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Class Action

January 27, 2022
3M Hit With $110M Verdict In Fla. Military Earplug Bellwether

A Florida federal jury on Thursday sided with two service members who say they suffered hearing damage from using 3M earplugs, awarding the men $110 million in damages, the largest verdict in the sprawling multidistrict litigation's bellwether series to date, according to attorneys for the plaintiffs.
January 27, 2022
Teva Gets Nod For $420M Price-Fixing Deal With Investors

A Connecticut federal judge granted preliminary approval to a $420 million deal resolving an investor class action accusing Teva Pharmaceuticals of orchestrating an industrywide price-fixing scheme, holding that the agreement is reasonable and there are no obvious red flags.
January 27, 2022
6 Breyer Product, Personal Injury Opinions Attys Should Know

U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.
January 27, 2022
Evenflo Escapes Deceptive Marketing Booster Seat MDL

A Massachusetts federal judge on Thursday freed Evenflo Co. from a multidistrict deceptive marketing suit over its Big Kid booster seats, finding that the consumers had not put forth a plausible theory for how they were harmed economically by purchasing the seats.
January 27, 2022
ICE Agrees To Detainee Virus Safety Rules In Class Settlement

The federal government has agreed to a slew of COVID-19 safety measures at two U.S. Immigration and Customs Enforcement detention facilities in California, according to a bid Thursday for preliminary approval of a class settlement with current and former detainees alleging they were not protected from the virus.
January 27, 2022
Northrop's Pension Denials 'Appropriate,' Judge Told

A Northrop Grumman executive testified at a California federal bench trial Thursday over Employee Retirement Income Security Act class claims and said an "appropriate" interpretation of a retirement plan it oversees can leave some workers with no pension benefits despite years of service.
January 27, 2022
Breyer's Departure Opens Door For More Reliable Privacy Vote

Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties.
January 27, 2022
Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.
January 27, 2022
Attys Get $3M For Repping Chinese Fintech Firm's Investors

A legal team comprising attorneys from the Rosen Law Firm PA, Robbins Geller Rudman & Dowd LLP and Scott+Scott Attorneys at Law LLP will receive a $3 million fee for representing inventors in the digital consumer finance company previously known as PPDAI Group Inc., a federal magistrate judge in New York determined.
January 27, 2022
5 Breyer Opinions For Financial Services Attys To Know

U.S. Supreme Court Justice Stephen Breyer's views on issues like securities fraud liability, antitrust enforcement and federal preemption have left their mark on the financial services legal landscape. Here, Law360 looks at some of his key opinions in the field as the longtime liberal justice heads for the exit.
January 27, 2022
The Term: Breyer's Legacy And The Nomination To Come

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.
January 27, 2022
Attys Seek $150K Fee Award In Cannabis Cos.' TCPA Deal

A class of Washington state residents who received unsolicited commercial text messages from two cannabis companies has moved to secure $150,000 in attorney fees after striking a deal to settle their Telephone Consumer Protection Act claims for $618,000 in store vouchers.
January 27, 2022
Fla. Judge Gives Cancer Patients Win Against Aetna

A Florida federal judge granted two cancer patients a win Thursday in their proposed class suit against Aetna claiming they were wrongfully denied coverage for proton beam radiation therapy under their employer-issued health plans.
January 27, 2022
Breyer Retiring As Supreme Court Lurches Right

Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?
January 27, 2022
2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.
January 27, 2022
Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.
January 27, 2022
Genworth Policyholders Ask Chancery For $1.55B Escrow

A group of policyholders who allege that Genworth Financial Inc. sabotaged the value of their long-term care policies through fraudulent asset transfers has asked the insurance company to set aside $1.55 billion for damages they are seeking in a Delaware Chancery Court class action.
January 27, 2022
Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.
January 27, 2022
Pediatricians Urge 3rd Circ. To Uphold School Mask Mandates

The Pennsylvania chapter of the American Academy of Pediatrics urged the Third Circuit to allow mask mandates for children attending a Pittsburgh-area school district, saying such rules help protect children who may be more vulnerable to COVID-19.
January 27, 2022
Labor Must Face Trimmed H-2B Wage Rule Challenge

A D.C. federal judge nixed claims in a lawsuit brought by Louisiana crawfish peelers who say the H-2B guest worker program is driving down their pay by allowing employers to submit their own prevailing wage data rather than using figures from the Bureau of Labor Statistics.
January 27, 2022
Staffing Co. Says No Expert Needed On Strike-Breakers' Risks

Counsel for a temp agency said a labor expert's opinion wasn't necessary to drive home the dangers its workers faced crossing picket lines at a Pennsylvania steel mill, and asked a federal judge Thursday to exclude her testimony from a lawsuit over whether the temps should have been paid while being shuttled past the workers they were replacing.
January 27, 2022
Labaton Nabs Lead In Honest Co. Investor's Diaper IPO Suit

Labaton Sucharow LLP will represent a proposed class of investors in the Honest Co. baby and beauty concern in a suit accusing the company of failing to properly explain that it might see a post-lockdown slump in diaper sales ahead of its May 2021 initial public offering.
January 27, 2022
Customer Drops Claims Uber Eats Overcharged Sales Tax

A New York Uber Eats customer dropped a proposed class action Thursday that claimed the delivery service overcharged customers because of how it calculates sales taxes with its promotions.
January 27, 2022
Bessemer Trust Favors Proprietary Funds, Class Action Says

Bessemer Trust Company has been hit with a proposed class action in New Jersey federal court over claims that it has engaged since 2016 in unlawful self-dealing and shown favoritism to its proprietary Old Westbury Funds, causing investors to experience increased fees and meager returns.
January 27, 2022
Facebook Data Antitrust Suits Get New Judge

A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

Editor's Picks

NFL Seeks To End Race-Based Concussion Tests After Outcry

The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.

Expert Analysis

And Now A Word From The Panel: 2021 MDLs In Review

The most notable trend in multidistrict litigation in 2021 was a 25% decrease in the number of new petitions for MDL proceedings — but a deeper dive into the numbers suggests that, on the whole, MDLs are thriving, and continuing to have a major impact, says Alan Rothman at Sidley.
Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.
How AI Can Transform Crisis Management In Litigation

Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.
Supervisor Relationships Are Key To Beating Atty Burnout

In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.
The New Antitrust Agenda's Impact On Energy And Chemicals

The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.
Online Subscriptions Face New Calif. Arbitration Standard

After a California state appeals court's recent ruling in Sellers v. JustAnswer against a website's so-called sign-in-wrap agreement that bound consumers to individual arbitration, companies offering recurring subscriptions to California consumers should reevaluate their enrollment processes, says Joseph Addiego at Davis Wright.
How Magistrate Judges Can Help Tame Large Product MDLs

As multidistrict product liability litigations swell in size, taking on board increasing numbers of individual cases that may lack merit, courts may want to consider employing magistrate judges to evaluate pending claims through streamlined summary judgment proceedings, says Douglas Smith at Aurelius Law Group.
Corporate Boards Need Not Fear 7th Circ. Boeing Decision

The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.
4 Consequences Of Gov't Contractor Antitrust Violations

Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.
Northwestern ERISA Case Highlights Compliance Lessons

As we await the U.S. Supreme Court's decision in Hughes v. Northwestern, and its impact on Employee Retirement Income Security Act litigation, it is important to implement plan sponsor best practices that mitigate exposure to costly, time-consuming class action and fiduciary breach lawsuits, say Philip Koehler and Anne Hall at Hall Benefits Law.
What Workplace Class Settlement Trends Mean For 2022

2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.
The Rising Demand For Commercial Litigators In 2022

Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.
6 Months On, Liability Lessons From Surfside Condo Collapse

The collapse of the Champlain South Tower in Surfside, Florida, and the ongoing litigation that has followed serve as a wakeup call to engineers and contractors, who should review best practices for communicating warning signs and negotiating liability-limiting contract clauses, says Adrien Pickard at Shapiro Lifschitz.
How In-House Counsel Can Make The Case For Settling Early

Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.
To Retain Talent, GCs Should Prioritize Mission Statements

With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.