Class Action

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    PDQ Execs Beat Worker Suit Over $12M Kwik Trip Sale Profits

    Four ex-executives of PDQ Food Stores Inc. on Tuesday escaped a proposed retirement benefits class action that an ex-employee brought alleging that the company's former leaders used its 2017 sale to Kwik Trip to pay themselves $12 million, but co-defendant GreatBanc must still face allegations that it allowed the purchases.

  • June 28, 2022

    Airport Workers, Food Provider Ink $1.3M Time Trimming Deal

    Food service workers at Chicago Midway International Airport asked an Illinois federal judge on Tuesday to give an initial green light to a $1.3 million deal brokered with an airport food provider to resolve their proposed class and collective action alleging that the company trimmed hours from workers' timecards.

  • June 28, 2022

    Veteran Opposes 3M's Gov't Contract Defense In Earplug Suit

    A U.S. Army veteran who won $1.7 million over hearing loss attributed to 3M earplugs hit back at the company's attempt to revive the dispute, telling the Eleventh Circuit that a lower court correctly shut down its bid to claim immunity as a government contractor.

  • June 28, 2022

    Wells Fargo Escapes Suit Over Alleged Zelle Scams, For Now

    A Seattle resident who filed a class action suit accusing Wells Fargo and Zelle of failing to protect customers from scammers, who can use Zelle's mobile payment app to potentially steal thousands of dollars from accounts, has dropped his claims.

  • June 28, 2022

    Sens. Ask Minor Leaguers About MLB Antitrust Exemption

    A bipartisan group of senators have sent a letter to an advocacy organization for minor league baseball players asking about how Major League Baseball's century-old exemption from antitrust law has impacted ballplayers in the game's lower professional ranks.

  • June 28, 2022

    Ex-Northwestern Law Student's 'Unintelligible' Suit Tossed

    An Illinois federal judge threw out a suit by a former law student claiming his suspension and expulsion from Northwestern University were rooted in discrimination, calling the complaint "so long, confusing, and unwieldy that it is unintelligible."

  • June 28, 2022

    Instagram Photo Embedding Fight Lands In 9th Circ.

    The Ninth Circuit has been asked to revive a proposed class action challenging how easily Instagram lets websites embed photos, with two photographers arguing that a lower court relied on an outdated test that has been rejected by "virtually every court" considering the same issue.

  • June 28, 2022

    Daikin Can't Take Bid To End PFAS Claims To Ga. Justices

    A Georgia federal judge has rejected Daikin America Inc.'s bid to ask the state's Supreme Court or the Eleventh Circuit to weigh in on whether it and other manufacturers of per- and polyfluoroalkyl substances could be held liable for water pollution in Georgia.

  • June 28, 2022

    Policyholder Hopes Tested In Virus Case At Wash. High Court

    Washington’s top court seemed skeptical Tuesday that a pediatric dental practice’s slowdown of operations during the COVID-19 pandemic is tantamount to a loss caused by fire or rain requiring closure for repairs, in the court’s first in-person oral arguments held in over two years since the pandemic’s start.

  • June 28, 2022

    Former Ann Taylor Execs Beat Claims Of Duping Investors

    Former executives with the onetime owner of the Ann Taylor retail clothing brand defeated class claims alleging that they overstated the company's value before unveiling a roughly $1.3 billion impairment, with a New Jersey federal judge on Tuesday concluding that their "rosy" estimates did not amount to duping investors.

  • June 28, 2022

    McDonald's Defeats Ex-Workers' No-Poach Claims

    An Illinois federal court on Tuesday granted a bid from McDonald's to escape claims from ex-workers over the fast-food chain's alleged past use of no-poach provisions in its franchise agreements, saying there was too much competition for their labor to support an antitrust case.

  • June 28, 2022

    Objector Says $8.4M Uber Misclassification Deal Needs Work

    An objector raised concerns about the contents of an $8.4 million settlement that aims to shutter an Uber driver misclassification suit, arguing that the court should revisit the deal's release terms, its claim valuations and payout methods that burden the class.

  • June 28, 2022

    7th Circ. Won't Revive Antitrust Suit Against Radiology Board

    A Seventh Circuit panel on Tuesday affirmed the dismissal of an antitrust suit against the American Board of Radiology, saying the lead plaintiff "has fallen short" in showing the group illegally tied its initial board certification for radiologists to a continuous certification program some physicians would rather buy elsewhere.

  • June 28, 2022

    Denmark Asks Court To Keep $2.1B US Pension Tax Fraud Suit

    Several U.S. pension plans shouldn't be allowed to escape a suit from Denmark's tax agency claiming they committed a $2.1 billion fraud, the agency told a New York federal court, arguing the case doesn't impermissibly implicate foreign tax laws.

  • June 28, 2022

    Constangy Opens NJ Office With Top FordHarrison Atty

    Employment law firm Constangy Brooks Smith & Prophete LLP is expanding its East Coast presence by opening its second New Jersey office and bringing on former FordHarrison LLP partner Salvador Simao to oversee it.

  • June 28, 2022

    Gordon Rees Hires Ex-Fox Rothschild Litigator In Philly, NJ

    A commercial litigation attorney specializing in consumer class action defense has moved her practice to Gordon & Rees LLP's offices in Philadelphia and New Jersey after spending nearly 13 years with Fox Rothschild LLP.

  • June 28, 2022

    NFL Coaches In Race Bias Suit Want Contracts Mostly Public

    Former Miami Dolphins head coach Brian Flores and two other Black coaches suing the NFL and several teams for alleged race discrimination say their employment contracts should not be fully redacted in filings, arguing the public's interest in having open proceedings is "paramount."

  • June 28, 2022

    Senior Living Co. Says Insurers Stopped Paying Defense Bills

    A senior living community facing a class action over the way it calculates refunds for its residents is suing its insurers in New Jersey federal court, alleging they've stopped covering in full the community's defense costs in the underlying case despite having done so for years.

  • June 27, 2022

    Groupon To Pay $13.5M To End Investors' Hidden Losses Suit

    Groupon Inc. has agreed to pay $13.5 million to end a proposed securities class action that alleges it misled investors about its financial health before ending its sale of physical goods and announcing the departure of two top executives, the investor said in Illinois federal court on Monday.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Opioid Distributors Cut $250M Deal With Holdout Okla. AG

    McKesson, Cardinal and AmerisourceBergen have agreed to pay $250 million to resolve Oklahoma Attorney General John O'Connor's claims the opioid distributors fueled the Sooner State's opioid crisis — months after O'Connor rejected a nationwide deal that he claimed would have short-changed Oklahomans, according to a statement Monday from O'Connor.

  • June 27, 2022

    Gold Price-Fixing Deal Could Imperil Other Claims, Court Told

    An investor suing Scotiabank for alleged precious metals futures spoofing is objecting to a proposed $50 million settlement that would end a separate gold price-fixing case against the bank and other financial institutions, telling a New York federal judge that the deal's release of claims should be narrowed.

  • June 27, 2022

    McDonald's Customer Sues Over Mobile App's Payment Glitch

    McDonald's got hit Friday with a proposed class suit seeking refunds for customers who've allegedly had to pay for their orders twice because of a glitch in the company's mobile app that can prevent their card payments from reaching its stores.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • A Robust Tool For Defending Against Illinois Biometric Suits

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    Many defendants in class actions brought under the Illinois Biometric Information Privacy Act may be able to avail themselves of the law's financial institution exemption, which, as two recent cases demonstrate, covers a range of entities beyond traditional banks — but parties must be able to establish their entitlement to this defense, says David Oberly at Squire Patton.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Arbitration Rulings Suggest Courts Need More Info On ERISA

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    A Colorado federal court's recent Federal Arbitration Act decision in Harrison v. Envision is the latest example of a court not considering important extrastatutory materials that are key to interpreting ERISA and casts significant doubt on whether courts have been interpreting ERISA properly in arbitration cases, says Rick Pearl at Faegre Drinker.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Why Medical Product Cos. Must Watch Dobbs Decision

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    The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

  • Opinion

    Supreme Court Should Review Flight Break Mandate

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    Despite government pushback, the U.S. Supreme Court should review Virgin America v. Bernstein, a Ninth Circuit decision that would require meal and rest breaks for flight attendants, as federal law and California regulations are in clear conflict and threaten to disrupt national air transportation, says Patricia Vercelli at Airlines for America.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Suits Against Google Signal Increased 'Dark Patterns' Scrutiny

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    Recent lawsuits brought against Google by attorneys general in multiple states illustrate a growing trend of pushback against dark patterns — design tricks that harmfully manipulate consumer behavior — so companies should ensure their current and future marketing practices do not put them at risk, say attorneys at Sidley.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • How To Avert Unlawful Poaching Amid Rising Antitrust Risks

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    Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

  • Opinion

    State Crackdown On Deceptive Ads For Drug Suits Is Welcome

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    Advertising aimed at recruiting plaintiffs for drug and medical device litigation can have serious consequences for patients who stop taking needed medicines after viewing the campaigns — so recent efforts by states to curb misleading claims in these ads should be adopted more widely, say Victor Schwartz and Cary Silverman at Shook Hardy.

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