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Class Action
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June 21, 2024
Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe
In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.
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June 21, 2024
American Airlines Can't Shake ESG Retirement Class Action
A Texas federal judge won't free American Airlines from a class action claiming its pilots' $26 billion retirement plan focused too heavily on environmental and social factors, ruling the airline's failure to push investment managers to abandon the strategy buttresses the plaintiffs' case that American endorsed it.
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June 21, 2024
SPAC Shareholder Sues In Del. Over Beachbody Merger
A stockholder of a special acquisition company that merged with health and wellness company The Beachbody Company Group has sued the blank check company's directors, officers, and controlling stockholders in Delaware's Court of Chancery, alleging breaches of fiduciary duty in connection with the deal.
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June 21, 2024
9/11 Firm Consultant Acted Alone In Depo Leak, 2nd Circ. Told
A New York law firm representing victims of the 9/11 terrorist attacks in a multidistrict litigation told the Second Circuit that a consultant who leaked a deposition transcript to the press acted by himself, asking an appellate panel to reverse millions of dollars in sanctions.
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June 21, 2024
6th Circ. Says Counties Not On Hook For Mich. Dam Collapse
A Sixth Circuit panel agreed that two Michigan counties can't be forced to compensate homeowners for destructive flooding caused by a dam's collapse, finding Thursday that the counties did not cause the damage to the homeowners' properties.
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June 21, 2024
DOD Can't Escape LGBTQ Veterans' Discharge Bias Suit
A California federal judge denied the U.S. Department of Defense's bid to toss a suit alleging veterans discharged under the military's former "don't ask, don't tell" ban on LGBTQ service members continue to face discrimination, finding they put forward enough proof of bias for their claims to survive dismissal.
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June 21, 2024
HCA Wants Out Of Respiratory Therapist's Wage Suit
Healthcare company HCA said it didn't employ a respiratory therapist accusing the entity of manipulating workers' time sheets and owing them wages, urging a North Carolina federal court to toss the proposed class and collective suit.
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June 21, 2024
5 ERISA Cases To Watch In 2024's Second Half
The U.S. Department of Labor will be playing defense in the second half of 2024, battling injunction bids in Texas seeking to halt the agency's recently finalized retirement security regulations, as well as fighting to uphold a DOL rule tackling social and environmental factors in retirement plan investment decisions. Here, Law360 looks at five Employee Retirement Income Security Act cases that attorneys say they will have on their radar.
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June 21, 2024
Attys Eye $1.4M Slice Of State Street Retirement Plan Deal
Class counsel are requesting a one-third cut from a $4.3 million settlement with State Street Corp. to resolve claims the bank stocked its employees' 401(k) plan with imprudent funds that it managed or that were run by its subsidiaries or affiliates.
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June 20, 2024
TikTok Says Alternatives To 'Dangerous' Ban Were Ignored
TikTok said Thursday that federal lawmakers likely didn't even consider its "exhaustive, multi-year efforts" to address national security concerns before deciding to ban the social media platform, slamming the law as "unprecedented" and warning that it sets "a dangerous precedent."
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June 20, 2024
Del. House Sends Controversial Corp. Law Changes To Gov.
Delaware legislation that would allow corporate boards to cede some governance rights to chosen stockholders cleared the state's House by a wide margin late Thursday, heading to Gov. John Carney after debate that saw dire predictions for either outcome.
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June 20, 2024
NFL Sunday Ticket Is Procompetitive, Stanford Prof Tells Jury
A Stanford University professor of economics on Thursday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that the league's subscription deal with DirecTV and its method for distributing broadcast proceeds evenly to all its teams are procompetitive practices.
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June 20, 2024
Delta's $16M Pay Stub Deal Stalled On Runway By 'Problems'
A California federal judge said Thursday that he has "problems" giving preliminary approval to Delta Air Lines' $16 million deal in a pay stub class action that went to the Ninth Circuit and the California Supreme Court, saying the settlement's release "seems way overbroad."
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June 20, 2024
Logistics Cos. Face Skilled Worker Visa Misuse Class Action
A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.
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June 20, 2024
BMW Escapes Suit Over Leaky Coolant Lines, For Now
BMW drivers seeking to sue the automotive maker over allegedly defective engine cooling lines will have to get more specific in their allegations, a New Jersey federal judge said in a dismissal order, giving the consumers another chance to correct the issue and refile.
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June 20, 2024
Attys In Chiquita Case Say Victims Can't Proceed Together
A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.
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June 20, 2024
$13B Antitrust Suit Is Class Cert 'Antithesis,' Delta Dental Says
The nation's largest dental insurance system and its members have blasted service providers' bid for class treatment in multidistrict litigation targeting an alleged $13 billion antitrust scheme, telling an Illinois federal judge that the providers' case "is the very antithesis of a proper class action."
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June 20, 2024
Chancery Preserves Most Of Hertz Shareholder Buyback Suit
Several Hertz directors who authorized $4 billion in stock buybacks in 2022 that vaulted a private equity-based shareholder into a controlling position will have to face claims in Delaware's Court of Chancery that they breached their fiduciary duties to the company.
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June 20, 2024
Cheer Parents Get Initial OK For $82.5M Varsity Brands Deal
A Tennessee federal judge is giving the preliminary go-ahead to an $82.5 million settlement between a class of cheer parents and a group of the biggest players in the American cheer industry, agreeing that the deal appears to be fair and equitable.
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June 20, 2024
Ex-ITT Students Net $12M Win In Predatory Lending Scheme
A California federal judge has ordered loan servicer Vervent Inc. to pay $12 million to ex-students of bankrupt for-profit college ITT Education Services Inc. for Vervent's role in an alleged predatory lending scheme for ITT's benefit, finding it was appropriate to triple a $4 million jury award.
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June 20, 2024
Madonna Mulls Sanctions Bid After Fans Drop 'Frivolous' Suit
Attorneys defending Madonna, Live Nation and the Barclays Center against allegations that fans were "lulled" into buying tickets for a tardy show slammed the plaintiffs' unannounced dismissal of the "frivolous" case, telling a New York federal judge Wednesday they don't agree to bear their own costs and might seek sanctions.
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June 20, 2024
Fireball Maker Must Still Face Claims It Duped Whiskey Lovers
A Florida federal judge has trimmed allegations that Sazerac Co. duped consumers into believing miniature bottles of malt beverage were whiskey by selling them under the Fireball brand name, but said a consumer can pursue claims that the beverage's bottle and their display case are nevertheless deceptive.
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June 20, 2024
Athletes Want Advocates Kept Out Of NCAA Trans Policy Fight
A group of female college athletes sought to keep the National Women's Law Center out of its transgender policy dispute with the NCAA, slamming the advocacy organization in Georgia federal court on Wednesday for its attack on the plaintiffs' "legitimate views on biology."
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June 20, 2024
11th Circ. Nixes J&J Sunscreen Benzene MDL Settlement
The Eleventh Circuit on Thursday vacated an order granting approval to a settlement resolving claims that Johnson & Johnson sold sunscreens containing benzene, saying a pair of circuit court decisions since the approval mean the deal needs another look.
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June 20, 2024
Worker Says Co. Inflated Deductions To Duck Prevailing Wage
An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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A Review Of 2023's Most Notable Securities Litigation
There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.