitration Implications Of High Court Coinbase Ruling

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    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.

  • Opinion

    No Matter The Purdue Ruling, Mass Tort Reform Is Needed

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    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.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

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