Class Action

  • May 20, 2024

    Atty Wants In On Ch. 11 Pause In Fraud Suit Against Law Firm

    A Houston attorney being sued for alleged misconduct in soliciting hurricane victims has asked a federal court to include him in a bankruptcy-triggered pause in the proceedings against his law firm, arguing that any judgment against him would effectively be against the law firm.

  • May 17, 2024

    Aramark Spinoff Faces Investor Action Over Slow Growth

    Uniform supplier Vestis Corp. was hit with a proposed class action on Friday alleging that it concealed years of underfunding prior to being spunoff by Aramark last year, leaving it unable to grow its revenue and retain customers.

  • May 17, 2024

    Trucking Co. Dodges Misclassification Suit, For Now

    A trucking company can temporarily escape claims that it misclassified drivers as independent contractors because the driver lodging the suit failed to show jurisdictional diversity, an Illinois federal judge ruled.

  • May 17, 2024

    Co-Lead Counsel Named In Baby Food Toxins MDL

    A California federal judge has tapped attorneys from Wisner Baum LLP and the Wagstaff Law Firm PC to lead multidistrict litigation alleging products from baby food manufacturers and distributors, including Walmart Inc. and Gerber Products Co., contain toxic metals and caused children to develop autism spectrum disorder and other conditions.

  • May 17, 2024

    T-Mobile Must Face Sprint Merger Suit Before Appealing

    The Seventh Circuit summarily rejected T-Mobile's move for interlocutory appeal in a proposed consumer class action targeting the company's 2020 merger with Sprint, allowing the case to advance to discovery after the district court denied T-Mobile's motion to dismiss in the fall.

  • May 17, 2024

    Tech Co. Can Force Solo Arbitration In 401(k) Forfeiture Suit

    A former Tetra Tech Inc. employee must individually arbitrate her suit alleging the company misused forfeited 401(k) contributions, a California federal judge said Friday, ruling federal benefits law doesn't override the arbitration agreement's bar on planwide reimbursement.

  • May 17, 2024

    Kohl's Directors' Aversion To Sale Was Self-Serving, Suit Says

    A Kohl's shareholder has hit the retailer's brass with a derivative suit alleging they covered up the results of a disastrous shift in business strategy and takeover offers, all in a bid to protect their own positions.

  • May 17, 2024

    Peloton Says Investors Are 'Manufacturing' Bike Recall Suit

    Fitness equipment company Peloton urged a New York federal judge on Friday to toss a suit alleging it overstated the safety of its bikes before the U.S. Consumer Product Safety Commission recalled roughly 2.2 million Peloton products over a bike seat defect, saying the investors are trying to "manufacture" a case from a voluntary recall.

  • May 17, 2024

    Bettors Say 6th Circ. Erred In Ruling Over Doped Derby Horse

    A group of gamblers who claim they had winning bets on the 2021 Kentucky Derby after officials stripped the lead horse of its title has petitioned the Sixth Circuit to rehear arguments after a panel of the court earlier this month affirmed the lower court's decision to toss the case.

  • May 17, 2024

    Dolce & Gabbana Sued Over 'Worthless' Digital Outfit NFTs

    Luxury fashion brand Dolce & Gabbana has been hit with a shareholder class action in New York federal court, alleging it sold consumers "essentially worthless" non-fungible tokens that it misrepresented as high-value and abandoned the project while retaining over $25 million that was used to fund it.

  • May 17, 2024

    Good Behavior Can Shave Contempt Sentences, Judge Rules

    A Michigan federal judge on Friday said he would not ask the state's highest court to decide whether civil litigants held in criminal contempt in state court can get time off their sentences for good behavior, saying he was confident justices would agree with him that they can.

  • May 17, 2024

    Cantor, Lutnick Strike Deal With Window SPAC Investors

    Shareholders of a special purpose acquisition company that took a now-bankrupt smart window manufacturer public have reached a tentative agreement to settle their proposed Delaware Chancery Court class action against Cantor Fitzgerald LP and its billionaire chair and CEO Howard Lutnick.

  • May 17, 2024

    Ga. OB-GYN Office Says Data Breach Class Action Falls Flat

    An Atlanta OB-GYN practice has urged a Georgia federal judge to dismiss a proposed class suit over a data breach that allegedly impacted the personal and protected health information of tens of thousands of patients, arguing the lead plaintiff has failed to meet the requirements of the Class Action Fairness Act.

  • May 17, 2024

    Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On

    The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.

  • May 17, 2024

    5th Circ. Won't Rethink SXSW Ticket Coverage Ruling

    The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.

  • May 16, 2024

    9th Circ. Won't Let Alexa Users Revive Voice Data Privacy Row

    The Ninth Circuit on Thursday refused to reinstate a proposed class action alleging Amazon's Alexa software illegally collects voice data to target users with advertisements, agreeing with the lower court that the e-commerce giant had clearly disclosed the practice and the plaintiffs hadn't shown they were harmed.

  • May 16, 2024

    Voice Actors Say Lovo Stole Their Voices For AI Tech

    Artificial intelligence startup Lovo has been stealing actors' voices for its AI-driven voice-over software, voice actors Paul Lehrman and Linnea Sage alleged in a proposed class action Thursday after they unexpectedly heard Lehrman's voice used in a podcast about the potential dangers of AI technology.

  • May 16, 2024

    $2B Default Recommended For Making Fair Trial 'Impossible'

    Years of lies should put a pair of Chinese electronics companies on the hook for over $2 billion in default judgment, a special master told a California federal judge, adding that their yearslong no-show and disregard of U.S. counsel advice to retain documents have rendered a fair trial "impossible."

  • May 16, 2024

    Albertsons Sued Over 'Naturally Flavored' Fruit Bar Labels

    Albertsons Cos. Inc. was hit with a proposed class action Wednesday in California federal court by a shopper who alleges the grocer falsely labels its breakfast cereal bars as containing natural flavors even though they're made with artificial ingredients derived from petrochemicals.

  • May 16, 2024

    BofA Customers Get Final OK For $8M Deal In ACH Fee Suit

    A North Carolina federal judge has granted final approval to an $8 million settlement for Bank of America customers who claim they were unfairly charged fees for Automated Clearing House transfers.

  • May 16, 2024

    BIC Hit With Class Action Over PFAS-Containing Razors

    The makers of BIC razors intentionally use so-called forever chemicals in several of their products but failed to mention that to customers, who say they wouldn't have bought the razors if they'd known they were exposing themselves to toxic chemicals.

  • May 16, 2024

    3rd Circ. Shuns Teva's 'Novel' Appeal On Israeli Investor Class

    The Third Circuit on Thursday turned away an appeal brought by Teva Pharmaceutical Industries Ltd., saying the class certification stage was not the right time to hear arguments over the "novel" question of the applicability of U.S. securities laws to Israeli-listed shares.

  • May 16, 2024

    Judge OKs Plan For Those Hit By Rescinded Trump Travel Ban

    Immigration advocates who sued the federal government said they were celebrating "a glimmer of hope" this week after a federal judge OK'd a plan that would require immigration officials to reconsider visa applications for people denied entry into the U.S. because of a Trump-era travel ban affecting individuals from Muslim-majority countries.

  • May 16, 2024

    Stubhub, Attys Face Sanctions Bid Over 'Strategy Of Evasion'

    Counsel for consumers seeking StubHub refunds for events canceled or rescheduled due to COVID-19 urged a California federal magistrate judge Thursday to sanction the online ticket platform and its lawyers, saying they've "engaged in a strategy of evasion, denial and distortion" to avoid producing hyperlinked documents despite a court order.

  • May 16, 2024

    Funko Beats Investor Suit Over Warehouse Move For Now

    Toy company Funko Inc. on Thursday beat a proposed investor class action alleging it failed to disclose accurate information about problems relocating a distribution center and updating critical software, with a Washington federal judge saying the investors have failed to prove the company's statements were false or misleading, among other things.

Expert Analysis

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Devil's In The Details On FDCPA, Article III Standing

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    The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Examining Illinois Genetic Privacy Law Amid Deluge Of Claims

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    After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.

  • Standardizing Early Case Appraisal In Securities Class Actions

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    While an initial economic assessment of securities class action litigation is far too often not undertaken, it's an important step in planning the defense strategy that can provide counsel, clients and insurers with a much clearer view of the case, and can be simplified through standardized analyses, says Assen Koev at SCA iPortal.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

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    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • Key Antitrust Class Certification Questions Remain Unclear

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    The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Keeping Up With Class Actions: A New Era Of Higher Stakes

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    Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.

  • What's Notable In JAMS' New Mass Arbitration Rules

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    The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • PE In The Crosshairs Of Public And Private Antitrust Enforcers

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    A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

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