Class Action

  • November 26, 2024

    Ohio Vaping Chain Worker Drops Proposed OT Class Action

    An Ohio vape shop worker has dropped her proposed class and collective action accusing her employer of making his employees work 60 to 100 hours per week but then not paying them overtime for their extra labor as required by the Fair Labor Standards Act.

  • November 26, 2024

    9th Circ. Reopens Teachers' Retirement Savings Interest Suit

    The Ninth Circuit on Tuesday revived a class action accusing the Washington state pension agency of unlawfully skimming interest earned by thousands of teachers on their retirement accounts, ruling the trial court went too far when it ruled the educators' suit was untimely.

  • November 26, 2024

    Calif. Judge Says Flores Reporting Requirements Still In Effect

    A California federal judge said the government must resume reporting data on migrant children being held in heightened supervision facilities to human rights groups under the 1997 Flores settlement, saying the Office of Refugee Resettlement should not have ceased doing so.

  • November 26, 2024

    Progressive's $61M 'Total Loss' Deal Gets Approved

    Two Progressive subsidiaries will pay up to $61 million to resolve allegations that car insurance policyholders in Michigan should have been compensated for sales tax and title and registration fees as part of Progressive's payment of claims for totaled vehicles.

  • November 26, 2024

    Retirees Fight For Class Cert. In US Bancorp Benefits Suit

    Three U.S. Bancorp retirees urged a Minnesota federal judge to certify a 2,300-member class action claiming the bank holding company shorted them on early retirement benefits, arguing that the institution's contentions with its expert's analysis of the pension plan shouldn't block certification.

  • November 26, 2024

    Bojangles' Restaurants Sued Over Weekslong Cyberattack

    A former employee of Southern-style fast-food chain Bojangles' Restaurants Inc. said the company negligently failed to protect his and his proposed class members' personal information, allowing hackers to access it earlier this year in a cyberattack that lasted for weeks.

  • November 26, 2024

    Disney Strikes $43M Deal To End Calif. Pay Bias Suit

    The Walt Disney Co. agreed to pay $43.25 million to settle a class action claiming the entertainment giant paid thousands of women in middle management less than their male colleagues, according to a filing in California court.

  • November 25, 2024

    Pom Juice Maker Trims But Can't Nix 'Forever Chemicals' Suit

    A Manhattan federal judge on Monday pared down a putative class action alleging the makers of Pom pomegranate juice misled consumers about whether its products contained harmful "forever chemicals" while allowing claims of negligence and violation of New York's business laws to go forward.

  • November 25, 2024

    Tuna Price-Fixing MDL Lead Attys Awarded $86M In Fees

    A California federal judge has agreed to award a combined total of $86 million in fees and costs to lead counsel representing two classes of canned tuna buyers who reached settlements in recent months with StarKist, Dongwon Industries and Lion Capital in a decadelong price-fixing case.

  • November 25, 2024

    Lampert, Sears Stockholders Set Appraisal Share Faceoff

    Delaware's Court of Chancery has teed up an argument on how to handle class member claims of former Sears Hometown and Outlet Stores Inc. stockholders whose share appraisal demand was torpedoed by the company's bankruptcy in 2022.

  • November 25, 2024

    Red Cross Misused $500M Haiti Earthquake Aid, Fla. Suit Says

    The Red Cross misused more than $500 million in donations intended to help Haiti recover following the country's 2010 earthquake, instead spending the money on covering a financial deficit and unrelated projects, according to a proposed class action filed Monday in Florida federal court.

  • November 25, 2024

    Credit Bureaus Freed From VantageScore Antitrust Suit

    An Illinois federal judge has ruled there is no evidence the three major credit bureaus conspired with the Fair Isaac Corporation to engage in a monopoly, reasoning there was no impetus for them to do so, but also found that credit score buyers sufficiently backed some of their antitrust claims against FICO. 

  • November 25, 2024

    Microsoft-Activision Atty Snubs $15M Class Fee In Del. Suit

    An attorney for Microsoft Corp. and Activision Blizzard Inc. on Monday downplayed the benefits from an ongoing stockholder suit seeking $15 million for mid-case fixes to the two companies' $68.7 billion merger, saying the action's modest advantages should be weighed more as disclosure matters than a deal rescue.

  • November 25, 2024

    GATX Rips Norfolk Southern's Bid To Shift Derailment Liability

    GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.

  • November 25, 2024

    Geologist, Oil Co. Can't Get Approval Of Wage Suit Settlement

    A Colorado federal judge put the brakes on a settlement that a geologist reached with the oil and gas producer he accused of failing to pay overtime, saying it's not clear if he alerted other workers of the deal or if a $1 million attorney fee request is reasonable.

  • November 25, 2024

    Medical Info. Co. Beats Junk Fax Suit Over Free E-Book Offer

    A medical information company has once again defeated a long-running Telephone Consumer Protection suit over unsolicited faxes it sent in 2013, with a West Virginia federal judge ruling the plaintiffs produced no evidence that the company got paid when recipients responded to their faxes.

  • November 25, 2024

    Beyond Meat Told It's Likely To Beat Production Woe Suit

    A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.

  • November 25, 2024

    Calif. Appeals Court Backs Taylor Farms Win In Wage Suit

    A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.

  • November 25, 2024

    $65M Deal In Texas Drilling Suit Gets Final OK

    A Texas federal judge gave the final green light Monday to a $65 million settlement against oil and gas company Apache Corp. filed by investors alleging they were deceived by promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust.

  • November 25, 2024

    Quarles & Brady Lands Buchalter Employment Duo In Calif.

    Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.

  • November 25, 2024

    DOJ Says Realtor Commissions Deal Is No Antitrust Shield

    The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers do not shield the industry from government antitrust scrutiny.

  • November 25, 2024

    Vanguard, Investors Get Initial OK On $40M Deal In Tax Suit

    A Pennsylvania federal judge gave initial approval Monday to a $40 million settlement between Vanguard and investors who claimed the firm breached its fiduciary duty when it triggered a sell-off of assets that left investors with hefty tax bills.

  • November 25, 2024

    Amazon Says Drivers Still MIA During Discovery In Wage Suit

    Delivery drivers are still falling short of following discovery orders in an almost decade-long suit accusing Amazon of misclassifying them as independent contractors, the e-commerce giant told a Washington federal court, urging it to boot those workers from the case.

  • November 25, 2024

    Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'

    Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.

  • November 25, 2024

    Home Automation Co. Strikes $1.5M Deal To End OT Suit

    A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.

Expert Analysis

  • Del. Dispatch: Clarifying Charter Amendment Vote Obligations

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    The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.

  • What's Still Up In The Air After Ruling On Calif. Climate Laws

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    A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Video Privacy Law Claims After 2nd Circ. NBA Ruling

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    The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Website Accessibility Ruling Leaves Circuit Split Unresolved

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    A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

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