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Class Action
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
$125M Deal To End Discovery-AT&T Merger Suit In Chancery
A $125 million settlement is in the works for a nearly two-year-old, now-consolidated Delaware Court of Chancery suit filed by former Discovery Inc. stockholders challenging the company's $43 billion merger with AT&T in April 2022, according to a court filing Friday.
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July 05, 2024
FCA Delaying Answers In Exploding Van MDL, Drivers Say
Drivers alleging Chrysler hybrid minivans contain a defect that causes them to explode are urging a Michigan federal court to force the automaker to identify specific vehicles that caught fire after it purportedly fixed them in a recall, claiming the company has ignored its requests for information for more than five months.
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July 05, 2024
H&R Block Users Must Arbitrate Meta Privacy Claims
Two H&R Block customers must arbitrate their claims that the company shared their private data with Meta Platforms Inc. and Google, a Pennsylvania federal court ruled, saying they agreed to arbitrate any disputes under the tax services provider's terms of agreement.
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July 05, 2024
Manufacturing Co., Trustee Can't Escape ESOP Fight
An Arkansas federal judge refused Friday to toss a lawsuit against a manufacturing company and the trustee of its employee stock ownership plan from ESOP participants alleging mismanagement, finding allegations that a $40 million debt-financed purchase of company stock violated federal benefits law should proceed to discovery.
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July 05, 2024
Del. Suit Says Flawed Lockup Corrupted Post-IPO Stock Sales
A stockholder of artificial intelligence-focused C3.ai Inc. has launched a derivative suit in Delaware's Court of Chancery seeking damages for the company after insiders allegedly made hundreds of millions off an initial public offering propped up by false sales projections and an early share lockup release.
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July 05, 2024
Fragrance Buyers Say EU Fine Supports Price-Fixing Claims
Buyers accusing fragrance giants of conspiring to reduce competition told a New Jersey federal court this week their allegations were bolstered by the European Commission's discovery of a senior employee's deleted WhatsApp messages during an investigation of potential anticompetitive activity in the industry.
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July 05, 2024
Tennis Player Seeks Class Cert. In NCAA Prize-Money Fight
College athletes suing to erase NCAA rules that prohibit them from earning prize money from outside competitions have asked a North Carolina federal judge for class certification, with tennis player Reese Brantmeier leading the charge and emphasizing the harms imposed by the rules.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Voyager Investors' $6.5M Deal Over Crypto Marketing OK'd
A New York federal judge has granted preliminary approval to a $6.5 million cash settlement between the top brass of the now-bankrupt cryptocurrency firm Voyager Digital Holdings and a class of its users who claimed they "aggressively marketed" unregistered securities.
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July 05, 2024
Ex-Schnader Harrison Atty Fights Bid To Ax Class Action
A motion by Schnader Harrison Segal & Lewis LLP seeking to toss a putative class action used "linguistic alchemy" to argue for the case's dismissal, according to a filing opposing the motion.
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July 05, 2024
Black & Decker Can't Ax Suit Challenging BlackRock Funds
A Connecticut federal judge said Black & Decker can't escape a suit claiming it failed to trim underperforming BlackRock investment funds from its 20,000-member $2.2 billion retirement plan, ruling that the retirees behind the suit put forward enough evidence of potential imprudence to dodge dismissal.
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July 05, 2024
Owens Corning Board Sued In Del. Over Advance-Notice Bylaws
A shareholder of Owens Corning has sued its board in Delaware's Court of Chancery, alleging the building materials company has "weaponized" its bylaws to entrench its sitting directors and prevent activist stockholders from nominating alternative candidates to the board.
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July 05, 2024
PruittHealth Hit With Data Breach Class Action
Southeastern healthcare provider PruittHealth Inc. was hit with a proposed class action this week alleging that the company's flimsy security protocols led a North Carolina woman and more than 56,000 others to have their personal information stolen in a 2023 data breach.
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July 03, 2024
Enviva Execs Individually Escape ESG Investor Action
A Maryland federal judge dismissed several executives and underwriters for wood pellet giant Enviva Inc. from a proposed securities class action seeking recompense for stock drops over reports they "greenwashed" claims of sustainability, saying the suit failed to show the defendants made conscious misstatements.
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July 03, 2024
Broiler Chicken Buyers' Attys Get $51.6M Fees In Antitrust Suit
An Illinois federal judge overseeing sprawling antitrust litigation against broiler chicken producers awarded class counsel more than $51.6 million in attorney fees in a $181 million deal for chicken buyers after the initial $57 million award was tossed by the Seventh Circuit last year, according to an order Wednesday.
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July 03, 2024
Ind. Panel OKs Coverage For Taiwanese Chemical Co. Owners
An Indiana appeals court ruled that a Taiwanese company's owners were additional insureds and that an insurer could not stack various policies' deductibles and retentions to reduce the coverage it owed for defense costs of a chemical exposure class action.
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July 03, 2024
Sandy Cleanup Workers Agree To End Prevailing Wage Suit
Five workers told a New Jersey federal judge they agreed to put to rest their suit against a disaster recovery company and a waterfront building company claiming they should have been paid prevailing wages while clearing roadways and waterways in the aftermath of Hurricane Sandy.
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July 03, 2024
5 Argument Sessions Benefits Attys Should Watch For In July
Republican state attorneys general will try to convince the Fifth Circuit to knock down a U.S. Department of Labor rule covering how retirement plan managers can consider environmental and social factors when picking investments, while Kellogg workers will challenge class action waivers at the Sixth Circuit. Here are five argument sessions coming up this month that benefits attorneys should keep an eye on.
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July 03, 2024
Appliance Co. Must Face Stove Pollutant Risk Claims
Sub-Zero Group Inc., a maker of luxury kitchen appliances, can't get out of a proposed class action accusing it of selling gas stoves that emit pollutants, a Wisconsin federal judge has ruled, saying federal energy efficiency laws do not "at this point" invalidate the state law claims.
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July 03, 2024
SentinelOne Beats Investor Suit Over $27M Revision, For Now
Cybersecurity company SentinelOne Inc. has beaten a proposed investor class action filed after its $27 million downward revision of one of its key business metrics for its 2023 fiscal year, though a California federal judge gave the shareholders a chance to revise their suit.
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July 03, 2024
Deal Reached In Del. Suit Targeting Gores-Backed UWM SPAC
Architects of a $16 billion special purpose acquisition company merger that took United Wholesale Mortgage public have reportedly agreed to settle a Delaware Chancery Court stockholder suit accusing private equity billionaire Alec Gores and others of misleading investors.
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July 03, 2024
NBA Marketing Arm Must Face NFT Privacy Suit
A California federal judge kept alive a proposed class action against the NBA's marketing arm over privacy concerns related to the nonfungible token marketplace known as NBA Top Shot, saying the amended version of the suit addresses previous deficiencies in pleading that NBA Properties participated in a joint venture.
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July 03, 2024
College Tennis Player Wants NCAA Prize Rule Sidelined
The nationally ranked collegiate tennis player leading a proposed antitrust class action to overturn the NCAA's ban on prize money from outside competition is now asking a North Carolina federal judge for a preliminary injunction to stop enforcement of the "archaic" rule.
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July 03, 2024
Geico To Pay Policyholders $2M To Settle Underpayment Suit
Geico policyholders asked a New Jersey federal judge for preliminary approval of a $1.9 million settlement resolving claims the insurer breached their policies by failing to pay title or registration transfer fees upon the total loss of an insured vehicle.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
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.
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Series
Glassblowing Makes Me A Better Lawyer
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.
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How Associates Can Build A Professional Image
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.
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Emerging Trends In ESG-Focused Securities Litigation
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.
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Orange Book Warnings Highlight FTC's Drug Price Focus
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.
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Firms Must Rethink How They Train New Lawyers In AI Age
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.
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High Court's BofA Ruling Leaves State Preemption Questions
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.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
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.
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Think Like A Lawyer: Always Be Closing
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.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
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.
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Series
Playing Chess Makes Me A Better Lawyer
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.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
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.
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Updated Federal Rules Can Improve Product Liability MDLs
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.