Class Action

  • March 05, 2021

    CBD Co. Execs Can't Rewrite Admissions, Investor Says

    Executives of a CBD company shouldn't be allowed to take back admissions they already made, an investor in the company told a Nevada federal judge in regards to his case against them.

  • March 05, 2021

    CBD Co. Settles Data Breach Class Action In Mediation

    Hemp products company cbdMD Inc. and a proposed class of customers who say their debit and credit card information was compromised by two data breaches the company experienced in 2020 have told a federal judge that they reached a settlement in the case during mediation.

  • March 05, 2021

    Another CBD Co. Gets Consumer Suit Halted Over FDA Delay

    A Colorado CBD company has at least temporarily stopped a proposed class action accusing it of selling illegal products after a federal judge stayed the case until the U.S. Food and Drug Administration or Congress puts forward regulations on the ingredient.

  • March 05, 2021

    Pork Buyers Get Steering Committee In Antitrust Suit

    A Minnesota federal magistrate judge summarily agreed Friday to establish a plaintiff's steering committee for indirect pork buyers accusing Smithfield, Tyson and other major pork producers of a conspiracy to inflate prices.

  • March 05, 2021

    Roundup Claimants Slam 'Frankenstein-ian' $2B Bayer Deal

    Hundreds of attorneys and several consumer and legal advocacy organizations on Friday joined dozens of putative class members in the Roundup product liability case in urging a California federal judge not to approve a proposed $2 billion deal to settle claims that the weedkiller causes cancer, saying the "anemic" settlement benefits Monsanto and its parent company Bayer AG more than sick plaintiffs.

  • March 05, 2021

    4th Circ. Kills TCPA Suit Against Gov't Employees

    Federal employees can't be left on the hook for Telephone Consumer Protection Act violations if they were acting in their official capacity, the Fourth Circuit declared Thursday.

  • March 05, 2021

    Walgreens Settles PAGA Off-Duty Break Suit For $6.8M

    A proposed class of pharmacy workers asked a California federal judge on Friday to preliminarily approve a $6.8 million settlement that would resolve accusations Walgreens violated the Private Attorneys General Act and other labor laws when it failed to provide meal and rest breaks for its workers.

  • March 05, 2021

    Opioid Litigation Is Prying Open Vaults Of Big Pharma Secrets

    In an unveiling with few historical parallels, major pharmaceutical corporations are poised to settle sweeping opioid litigation by agreeing to publicize millions of pages of internal documents illustrating how they marketed and sold narcotic painkillers amid a dire addiction epidemic, according to lawyers and court records.

  • March 05, 2021

    Calif. Judge Slams Intuit's $40M TurboTax Deal As Unfair

    A California federal judge on Friday explained his reasoning for rejecting Intuit's proposed $40 million settlement that seeks to resolve proposed class claims alleging it duped customers into using its TurboTax's paid software, saying the deal doesn't adequately compensate class members and it makes it too difficult to opt out.

  • March 05, 2021

    Deputy's OT Suit Can Go On Despite 'Sham Affidavit' Claim

    A sheriff's patrol deputy's unpaid overtime lawsuit against his former employer can move forward, an Arkansas federal judge ruled, rejecting St. Francis County's contention that the deputy provided a "sham affidavit" about his hours.

  • March 05, 2021

    Capital One Beats COVID-19 Airline Ticket Refund Suit

    A New Jersey federal court on Friday tossed a proposed class action accusing Capital One Bank of trying to dodge refunds for flights canceled during the COVID-19 pandemic, ruling that the case is moot since the suing cardholder was eventually reimbursed.

  • March 05, 2021

    DePaul Students Say Online Exam Tool Breaks Privacy Law

    A proposed class claims DePaul University is illegally collecting and using students' biometric data through its online exam system in violation of Illinois biometric privacy laws and must be stopped and ordered to pay up.

  • March 05, 2021

    No Sanctions For Objector In Wells Fargo Fake Account Deal

    A California federal judge has declined to sanction an objector to a Wells Fargo settlement over fake accounts after investors accused the objector and his attorneys of extorting $1.75 million from the bank, saying the court won't order disgorgement of a settlement reached in a state court lawsuit.

  • March 05, 2021

    ​Postmates Steers Couriers' Wage, Benefits Suit To Arbitration

    A group of Postmates couriers must arbitrate their proposed wage and benefits class action, a Massachusetts federal judge ruled Thursday, saying that a recent First Circuit decision that freed local Amazon drivers from arbitration doesn't apply to the Uber Inc.-owned delivery giant.

  • March 05, 2021

    Apple Beats ITunes Gift Card Scam Assistance Suit, For Now

    A California federal judge Thursday tossed a lawsuit alleging Apple doesn't try to combat thieves who trick people into making payments with iTunes gift cards because the tech giant gets to keep a chunk of the scammed proceeds, saying the complaint doesn't show that Apple substantially helps the thieves.

  • March 05, 2021

    Full 9th Circ. Won't Rehear Tesla Model 3 Disclosures Suit

    The full Ninth Circuit won't review a panel's recent finding that Tesla's blunt warnings about production challenges for its Model 3 sedan nullified proposed class claims that the electric carmaker intentionally misled investors by covering up manufacturing bottlenecks and capacity problems.

  • March 05, 2021

    Dole's Win Bolsters Del. Corporations In D&O Coverage Fights

    The Delaware Supreme Court issued a landmark ruling March 3 that state law does not excuse a Dole directors and officers insurer from covering the food company's settlements of fraud-based claims, a decision that will aid other Delaware corporations in similar disputes with their D&O carriers.

  • March 05, 2021

    Judge Says Trip Insurance Suit Against United Can't Take Off

    A proposed class action accusing United Airlines of taking kickbacks in online travel insurance sales was grounded by an Illinois federal judge on Friday because the class of travelers couldn't say how the airline deceived them.

  • March 05, 2021

    NYC To Face Trial In Homeless Services Officers' OT Suit

    The city of New York is set to go to trial to face accusations from city Department of Homeless Services officers that it failed to pay overtime for pre- and post-shift work, after a New York federal judge denied an early win for either side.

  • March 05, 2021

    Judge Greenlights Beauty Salon's COVID-19 Coverage Suit

    A California federal judge permitted a beauty salon's proposed class action seeking COVID-19-related insurance coverage to proceed, ruling that it's "plausible" the salon experienced "direct physical loss" after not being able to use its property due to government closure orders.

  • March 05, 2021

    'Magic' Over As Hasbro Beats Suit Over Limited Edition Packs

    Hasbro Inc. has triumphed over a proposed class action brought by Magic: The Gathering players who had their eBay orders for a limited edition card pack canceled, with a Georgia federal judge saying the plaintiffs cited no new evidence in their bid to undo her dismissal of the suit.

  • March 05, 2021

    Gov't Fails To Get Employees' Shutdown Wages Suit Tossed

    The U.S. government can't escape a putative class action by federal law enforcement agency employees alleging untimely overtime and regular-wage payments during the 2018-2019 government shutdown, after the U.S. Court of Federal Claims refused to toss the case.

  • March 05, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Scotland's ferry services sue its insurer, Britain's new high-speed rail service face another contract challenge and an ex-Qatari prime minister's company hit with a new suit. Here, Law360 looks at those and other new claims in the U.K.

  • March 04, 2021

    LA Atty Must Disgorge $1.65M Fee For 'Egregious Conduct'

    A California judge ordered an attorney who represented Los Angeles Department of Water and Power customers in a faulty billing lawsuit to disgorge $1.65 million in attorney fees and be held in contempt and sanctioned Thursday, saying he disobeyed court orders and withheld information about possible collusion with the city's attorneys.

  • March 04, 2021

    7th Circ. Decertifies Class In Sex Harassment Suit

    The Seventh Circuit on Thursday reversed a lower court's order certifying a modified class of female correctional workers suing Cook County, Illinois, for sexual harassment, finding the class "cannot stand" because it is too diverse and because the workers have not identified a common question that unites them.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • Opinion

    Abusive M&A Litigation Highlights Need For Securities Reform

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    In-court M&A challenges that benefit plaintiffs counsel more than shareholders continue unabated, demonstrating the need for federal securities law reform to prevent what amounts to a deal tax on companies forced to pay mootness fee settlements and higher directors and officers insurance premiums, say attorneys at Seyfarth.

  • NY Rulings Show State Court Aversion To Securities Act Suits

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    In a welcome development for defendants, a New York state court's back-to-back rejections of Securities Act class claims in Sundial Growers and Lyu v. Ruhnn Holdings signal a growing judicial backlash against the flood of similar litigation following the U.S. Supreme Court’s 2018 decision in Cyan, say Israel Dahan and Alexander Noble at King & Spalding.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • EpiPen Ruling Could Embolden Private Anti-Kickback Claims

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    A Minnesota federal court's recent EpiPen decision, allowing private litigants to assert Anti-Kickback Statute violations, could expose companies to novel and aggressive AKS theories over which federal prosecutors have historically exercised discretion, say Allan Thoen and Callan Stein at Troutman Pepper.

  • Compliance Lessons From Newest Fla. Privacy Class Actions

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    To prepare for a new slate of privacy class actions, brought under Florida’s wiretapping statute against retailers using tracking software, companies should be assessing the placement, display and content of their technology disclosures and user agreements, say Ian Ross and Jorge Perez Santiago at Stumphauzer Foslid.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Mitigating BIPA Suit Risk Under Alternative Liability Theories

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    A recent Illinois federal court decision allowing a suit to proceed against Enterprise Leasing and its parent company for violating the state's Biometric Information Privacy Act shows why even companies that don't directly use biometric data must take proactive contractual measures to mitigate alternative liability exposure, says David Oberly at Blank Rome.

  • Validating Aggregate Securities Class Damage Estimates

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    Courts have been skeptical of using trading models to estimate damages in securities class actions, but recent settlement data demonstrates that the two-trader model or similar multitrader variants can accurately predict actual real-world damages, say Narinder Walia and Adam Werner at Crowninshield Financial.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Opinion

    11th Circ. Should Reconsider Remote Arbitration Subpoenas

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    In light of the pandemic and resulting advancements in teleconferencing practices, the Eleventh Circuit should consider revisiting its 2019 ruling in Managed Care Advisory Group v. Cigna Healthcare, which mandated in-person hearings for third parties' subpoena compliance, says Suzanne Wynn Ockleberry at Wynn Arbitration.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • When Domestic Securities Fall Outside Scope Of Federal Law

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    The Second Circuit’s recent opinion in Cavello Bay Reinsurance v. Stein, which held a private securities sale was extraterritorial despite several ties to New York, underscores that how transaction agreements are structured could affect whether a deal may be subject to federal securities laws — especially in an increasingly remote world, say attorneys at Cleary.

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