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Class Action
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February 25, 2025
9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit
The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.
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February 25, 2025
How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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February 25, 2025
Horse-Racing Co.'s 'Unregistered' NFTs Cost Gains, Suit Says
A nonfungible token project that once allowed users to invest in virtual versions of real-life racehorses is caught in a proposed class action from an investor who alleges that "Game of Silks" failed to register its tokens as securities and disclose key information to buyers before it collapsed.
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February 25, 2025
Primary Sponsor Of Del.'s Corporate Law Rework Defends Bill
Delaware Senate Majority Leader Bryan Townsend cited the "urgency of the moment" Tuesday during an interview with Law360 on fast-tracking proposed amendments to the state's General Corporation Law, aimed at increasing protections from liability for directors, officers and controlling stockholders in an effort to stem a feared corporate exodus from The First State.
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February 25, 2025
Cannabis Cos. Want THC Potency Suits Consolidated
About two dozen cannabis companies, including multistate operators like Columbia Care and Acreage, have urged an Illinois federal judge to consolidate a series of "nearly identical" proposed class actions accusing them of mislabeling their products to get around state-mandated THC potency limits, saying "there is no question" the suits "involve the same questions of law and fact."
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
Kroger Seeks More Sanctions For Prolific Consumer Atty
Kroger is urging an Illinois federal judge to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, citing his "history of filing frivolous lawsuits across the nation" and a "troubling pattern of recklessness and abuse of the federal judiciary" for which he has been sanctioned three other times.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Macquarie Investors Fight To Keep Stock-Drop Suit Alive
Investors accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business say that because the U.S. Supreme Court left most of their claims against the company intact, the district court should not grant dismissal on remand.
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February 25, 2025
Attys Seek $1.7M Fees For Union 401(k) Plan Case Settlement
Lawyers for two elevator company employees who settled a proposed class action against their union's retirement plan for $5 million asked a Pennsylvania federal judge to approve about $1.7 million in attorney fees, saying it represents the standard one-third fee dispensed in these cases.
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February 25, 2025
Elon Musk Hid True Nature Of PAC's $1M Giveaway, Atty Says
An attorney and Michigan resident said Elon Musk misled the public about his $1 million election giveaway because he failed to disclose that winners were picked based on their conservative political views and other hidden criteria, telling a federal judge on Monday not to toss their suit.
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February 25, 2025
Customers Say Doxim Breach Exposed Bank Data To Hackers
Credit union customers claim a data breach at software-as-a-service company Doxim Inc. caused their valuable personal information to be available for sale on the dark web and that they've spent time and money mitigating fraud risk, arguing Monday they have demonstrated sufficient harm to support their class action.
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February 25, 2025
Pa. Health System Strikes Deal To Exit Workers' OT Suit
A Pennsylvania health system reached a deal Tuesday to resolve a proposed class action accusing it of stiffing unionized hospital workers on overtime wages, according to a report filed in federal court announcing a successful mediation.
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February 25, 2025
Justices Limit 'Prevailing Party' Status For Atty Fees
Litigants will no longer be considered the "prevailing party" — and thus won't be eligible for attorney fees — if they achieve courtroom victories via preliminary injunction instead of a final judgment, the U.S. Supreme Court has found, in a ruling that's expected to be a blow to legal advocacy groups.
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February 25, 2025
Referral Co. Barred From $5.54B Swipe Fee MDL Settlement
A New York federal judge has blocked a referral partner of a claims filing service from any role in the $5.54 billion settlement of long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees, after the referral partner allegedly improperly used class member information to submit claims.
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February 25, 2025
Apple Exploited App Market, Developers Say In £1.5B Trial
Apple was accused Tuesday in a £1.5 billion ($1.9 billion) London competition trial of charging app developers excessively high commissions even when they willingly agreed to pay them, in closing arguments of the first U.K. class action trial against a Big Tech company.
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February 24, 2025
9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal
The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.
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February 24, 2025
Mining Co. Hit With Derivative Suit Over Stock Repurchases
A shareholder of Newmont Corp. has sued the Colorado-based gold mining company's top brass, alleging they misrepresented financial information that artificially inflated stock prices and caused the company to overpay for repurchases of its own stock, among other things.
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February 24, 2025
Bigelow Says Class Trial Is On 'Road To Nowhere'
Counsel for R.C. Bigelow Inc. urged a California federal judge Monday to call off an upcoming class action damages trial over the tea-maker's "manufactured in the USA" labels, saying the proceeding would be a "road to nowhere" because of fatally flawed sales data.
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February 24, 2025
Baby Bottle Cos. Get Parts Of Microplastics Suit Tossed
Parents who sued Philips over allegations that microplastics leach from its "BPA free" baby bottles and sippy cups saw their lawsuit partially trimmed, after a California federal judge said that the company's label isn't misleading because it doesn't promise the products are "devoid of all harmful plastic."
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February 24, 2025
Norfolk Southern's Tank Car Co. Liability Claims Head To Trial
An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.
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February 24, 2025
Investor Settles In $2.1B Danish Tax Fraud Case
A U.S. investor who was among those accused by Denmark's tax agency of participating in a $2.1 billion tax fraud scheme related to fraudulently claiming refunds on tax withheld from stock dividends has reached a settlement, according to New York federal court documents filed Monday.
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February 24, 2025
Colo. Justices Toss Student's COVID Refund Class Action
A Colorado State University student seeking classwide fee refunds for campus shutdowns during the coronavirus pandemic can't allege unjust enrichment after her breach of contract claims were tossed, according to a state Supreme Court decision Monday that found the student's position would "obliterate the difference" between the two claims.
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February 24, 2025
Placement Co. Hit With False Ads Suit Over Referral Model
A company that places senior citizens in retirement homes was hit with proposed class claims alleging it falsely advertises free services and steers business away from communities that decline to participate in its "pay-to-play" business model.
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February 24, 2025
DraftKings Rips 'Flawed' Privacy Suit Over Meta Tracking Pixel
DraftKings Inc. wants a New York federal judge to toss a "fundamentally flawed" suit that accuses the company of disclosing customer information to third parties for targeted advertising, arguing the plaintiff is attempting to expand the Video Privacy Protection Act beyond its intended purpose.
Expert Analysis
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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How Labeling And Testing May Help Reduce PFAS Litigation
As regulators take steps to reduce consumers’ exposure to per- and polyfluoroalkyl substances, also known as forever chemicals, companies can take a proactive approach to mitigating litigation risks not only by labeling their products transparently, but also by complying with testing and marketing standards, says Sarah La Pearl at Segal McCambridge.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility
The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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New Employer Liability Risks In Old Ill. Genetic Privacy Law
Illinois’ Genetic Information Privacy Act has been litigated very sparsely, but two recent federal court decisions — Taylor v. Union Pacific and McKnight v. United Airlines — holding that preemployment family medical history questions violated the 1998 law may encourage more lawsuits, say Peter Berk and Madison Shepley at Clark Hill.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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Opinion
3rd. Circ. Got It Right On Cancer Warning Claims Preemption
The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.