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Class Action
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August 20, 2024
UFC Fighters' Wage Suit Headed To Trial In February
A trial has been set for February in the class action brought by mixed martial arts fighters who accused Ultimate Fighting Championship of suppressing their wages, a move that comes after a Nevada federal judge rejected the parties' settlement agreement in March, Law360 learned Tuesday.
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August 20, 2024
Burford Fights Order Backing Chicken Price-Fixing Settlement
A Burford Capital Unit tried again Monday to unbind itself from a chicken price-fixing settlement that Sysco sealed via email with Pilgrim's Pride, arguing in Illinois federal court that the Seventh Circuit has criticized the order backing the settlement as "fatally flawed."
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August 20, 2024
AMC Shareholder Wants Opt-Out Fight In US High Court
Arguing that stockholder rights to opt out of class-wide monetary settlements should no longer be "dependent on the accident of geography," attorneys for an AMC Entertainment Inc. stockholder asked the U.S. Supreme Court Tuesday to review opt-out denials in a deal that ended a Delaware Court of Chancery suit last year.
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August 20, 2024
Epic Will Pay Google $400K For Play Store Contract Breach
Epic Games has agreed to pay Google around $400,000 for implementing its own payment method in "Fortnite" and getting booted from the Play Store, as the court continues to mull what changes Google will have to make after a jury found that its policies violate antitrust law.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 19, 2024
4 Ex-Girardi Keese Attys Are Federal Targets, Agent Testifies
At least four former attorneys with the defunct Girardi Keese law firm are under active investigation related to the federal government's California wire fraud case and have received letters informing them they are targets, an IRS criminal investigator disclosed Monday under cross-examination by Tom Girardi's attorney at his criminal trial.
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August 19, 2024
Pilgrim's Pride Agrees To Pay $100M In Chicken Farmers' Suit
Pilgrim's Pride will pay $100 million to broiler chicken farmers to settle claims it conspired with other competitive chicken producers to suppress farmer compensation, according to the plaintiffs' preliminary approval bid filed Friday in Oklahoma federal court.
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August 19, 2024
Biogen Paid To Help Curb Generic Tecfidera Sales, Says Suit
Biogen illegally impaired competition for its multiple sclerosis drug Tecfidera by paying major pharmacy benefit managers to prioritize the brand over generics while it worked to shift the market to a different version of the medication, a multi-employer welfare plan alleged Friday.
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August 19, 2024
Frost & Sullivan Shouldn't Beat Data Breach Suit, Judge Says
A magistrate judge on Monday recommended a Texas federal court trim but not toss a putative class action accusing consulting firm Frost & Sullivan Inc. of failing to protect its employees and clients from a data breach last year, rejecting the firm's contention that a former employee lacked standing to sue.
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August 19, 2024
Ariz. Sheriff Can't Ax Racial Profiling Injunction, 9th Circ. Says
The Ninth Circuit on Monday kept in place a permanent injunction in a class action alleging the Maricopa County Sheriff's Office in Arizona racially profiled Latinos for traffic stops under the guise of immigration enforcement, saying the district court was within its powers to assign an independent monitor.
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August 19, 2024
Arden Trust Co. Sued In Del. Over Bikini Atoll Fund Depletion
Representatives of Pacific Islanders displaced by early nuclear testing on Bikini Atoll sued Arden Trust Co. in Delaware's Court of Chancery on Monday, accusing the company of mismanaging and quickly dissipating tens of millions of dollars in congressionally authorized aid funds after years of careful management.
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August 19, 2024
Justices Urged To Refuse Rent-To-Own Co. Fee Suit
Two consumers suing a rent-to-own furniture store over fees that are allegedly barred under California law urged the U.S. Supreme Court on Monday not to review a Ninth Circuit decision nixing the company's arbitration bid, arguing that the case is too fact-specific to warrant the court's attention.
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August 19, 2024
BankRI Pans 'Overspending' Customer's Account Fees Suit
One of Rhode Island's largest banks asked a Providence federal judge on Monday to throw out a proposed class action over its consumer fee practices, saying the customer behind the suit is attempting to blame it for fallout from her own "unfortunate practice of overspending."
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August 19, 2024
Adidas Boots Suit Over Rapper Ye's Allegedly Racist Remarks
An Oregon federal judge has dismissed, for now, a suit against Adidas AG, accusing the company of failing to disclose the potential damage caused by its partnership with musician Ye, formerly known as Kanye West, following allegations that the artist made antisemitic comments, saying none of the corporate statements challenged as misleading in the suit are actionable.
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August 19, 2024
MOVEit MDL Judge's Call For Order Met With Atty Squabbles
A federal judge's effort to streamline multidistrict litigation over a 2022 data breach involving Progress Software's MOVEit file transfer tool instead led to a lengthy and contentious joint filing in which the parties accused one another of gamesmanship.
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August 19, 2024
USAF, Airmen Debate Mootness Of Vax Mandate Challenge
In a pair of dueling briefs, both the U.S. Air Force and a cadre of its airmen are sparring over whether the military's revocation of its COVID-19 vaccine mandate for service members spells the end for the airmen's suit challenging the mandate on religious freedom grounds.
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August 19, 2024
4th Circ. Cuts Liberty Loose In Medicare Reimbursement Row
A North Carolina widow can't revive a proposed class action accusing Liberty Mutual of failing to reimburse Medicare for her deceased husband's medical costs, the Fourth Circuit said Monday, finding she wasn't injured and therefore lacked standing to sue.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Aramark Gets Green Light For Solo Turkey Antitrust Case
An Illinois federal judge has refused to dismiss Aramark's individual antitrust lawsuit alleging that turkey producers exchanged competitively sensitive information, rejecting arguments that the claims were untimely because the statute of limitations was tolled by the filing of a similar class action in 2019.
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August 19, 2024
3M Wants Conn. Firefighters' PFAS Case Paused For MDL
3M has asked a Connecticut federal court to stay a proposed class action by firefighters who wore technical gear containing so-called forever chemicals until there's a decision on whether to transfer the suit to a multidistrict litigation in South Carolina.
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August 19, 2024
Retirees Ask 2nd Circ. To Reboot IBM Pension Fight
A proposed class of IBM retirees alleging the business lowballed their pension payments by using outdated mortality data to calculate benefits urged the Second Circuit to revive its suit, arguing a New York federal court wrongly determined its claims were brought too late.
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August 19, 2024
9th Circ. Sends Northrop Pension Disclosure Row To Trial
The Ninth Circuit revived a class claim Monday from a group of Northrop Grumman retirees who said they were kept in the dark about how much they would get in pension benefits, ruling their allegations that the defense contractor shirked its disclosure duties were filed on time.
Expert Analysis
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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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.