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Class Action
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February 12, 2025
OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit
OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."
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February 12, 2025
Bausch Health Beats Suit Over 'Faking' Financial Stability
Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.
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February 12, 2025
Sea Salt Co. Sued Over Lead And Arsenic Levels
A salt company was hit with a proposed class action Tuesday in California federal court over allegations that its salt contains arsenic and lead, asserting that there is no safe level of lead.
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February 12, 2025
Klarna Accused Of Intercepting Creators' Commissions
Online retail finance company Klarna Inc. got hit with a proposed class action by an internet content creator who claims the firm's automatic coupon-finding browser extension redirects customers who click creators' product affiliate links so that Klarna can take the referral commissions those creators depend on.
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February 12, 2025
Judge Partially Certifies Credit Suisse XIV Notes Class Action
A New York federal judge has granted class certification to investors alleging that Credit Suisse manipulated the market for its XIV notes, while denying certification for those claiming losses from misrepresentations, finding that the suggested class failed to resolve previous deficiencies in its proposal.
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February 12, 2025
Boeing Brass Face Chancery Suit Over Safety Breach Scandal
Public employee pension funds in Ohio and Oklahoma have launched a derivative suit in Delaware's Chancery Court against Boeing board members and executives, seeking damages on the aircraft company's behalf tied to production issues and multiple safety breaches involving several Boeing commercial passenger jets.
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February 12, 2025
Paraquat Plaintiffs Urge 7th Circ. To Revive MDL Suits
Four plaintiffs who were set for bellwether trials in multidistrict litigation targeting the herbicide paraquat argued Wednesday that the Seventh Circuit should unwind their summary judgment losses because the district court's ruling was based on "core misunderstandings" about their expert's evidentiary requirements.
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February 12, 2025
4th Circ. Keeps Class Cert. Nixed In Coupon Service Case
Class certification remains off the table in a lawsuit accusing Inmar Inc. of fixing shipping prices for coupon processing services, after a Fourth Circuit panel sided Wednesday with district court findings that none of the three proffered ways to identify a class of manufacturer plaintiffs holds up.
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February 12, 2025
Cannabis Vape Cos. Accused Of Price-Fixing Scheme
A Chinese cannabis vape manufacturer and a slew of its U.S.-based distributors have been hit with a proposed class action alleging they maintained an unlawful anticompetitive arrangement that kept the price of marijuana vapes artificially high for close to a decade.
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February 12, 2025
Ga. Judge Trims Untimely Paragard IUD Claims From MDL
The Georgia federal judge overseeing the sprawling multidistrict litigation over alleged defects in Paragard intrauterine devices agreed Tuesday to dismiss as untimely dozens of claims against Teva Pharmaceutical and Cooper Cos. from patients in eight states.
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February 12, 2025
United Airlines Asks Texas Judge To Toss COVID Vaccine Suit
United Airlines has asked a Texas federal judge to toss a "mass action" filed by roughly 700 current and former workers accusing the airline of discriminating against employees who resisted COVID-19 vaccination, saying most of the plaintiffs lack jurisdiction.
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February 12, 2025
Poultry Producers Can't Dodge Bid-Rigging Claims In MDL
An Illinois federal judge trimmed on Tuesday some conspiracy claims from a massive antitrust case against chicken producers, including Pilgrim's Pride and over a dozen others, but kept intact other bid-rigging allegations, finding that a class of restaurants and other direct buyers plausibly alleged the companies increased prices in parallel.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
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February 12, 2025
Gore-Tex Maker Accused Of Greenwashing Waterproof Fabric
W.L. Gore & Associates has been slapped with a proposed class action in Washington federal court accusing it of embarking on a "greenwashing" campaign by touting its Gore-Tex waterproof fabric as being environmentally sound, while concealing from customers it uses forever chemicals in manufacturing the material.
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February 12, 2025
OPM Violated Employees' Privacy Rights, Unions Say
The U.S. Office of Personnel Management violated federal privacy laws when it gave Elon Musk's recently established Department of Government Efficiency access to its employment records, unions representing federal employees and administrative law judges said in a lawsuit filed in New York federal court.
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February 12, 2025
Google Must Face Wiretapping Suit Over AI-Powered Assistant
A California federal judge has refused to toss a proposed class action accusing Google of using a "human-like" customer-service product powered by artificial intelligence to illegally eavesdrop on users' calls with Hulu, Verizon and others, finding the consumers adequately allege Google is a third party that can benefit from the data.
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February 12, 2025
Meta User Antitrust Suit Gets Nov. 17 Trial Date
A California federal judge has set a Nov. 17 trial date for accusations that Meta monopolized the social media advertising market weeks after he declined to certify a class of Facebook users that would have numbered in the millions.
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February 12, 2025
Tobacco Fee Couldn't Have Injured Worker, Campbell's Says
The Campbell's Co. urged a New Jersey federal court to toss a suit from a former worker alleging the company's tobacco-free wellness program is violating federal benefits law by making workers who use tobacco pay more for health insurance, arguing the ex-employee can't bring his claims because he never enrolled in the program.
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February 12, 2025
$180M Deals In Poultry Process Wage-Fixing Row Get First OK
A Maryland federal judge gave her blessing to several settlements totaling approximately $180 million in a suit accusing a slew of poultry companies of conspiring to keep wages low at their plants, greenlighting what the workers called "a historic recovery."
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February 12, 2025
Starbucks Accused Of Flouting Mass. Polygraph Hiring Law
Starbucks is ignoring a Massachusetts law requiring employers to inform job-seekers that the state doesn't allow the use of lie detector tests in employment decisions, according to a putative class action filed in state court.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
Zillow Hit With Proposed Class Suit Over StreetEasy Fees
Zillow was slapped with a proposed class action in Seattle federal court Tuesday by New York real estate firm that claims the company charges daily fees for listings properties on its StreetEasy platform, even after a listing real estate agent's name is obscured by a new agent.
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February 11, 2025
Kratom Producers Hid 'Addictive' Risks, Consumers Say
Companies that make kratom are facing a proposed class action in New York federal court over sales of kratom, standing accused of not disclosing that the substance is just as addictive as opioids.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
Fitness Co.'s Brass Faces Derivative Suit Over Franchise Woes
Officers and directors of Pure Barre's parent company Xponential Fitness face shareholder derivative claims following the company's disclosure of a federal criminal investigation, regulatory scrutiny and investor ire over the alleged manipulation and harassment of its "financially crushed" franchisees.
Expert Analysis
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50 Years Later, ERISA Remains A Work In Progress
A look at the 50 years since the Employee Retirement Income Security Act’s passage shows that while the law safeguards benefits through vesting rules, fiduciary responsibilities and anti-discrimination provisions, the act falls short in three key areas, says Carol Buckmann at Cohen & Buckmann.
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FLSA Conditional Certification Is Alive And Well In 4th Circ.
A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.
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7th Circ. Exclusion Ruling Will Narrow BIPA Coverage
The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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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.