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Class Action
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July 19, 2024
Elite Schools' $284M Aid-Fixing Deals Get Final OK
An Illinois federal judge on Friday granted his final signoff to $284 million worth of settlements inked by 10 schools accused in a sprawling antitrust case of working together to limit the financial aid they provided, deeming it a fair and reasonable outcome for the class of students.
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July 19, 2024
Plaintiffs Drop Digital 'Wiretap' Suit Over Marketing Software
The plaintiffs in a proposed class action accusing a Colorado software service provider of illegally eavesdropping on visitors' interactions with the CVS.com website have voluntarily dropped their suit, according to a notice filed Friday.
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July 19, 2024
Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
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July 19, 2024
NY Life Workers' $19M ERISA Deal Gets Final Approval
Current and former New York Life workers received final approval for a $19 million deal ending their lawsuit claiming the insurance giant kept inferior proprietary investment options in its employee 401(k) plans.
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July 19, 2024
NJ Towns Not Liable For Water Contaminants, Panel Rules
A panel of New Jersey state appeals court judges ruled Friday that municipalities charging for water service aren't in an implied contractual relationship with residents and thus can't be found in breach of contract for elevated contaminant levels in the water.
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July 19, 2024
Axon Says FTC Has 'No Reason' To Wade Into Suit
Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.
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July 19, 2024
Feds Deny That Advocate Suit Forced Immigration Change
The Biden administration rebuked immigration advocates' request for $3.7 million for challenging Trump-era orders ending immigration protections for people from conflict zones, arguing they couldn't claim they won the case just because the new administration undid its predecessor's policy.
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July 19, 2024
Two Class Atty Teams Challenge EngageSmart Deal In Del.
A new and an amended stockholder complaint have taken aim in Delaware's Court of Chancery at the $4 billion January take-private acquisition of customer engagement and payments venture EngageSmart Inc. by interests of Vista Equity Partners, following a Thursday deadline for consolidated complaint and lead attorney and plaintiff proposals.
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July 19, 2024
Evolve Bank Leaked 7.6M Customers' Private Info, Suit Says
Evolve Bank & Trust has been hit with a proposed class action in Tennessee federal court alleging it failed to adequately protect the personal information of 7.6 million individuals from a cyberattack and failed to conduct reasonable data security practices.
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July 19, 2024
Agent's Claim Over Robocall Coverage Partly Advances
A wholesale insurance agent may proceed with its claim that a retail insurance broker's misrepresentations about an alarm service company duped the agent into issuing a policy with coverage for robocall litigation, a New Jersey federal court ruled, while cutting the agent's claims for negligent misrepresentation and indemnification.
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July 19, 2024
Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
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July 19, 2024
Less Strict Standard Should Apply In 401(k) Suit, Judge Says
A Florida magistrate judge advised rejecting a steel manufacturer's bid to apply a tougher standard to a plan participant's proposed class action accusing the company of saddling its 401(k) with pricey investment funds and fees, saying that standard doesn't fit the bill in this case.
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July 19, 2024
OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit
Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.
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July 19, 2024
Cannabis Co. Gets Investor Fraud Suit Thrown Out
A New York federal judge has thrown out a consolidated class action alleging Canopy Growth Corp. misled investors about the financial prospects of a newly acquired subsidiary, saying the complaint fails to show that the company knew it was misleading investors.
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July 19, 2024
Rising Star: Cohen Milstein's Eric A. Kafka
Eric Kafka of Cohen Milstein Sellers & Toll PLLC has secured major clients wins in high-dollar consumer protection cases, including a recent $40 million settlement for advertising purchasers in a case over Facebook's alleged inflation of advertising performance metrics, earning him a spot among the class action law practitioners under age 40 honored by Law360 as Rising Stars.
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July 19, 2024
Judge OKs $47.5M QuantumScape Shareholder Deal
A California federal judge granted preliminary approval to a $47.5 million deal ending class action allegations by QuantumScape investors that the company made misleading statements about the quality of its batteries.
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July 18, 2024
American Airlines Beats Hidden Fees Suit Over Product Sales
American Airlines defeated a proposed class action alleging it violated its conditions of carriage by failing to disclose that it gets fees for hawking Allianz Global travel assistance products to customers booking flights, after a Michigan federal judge said Thursday the plaintiff paid Allianz Global, not American Airlines, for the products.
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July 18, 2024
Chancery Awards $6M Stockholder Atty Fee In Moelis Suit
A Delaware vice chancellor granted a $6 million fee request on Thursday from attorneys who won a Chancery Court strike-down of a stockholder agreement granting Moelis & Co. founder Ken Moelis expansive control over the global investment bank's decisions.
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July 18, 2024
LPL Reaps Benefits From Forced Cash Sweep, Suit Says
LPL Financial was hit with a putative class suit by a customer who claims the broker-dealer automatically moves customers' uninvested cash into its cash sweep programs, primarily benefiting the firm at the expense of its clients.
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July 18, 2024
Florida Urges 11th Circ. To Allow Gender Law Despite Appeal
Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.
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July 18, 2024
Chase Can't Arbitrate Returned-Check Suit, Customers Say
Chase Bank customers have urged a federal judge not to let the bank force them to arbitrate a complaint over fees charged on deposited checks that were returned, arguing that they never agreed to an arbitration clause and that the bank failed to prove their consent to arbitration.
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July 18, 2024
Workers Say Software Co. Can't Dodge 401(k) Fund Fight
Two former ServiceNow Inc. employees said Thursday that the cloud computing company shouldn't get to escape their suit alleging it kept underperforming investment options in its 401(k) plan for over a decade, telling a California federal court their complaint is specifically detailed enough to move forward.
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July 18, 2024
Ocugen Execs Hit With Derivative Suit Over Shoddy Controls
The top brass at biopharmaceutical company Ocugen Inc. were hit with a derivative suit alleging the company's lack of effective internal financial controls caused it to be misvalued and allowed shareholders to approve proposals based on incomplete information.
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July 18, 2024
Urban Outfitters Freed From Class Claims Over 'Spy Pixels'
A Pennsylvania federal judge said an Arizona woman lacked standing to bring a class action against clothing retailer Urban Outfitters over its alleged use of "spy pixels" to track customer activity because she failed to show a violation of that state's recording laws.
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July 18, 2024
Air Transport Co. Sued In Del. Over Director Removal Rule
Stockholders of air transport venture Blade Air Mobility Inc. have sued the company in Delaware's Court of Chancery for an order invalidating a Blade director election provision described as allowing "backdoor" board removal of incumbents without legal authority.
Expert Analysis
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.
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Opinion
Del. Needs To Urgently Pass Post-Moelis Corporate Law Bill
After the Delaware Chancery Court's decision in West Palm Beach Firefighters' Pension v. Moelis sparked confusion around governance rights, recently proposed amendments to the Delaware General Corporation Law would preserve the state's predictable corporate governance system, says Lawrence Hamermesh at Widener University Delaware Law School.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.