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Class Action
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September 12, 2024
Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction
The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.
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September 12, 2024
Beasley Sues Fellow Talc Firms Over Joint Venture Gone Awry
Beasley Allen is going after its law firm partner in a joint venture that has represented thousands in talcum powder litigation against Johnson & Johnson, claiming in a new federal lawsuit that the firm is partially responsible for more than $1 million in owed expenses and, driven by its own financial woes, has unilaterally been negotiating with the pharmaceutical giant to the detriment of clients.
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September 12, 2024
Tesco Cannot Rehire Workers To Cut Pay, Top UK Court Rules
Retail giant Tesco's decision to fire and rehire warehouse workers to remove what it described as a "permanent" pay supplement was a violation of their employment contracts, the U.K. Supreme Court ruled Thursday.
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit
A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.
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September 11, 2024
Cedars-Sinai Workers Seek Class In Retirement Plan Case
A pair of former Cedars-Sinai Medical Center Inc. workers asked a California federal judge to greenlight a 16,000-person class in a lawsuit claiming their retirement plan was burdened with excessive fees and subpar investment options.
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September 11, 2024
Indivior, Reckitt Benckiser Units Freed From Suboxone MDL
An Ohio federal judge cut Indivior PLC and two Reckitt Benckiser entities loose from multidistrict litigation alleging opioid addiction treatment Suboxone caused dental decay, formalizing an agreement the parties forged in recent weeks.
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September 11, 2024
Health Co. Owes $65M For Breach Of Medical Data, Nude Pics
Pennsylvania-based healthcare company Lehigh Valley Health Network will pay $65 million to individuals who had their private information, including cancer patients' nude images, exposed in a data breach, the plaintiffs' lawyers announced Wednesday.
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September 11, 2024
Nurse Says Hospital Rounding Policy Stole Her Wages
A hospital nurse filed a proposed class and collective action Tuesday claiming she was stiffed of her wages because of the hospital system's unlawful timekeeping rounding practices and an obligation to be on-call even during meal breaks.
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September 11, 2024
Sidley, Other Attys Get $850K In Fees For Migrant Family Suit
A California federal judge signed off on $850,000 in legal fees for Sidley Austin LLP's and Public Counsel's work advising plaintiffs in a class action that saw the federal government ordered to provide mental health treatment for migrant families separated at the border.
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September 11, 2024
Jones Day Litigators Jump To Holland & Knight In Mexico City
Holland & Knight LLP has hired two lawyers from Jones Day for its Mexico City office, where they will handle a sharp increase in litigation and arbitration cases in the country.
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September 10, 2024
Call Center Worker Says She Was Stiffed Boot-Up Time Pay
A customer service call center worker filed a proposed class and collective action claiming she was denied wages for boot-up time, according to a complaint filed in Michigan federal court.
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September 10, 2024
Atlanta Consultant Didn't Deal With Cyber Hackers, Suit Says
An Atlanta-based insurance industry consulting firm failed to negotiate with hackers and didn't pay a ransom to protect user data after its network was compromised, despite promises to keep customer information safe, according to a proposed class action filed Tuesday.
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September 10, 2024
Natixis Worker Class Headed To Trial In 401(k) Suit
Natixis will have to go to trial over workers' claims that it mismanaged their investment funds, according to a Massachusetts federal judge's ruling Tuesday that rejected the French investment firm's objections to a magistrate judge's report and recommendations.
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September 10, 2024
Texas Farm Bureau Beats OT Claims In Jury Trial
Farm insurance agents are not entitled to overtime pay after a jury in Texas federal court found they had not proved they worked more than 40 hours a week, according to a verdict form released as the case was dismissed Tuesday.
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September 10, 2024
Anapol Weiss Absorbs 5-Atty Mass Tort Boutique In DC
The Philadelphia-based mass tort and personal injury firm Anapol Weiss has expanded into Washington, D.C., as it absorbs a five-attorney outfit helmed by former Wilkinson Stekloff LLP founding partner Alexandra Walsh.
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September 10, 2024
Prime Hydration Beats Most Beverage PFAS Claims, For Now
A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.
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September 10, 2024
Reynolds Wrap Co. Gets OK For $725K Retirement Fee Deal
An Illinois federal judge has granted final approval to a $725,000 settlement between a food packaging company that makes Reynolds brand products and participants in an employee 401(k) plan who alleged the company paid too much for recordkeeping fees.
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September 10, 2024
DeSantis Blasts Mass. Suit Over Martha's Vineyard Flights
Florida Gov. Ron DeSantis shouldn't have to fight "conspiracy theory" claims in Massachusetts over whether the Sunshine State tricked migrants into boarding flights to Martha's Vineyard, the governor said in a sweeping dismissal bid.
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September 10, 2024
Will Tom Girardi's Age Impact His Sentence?
Disbarred attorney Tom Girardi's age and mental decline did not help him avoid conviction last month on charges that he stole millions in client funds, but it's an open question how much these factors will affect his sentencing, set for December.
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September 10, 2024
MedStar's $11.8M ERISA Deal Gets Final OK
A Maryland federal court gave final approval to an $11.8 million settlement between hospital chain MedStar Health and workers who said the company mismanaged their retirement plan.
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September 10, 2024
Research Outfit Strikes $3.4M Deal In Retirement Plan Fee Suit
Research and development nonprofit Mitre Corp. agreed to shell out $3.4 million to resolve a class action from workers who said their retirement plans were saddled with excessive fees, according to a Massachusetts federal court filing.
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September 10, 2024
GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'
General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.
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September 09, 2024
Bancor Protocol Operators Beat Investor Class Action
A Texas federal judge has dismissed a securities class action against the operators of a cryptocurrency protocol known as the Bancor, agreeing with a magistrate judge's report and recommendation that the plaintiff's challenged transactions don't meet the requirements of a domestic transaction under the so-called Morrison standard set by the U.S. Supreme Court.
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September 09, 2024
Yodlee Privacy Class Cert. Bid Faces Uphill Climb
A California federal judge on Monday said she is "inclined" to find that three consumers claiming Yodlee Inc. unlawfully collected their banking data did not have standing to pursue claims or represent proposed classes alleging their transaction information was sold, even though the idea of the stored data is "creepy."
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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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.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.