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Class Action
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August 23, 2024
Apple Sued Over Warranty Fees Charged To Old Devices
Apple was hit with a putative class action in California federal court Friday accusing it of failing to cancel AppleCare+ subscription contracts for customers who trade in or return their devices and continuously charging them monthly fees for devices they no longer own.
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August 23, 2024
The Biggest Product Liability Cases Of 2024: A Midyear Report
A U.S. Supreme Court ruling that formally ended judges' decades-long deference to federal agencies' understanding of the law, as well as multibillion-dollar settlements over so-called forever chemicals, made Law360's list of top product liability developments so far this year.
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August 23, 2024
Ill. Cheer Parents Can Join $82.5M Antitrust Varsity Brand Deal
A Tennessee federal judge on Friday allowed cheer parents from Illinois to participate in an $82.5 million antitrust class action settlement reached with academic apparel giant Varsity Brands, finding they could receive settlement benefits without delaying the process or increasing administrative costs.
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August 23, 2024
Drugmakers' 'Subjective Beliefs' Obscured In Antitrust Case
A Pennsylvania federal judge has denied a request from direct purchasers of pharmaceuticals to compel the leaders of Abbott Laboratories and other companies to express "subjective beliefs" about sham patent litigation they allegedly engaged in, dismissing the purchasers' fears that the companies would change their position on certain issues at the last minute during trial.
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August 23, 2024
NY Lawmakers Hit With ADA Suit Over Contentious Mask Ban
A Long Island, New York, county that recently made it illegal for certain individuals to wear face masks in public has been hit with a lawsuit by a legal advocacy group alleging the ban discriminates against people with disabilities.
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August 23, 2024
Cantor, Lutnick OK $12M Deal To End View Inc. Suit In Del.
Cantor Fitzgerald LP and its billionaire Chair and CEO Howard Lutnick on Thursday agreed to a $12 million settlement to resolve stockholder challenges to a special purpose acquisition company transaction that took window company View Inc. public, with a Delaware Court of Chancery hearing set for Dec. 6.
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August 23, 2024
Longshoremen's Union Defeats Fair Representation Claims
An International Longshoremen's Association local has defeated three members' accusations that it breached its duty of fair representation by funneling work opportunities to union leaders' family and friends, with a Georgia federal judge ruling the allegations were based on speculation.
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August 23, 2024
Everest Re Unit Escapes Data Breach Class Action
A New Jersey federal judge has tossed a proposed class action claiming that an Everest Re unit failed to protect customers' personal information during a data breach, ruling that the suit fails to show that the company had a duty to protect their information.
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August 23, 2024
Class Wants $2.1M In Fees In Home Depot Hose Fight
A class suing Home Depot Corp. and Reliance Worldwide Corp. asked a Georgia federal judge to award them $2.1 million in attorney fees, more than $160,000 in expenses and $35,000 for class representative service awards in connection with a settlement that was preliminarily approved in March.
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August 23, 2024
LegalShield Used AI To Record Clients, Suit Says
Online legal service company LegalShield has been letting a call center software company use artificial intelligence to intercept, analyze and record its customer calls and chats, according to a lawsuit recently pulled into California federal court.
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August 23, 2024
SPAC Investors Ask Full 9th Circ. To Rethink Lucid Merger
Investors have urged the full Ninth Circuit to rethink a panel's refusal to revive their proposed class action alleging that Lucid duped them into buying stock in a special purpose acquisition company ahead of the electric vehicle maker's $11.75 billion merger, arguing that the panel's holding misconstrues U.S. Supreme Court precedent, among other issues.
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August 23, 2024
Client Says Negligence Led To NJ Firm's Ransomware Attack
A client of The Wacks Law Group LLC hit the New Jersey firm with a proposed class action claiming that its negligence in properly securing its data storage led to the theft of hundreds of clients' personal information in a March cyberattack.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 23, 2024
1st Circ. Says Longshoremen Local Still On Hook For $1.7M
The International Longshoreman's Association pension fund is entitled to collect nearly $1.7 million in unpaid contributions and attorney fees from a union local in San Juan, Puerto Rico, following a merger with another local that had been in arrears, the First Circuit has ruled.
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August 23, 2024
Union 401(k) Plan Trustees Strike $5M Deal To End ERISA Suit
Two elevator workers asked a Pennsylvania federal court to sign off on a $5 million settlement that would wrap up a proposed class action alleging their union's retirement plan was loaded with excessive administrative fees and shoddy investment options.
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August 23, 2024
Firms Seek $20M Fee After $58M Deal In Shire Antitrust Suit
A group of nine firms led by Hagens Berman Sobol Shapiro LLP asked a Massachusetts federal judge to sign off on $20 million in fees and expenses after securing a $58 million settlement with drugmaker Shire PLC in a yearslong antitrust class action.
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August 22, 2024
Authors Can't Use Discord Chats In Meta AI Copyright Suit
A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.
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August 22, 2024
PBMs Can't Yet Duck Municipalities' Claims In Opioid MDL
The Ohio federal judge overseeing multidistrict opioid litigation on Thursday refused, for now, to throw out claims against pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., finding that the PBMs' arguments were brought too early and a more robust record is needed.
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August 22, 2024
Calif. Justices Revive PwC's $2.5M Sanction Against LA
The California Supreme Court on Thursday unanimously restored a $2.5 million sanction sought by PwC against the city of Los Angeles for pervasive discovery misconduct in an underlying utility billing fight, finding that the trial court had the authority to impose monetary sanctions under the state's Code of Civil Procedure.
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August 22, 2024
Texas Appeals Knocks $1M Hernia Mesh Fee Ask Down To $135K
A Texas appeals court on Wednesday upheld an arbitration award of $135,000 in attorney's fees in a decadeslong hernia mesh litigation dispute while denying the firm's request for $1 million.
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August 22, 2024
9th Circ. Revives Suit Over App-Maker's Anti-Bullying Pledge
The Ninth Circuit on Thursday revived a lawsuit against anonymous messaging app-maker Yolo Technologies over claims it didn't enforce its commitment to reveal and ban users who harass and bully others, finding Yolo repeatedly promised to do so, but never did, "and may have never intended to."
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August 22, 2024
9th Circ. Revives Military Bias Claims Against Alaska Airlines
The Ninth Circuit on Thursday revived a class action alleging Alaska Airlines illegally denied accrued vacation and sick time to pilots on military assignments, saying the case now has the benefit of a decision from the court in a similar case involving the airline.
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August 22, 2024
Judge Trims Indigenous Group's South Dakota Hotel Bias Suit
A South Dakota federal judge has axed an Indigenous advocacy group's class allegations while holding bids to dismiss civil rights claims against a Rapid City hotel in abeyance in a discrimination lawsuit that alleges that the business threatened to ban all Native Americans patrons following a shooting in one of its rooms.
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August 22, 2024
Consumers Will Appeal Tossed Apple Web App Antitrust Case
Consumers have told a California federal court they plan to appeal the dismissal of a case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps, instead of amending the proposed class action.
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August 22, 2024
Calif. Panel Backs Arbitration Denial In Staffing Co. Wage Suit
A California state appeals court refused to ship to arbitration a worker's lawsuit accusing a staffing agency of unlawfully miscalculating his sick leave wages, saying the arbitration pact he signed promised that all Private Attorneys General Act claims will be litigated in court.
Expert Analysis
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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Why Calif. Courts Are Split On ERISA Forfeited Contributions
A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.