Class Action

  • August 19, 2024

    Recipe Changing For NYC Restaurant Wage Suits

    After years of million-dollar settlements with their waiters and front-of-house staff, most of New York’s large restaurants have equipped themselves with attorneys and compliance pros to head off potential lawsuits, while mom-and-pop eateries often struggle to keep up with evolving wage and tipping rules.

  • August 19, 2024

    DTE Energy Looks To Sink Workers' Login Pay Suit

    Energy company DTE Energy told a Michigan federal court that customer service employees who sued it for unpaid off-the-clock work received more than double the minimum wage and that federal labor law preempts their breach of contract claims, arguing their suit can't stand.

  • August 16, 2024

    11th Circ. Partially Reverses Rental Car Co.'s Win In Fee Suit

    The Eleventh Circuit has revived a class of consumers' breach of contract claims against a Florida rental car company over allegedly deceptive damaged vehicle costs but affirmed a lower court's finding that the lead plaintiffs did not suffer any actual damages.

  • August 16, 2024

    49ers Can't Beat Data Breach Suit, But Damages In Question

    A California federal judge has rejected the San Francisco 49ers bid to toss a proposed class action claiming that the NFL team didn't protect 20,000 current and former employees' personal information from hackers, but he said a filing issue could put California Consumer Privacy Act statutory damages out of reach.

  • August 16, 2024

    TikTok Nonusers Fight Uphill For 100M-Member Privacy Class

    A California federal judge on Friday tentatively declined to certify a class of over 100 million nonusers of TikTok over allegations it illegally scraped their personal data from third-party websites, noting the "extraordinary" class size and questioning whether the plaintiffs have shown their injuries are typical of the proposed class.

  • August 16, 2024

    CDK's $100M Deal Puts Auto Dealer Settlements Up To $130M

    Car dealerships sought preliminary approval Friday for a $100 million class action settlement resolving claims that auto dealer data management software giant CDK Global anticompetitively locked out rival data companies, adding to the $29.5 million agreement reached previously in the sprawling litigation with CDK peer Reynolds and Reynolds.

  • August 16, 2024

    Intuit Decision Shows 401(k) Forfeiture Suits Gaining Traction

    A California federal judge's recent decision refusing to toss a federal benefits lawsuit alleging Intuit misspent 401(k) plan forfeitures shows how a novel pleading under the Employee Retirement Income Security Act has gained a foothold in some district courts, attorneys say. Here's a rundown with attorneys on the Intuit ruling and what to expect as more large employers are being targeted with proposed class action litigation challenging 401(k) forfeiture spending.

  • August 16, 2024

    LifePoint Stiffed Workers On Retirement Savings, Suit Says

    LifePoint Health Inc. cost workers millions by failing to use forfeited funds in the company's $2.4 billion retirement plan to cut expenses and instead used the money to subsidize its own contributions, according to a suit plan participants filed in Tennessee federal court.

  • August 16, 2024

    PepsiCo Can't Nix Suit Over Gatorade Bars' 'Health Halo'

    A California federal judge trimmed but declined to toss a putative consumer class action alleging PepsiCo created a "deceptive health halo" around its Gatorade brand protein bars, ruling that three self-proclaimed fitness enthusiasts plausibly alleged reasonable consumers could be misled by the company's marketing, ads and labels.

  • August 16, 2024

    Ex-Twitter Workers Seek Conditional Cert. In Age Bias Suit

    Counsel for a former Twitter employee urged a California federal judge at a hearing Friday to conditionally certify a proposed age discrimination collective action on behalf of workers 50 and older who were fired after Elon Musk acquired the company, pointing to Musk's remarks as evidence of bias.

  • August 16, 2024

    Nikola, Romeo Power Targeted In Del. Derivative Complaint

    A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.

  • August 16, 2024

    Shaq Must Face Trimmed Suit Over Astrals Project NFTs

    Basketball Hall of Famer Shaquille O'Neal can escape some, but not all, claims in a proposed class action alleging his promotion of Astrals Project nonfungible tokens violated securities laws by marketing unregistered digital assets, a Florida federal judge ruled Friday.

  • August 16, 2024

    Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated

    Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.

  • August 16, 2024

    Calif. State Court Tosses Antitrust Case Against MultiPlan

    A California state court has tossed a suit accusing MultiPlan Inc. of violating antitrust law through pricing tools used by health insurance providers, similar to claims being made in multidistrict litigation that were recently centralized in Illinois federal court.

  • August 16, 2024

    Servers Get Partial Win In Tip Suit Against Restaurant Chain

    Servers claiming a restaurant chain violated tip credit regulations can snag a partial win in their suit, an Ohio federal judge ruled, saying they performed enough untipped work, but they didn't spend enough time performing tip-supporting tasks.

  • August 16, 2024

    Carpenters Union Healthcare Plan Seeks To Ax Worker's Suit

    A Carpenters-represented worker who lost health insurance once the union's healthcare plan stopped working with his employer lacks standing to sue the plan, the plan and its trustees argued in California federal court, suggesting the worker raise the issue with his employer or the union itself.

  • August 16, 2024

    Ex-Worker Says Toshiba Unit's Laxity Led To 3-Month Breach

    A onetime employee of Toshiba America Business Solutions Inc., a U.S.-based subsidiary of Japanese electronics company Toshiba, has filed a proposed class action against his former employer claiming his personal information was stolen in a data breach made possible by the company's negligence.

  • 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.

Expert Analysis

  • 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.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Opinion

    California Has A Duty To Curtail Frivolous CIPA Suits

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    As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 4 Ways Businesses Can Address Threat Of Mass Arbitration

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    Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.

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