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Class Action
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July 02, 2024
DraftKings Must Face Securities Suit Over NFTs
A Massachusetts federal judge won't toss a proposed class action claiming that DraftKings Inc. sold unregistered non-fungible tokens on its marketplace, ruling that the suit plausibly alleges that the company falsely advertised that its NFTs would appreciate in value.
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July 02, 2024
Stock Photo Co. Says $250M Privacy Suit Must Be Arbitrated
Canadian stock photography and video provider iStockPhoto LP has urged a California federal court to send to arbitration a $250 million proposed class action accusing it of violating privacy laws by revealing subscribers' video viewing and downloading behavior on Facebook.
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July 02, 2024
Amazon Must Face Wiretapping Class Suit, Wash. Judge Says
A Washington federal judge said Tuesday that Amazon can't dodge a proposed class action alleging it violated California's wiretapping law, in a ruling that determined the tech giant was capable of accessing customer call data through its call center technology used by Capital One.
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July 02, 2024
NCAA Escapes USF Baseball Coach Abuse Suit For Now
An Indiana federal judge on Tuesday dismissed, at least for the time being, a lawsuit filed by University of San Francisco baseball players accusing the NCAA of causing harm by remaining silent about the "rampant" sexual abuse committed by two USF coaches, ruling that there was no contractual relationship between the parties.
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July 02, 2024
Depo Gets Dad Ousted From Sesame Place Race Bias Case
The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.
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July 02, 2024
Harvest Capital Class Ends Chancery Merger Suit For $3.85M
Stockholder attorneys who secured a $3.85 million pretrial class settlement for an allegedly unfair Harvest Capital Credit Corp. merger deal won an above-average 25% share of the award Tuesday, in what a Delaware vice chancellor indicated was a move to reward top-flight attention to smaller-stakes litigation.
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July 02, 2024
Steel Co. Escapes 401(k) Mismanagement Suit, For Now
A Florida federal judge tossed a suit claiming a steel manufacturer saddled its $655 million retirement plan with pricey investment funds and fees, ruling Tuesday the plan participant behind the claims needed to formally show the court that he brought his concerns to the plan's committee before filing suit.
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July 02, 2024
6th Circ. Takes Up Fuel Pump Appeal GM Pledged To Drop
The Sixth Circuit has agreed to hear General Motors' bid to undo certification of seven state classes of drivers who say GM sold diesel-powered trucks with faulty fuel pumps, although the automaker recently agreed to a $50 million settlement that includes a promise to abandon the appeal.
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July 02, 2024
Ga. Parking Co. Stole Data To Send Fake Tickets, Fla Suit Says
A Florida resident has brought a proposed federal class action against a Georgia parking company for alleged privacy violations, saying his data was illegally obtained and used to send fake citations in a scheme to collect money under the threat that vehicles could be confiscated or credit ruined.
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July 02, 2024
Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says
The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.
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July 02, 2024
Kipling Apparel Can't Nix 'Phantom' Discount Suit
A California federal judge on Monday refused to toss a proposed class action alleging that bag maker Kipling Apparel Corp. used "phantom" discounts to make outlet store customers believe they were getting price cuts, but she said the plaintiff had failed to show that damages would be insufficient compensation.
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July 02, 2024
Northrop Must Face 3K Homeowner Class Over Contamination
A California federal judge Monday granted class certification to 3,200 homeowners who sued Northrop Grumman over the release of cancer-causing chemicals from a nearby circuit board manufacturing site they alleged reached their homes, finding the location and extent of the contamination in the area are subject to common proof.
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July 02, 2024
Amazon's PillPack Settles TCPA Class Suit
Amazon.com affiliate PillPack LLC has settled a class action alleging it was responsible for illegal telemarketing calls made to consumers without their consent, the parties said Tuesday in a notice filed in Washington federal court.
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July 02, 2024
Pharma Co. Scores Exit In Investor Suit Over Primate Imports
A Massachusetts federal judge tossed every claim in a proposed class action claiming that pharmaceutical company Charles River Laboratories and its executives concealed their involvement in the illegal importation of nonhuman primates for research, ruling that the disputed statements are not false or misleading.
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July 02, 2024
Amway Parent Inks $1.5M Deal To End Retirees' 401(k) Suit
Amway's parent company will pay over $1.5 million to resolve a class action claiming it loaded its employee 401(k) plan with shoddy investments and excessive fees, plan participants leading the suit told a Michigan federal court.
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July 02, 2024
Levi & Korsinsky Appointed Lead In Instacart Pre-IPO Action
Levi & Korsinsky LLP has been appointed lead counsel for the investors in a suit alleging the grocery delivery company Instacart misrepresented its growth potential in the lead-up to its initial public offering.
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July 02, 2024
Chancery Cuts Sears Shareholders' $18.3M Award To $8.7M
Minority stockholders of Sears Hometown and Outlet Stores saw their class award in Delaware Chancery Court litigation trimmed from $18.3 million to $8.7 million Tuesday after former Sears CEO Edward S. Lampert and his co-defendants protested that the court had erred in its calculations.
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July 02, 2024
Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict
The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.
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July 02, 2024
Progressive, NY Drivers Set $48M Deal To End Car Value Fight
A class of drivers has asked a New York federal court to tentatively sign off on a $48 million settlement with Progressive insurers over allegations that the carriers undervalued and underpaid policyholders' claims for totaled vehicles, saying the agreement is an "excellent result" for the classes.
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July 01, 2024
TurboTax User Alleges Intuit Failed To Prevent Data Breaches
A former TurboTax customer hit Intuit Inc. with a proposed privacy class action in California federal court on Monday, accusing the maker of TurboTax and Credit Karma software of not doing enough to prevent an alleged data breach earlier this year that allegedly exposed thousands of users' personal identifying information.
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July 01, 2024
Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies
Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.
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July 01, 2024
Visa, Mastercard Judge Says Apple Fee Case Should Exit MDL
The Brooklyn federal judge handling multidistrict litigation over Visa and Mastercard merchant fees on Monday suggested that a case alleging the credit card companies had agreements with Apple that violated antitrust law should be sent back to Illinois federal court, saying the facts in the case are not similar enough.
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July 01, 2024
Immigrants Alleging Unlawful Detention Get Class Cert. In NY
A New York federal judge on Monday certified a class of hundreds of immigrants accusing the Suffolk County Sheriff's Office of unlawfully granting requests from U.S. Immigration and Customs Enforcement to detain them past their release date.
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July 01, 2024
Aerospace Co. Escapes 401(k) Mismanagement Suit, For Now
A California federal judge tossed a suit alleging an aerospace technology company failed to swap out an underperforming suite of investment funds from its $930 million retirement plan, ruling the workers behind the case needed to show how the company went wrong in its decision-making processes.
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July 01, 2024
GoDaddy Shareholders Balk At Further Chancery Delay
A special litigation committee that GoDaddy Inc. created in September 2023 in response to shareholder litigation over an $850 million tax asset buyout has 30 days to convince a Delaware Chancery Court judge that it is conducting a good-faith investigation and cooperating with the suing shareholders.
Expert Analysis
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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Changes To Note In New AAA Mass Arbitration Rules
The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.
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NY Discovery Stay Ruling Empowers Securities Defendants
A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.
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Opinion
Proposed Rule Misses The Mark On Improving MDLs
The Advisory Committee on Civil Rules' recently proposed rule on multidistrict litigation would provide some guidance for courts on managing MDLs — but without any requirement for the early vetting of claims, it is particularly unhelpful for defendants in pharmaceutical and product liability cases, say attorneys at Crowell & Moring.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.