Class Action

  • July 30, 2021

    House Dems Want More District Judges, Too — 203 Of Them

    A group of House Democrats on Friday unveiled a proposal to create 203 new federal judgeships, introducing legislation a day after a bipartisan pair of senators proposed adding 77 federal district court seats in the coming years.

  • July 30, 2021

    9th Circ. Won't Make Google Pay $8.5M Atty Fees In Ad Suit

    Google will only pay $725,000 to the attorneys representing online advertising network AdTrader in a putative class action over advertising account closures, rather than the $8.5 million the attorneys requested, the Ninth Circuit ruled Friday, finding the appeal is premature as the case is ongoing.

  • July 30, 2021

    Pa. Health Network Says Virus Losses Covered By Policy

    American Guarantee and Liability Insurance Co. has not provided a reasonable explanation for why it refused a Pennsylvania-based health network's claims for COVID-19-related losses under its $1 billion insurance policy, Allegheny Health Network has alleged in a lawsuit.

  • July 30, 2021

    Inovio Investors Move For Cert. In COVID-19 Vaccine Suit

    A class of investors moved for certification Thursday in their suit against biotechnology firm Inovio Pharmaceuticals Inc. and a cohort of company executives alleging that they misled the public about a coronavirus vaccine they purported to have in the works.

  • July 30, 2021

    Judge Refuses To Delay 3M Bellwether After Plaintiff Switch

    A Florida federal judge has refused to delay an upcoming bellwether trial in sprawling multidistrict litigation over allegedly faulty combat earplugs, saying 3M should be ready to face a new plaintiff after another dropped his case.

  • July 30, 2021

    El Pollo Loco Insider Trading Suit Tossed Out Of Del. Court

    The Delaware chancellor has tossed an investor lawsuit seeking derivative damages on behalf of restaurant chain El Pollo Loco over approximately $118 million in alleged insider trades, heeding a call to dismiss the suit by a special litigation committee set up by the company's board.

  • July 30, 2021

    House Dems Revive Push To Ban Workplace Arbitration

    House Democrats have reintroduced the Restoring Justice For Workers Act, which would ban mandatory arbitration clauses that prevent workers from bringing employment bias, pay and other claims in court.

  • July 30, 2021

    Sprint Says Phone Lease Cost Suit Belongs In Arbitration

    Sprint says that claims from two of its customers accusing the telecom company of misleading them about the true cost of its phone lease program belong in arbitration, not in California federal court.

  • July 30, 2021

    Arthur J. Gallagher Co. Hit With Suit Over Data Breach

    Insurance broker Arthur J. Gallagher Co. allegedly failed to protect thousands of customers' personally identifiable information, leaving those individuals exposed during a data breach last year, a proposed class of customers claims in Illinois federal court.

  • July 30, 2021

    7th Circ. Lets UnitedHealthcare Arbitrate TCPA Suit

    An Illinois chiropractor was correctly ordered to arbitrate his seven-year-old claim that UnitedHealthcare sent him an unwanted fax in violation of federal law, the Seventh Circuit said Friday.

  • July 30, 2021

    5th Circ. Says Boeing Can Shield Some Docs In Max RICO Suit

    The Fifth Circuit said Thursday that Boeing cannot be forced to hand over certain documents that the aerospace giant claimed were protected by attorney-client privilege in a proposed class action accusing Boeing of colluding with Southwest Airlines to keep unsafe 737 Max 8 jets in the air.

  • July 30, 2021

    L Brands Inks $90M Global Deal For 'Toxic' Workplace Suits

    Multichain specialty retailer L Brands announced a $90 million corporate governance reform agreement Friday to settle multiple derivative lawsuits seeking damages arising from "toxic" workplace conditions, including sexual harassment.

  • July 30, 2021

    Wawa, Consumers Get Nod For $12M Data Breach Deal

    A Pennsylvania federal judge on Friday gave her preliminary nod to a $12 million gift-card-and-cash settlement for customers of the Wawa convenience store chain in a lawsuit over a March 2019 data breach, over objections raised by employees who also sued.

  • July 30, 2021

    General Mills Beats Part Of Artificial Flavoring Suit

    An Illinois federal judge on Thursday trimmed a proposed class action claiming that General Mills misled consumers with claims that its products contain no artificial flavors, saying the lead plaintiff failed to show a likelihood of personal future harm and can't pursue injunctive relief.

  • July 30, 2021

    Wynn Resorts Can't End Investors' Revived Suit Over Ex-CEO

    A Nevada federal judge has cut down an amended proposed class action against Wynn Resorts and its current and former top brass for allegedly covering up former CEO Steve Wynn's sexual misconduct and causing a stock drop, finding that two of seven sets of purportedly misleading statements can go forward. 

  • July 30, 2021

    UnitedHealth Rule Rewrite Evinces Shift In Mental Health Care

    A UnitedHealth Group unit is almost two years into a court-ordered process of altering how it approaches mental health and substance abuse care, and attorneys say it likely won't be the only insurer facing a reckoning amid a national sea change on support for such treatment.

  • July 30, 2021

    BCBS Patient Seeks Pretrial Win On Cancer Coverage Suit

    A Texas man is seeking a pretrial win in a suit alleging Blue Cross Blue Shield of North Carolina improperly classifies an effective, common and well-regarded cancer treatment as experimental, saying the company can't defend its argument that proton beam radiation therapy isn't medically necessary for prostate cancer patients.

  • July 29, 2021

    Lawmakers Unveil Overhaul Of Judiciary Workplace Rights

    A bipartisan group of U.S. lawmakers on Thursday introduced a new comprehensive proposal to provide the 30,000 federal judiciary workers with the same rights and protections against discrimination, sexual harassment and other misconduct afforded to other government workers and those in the private sector.

  • July 29, 2021

    Mars Attacks 'Shoddiness' Of Firm's 'Recycled' False Ad Suit

    Mars has once again taken aim at the attorney behind several false advertising suits lodged against the confectionary giant, accusing the New York lawyer of "employing a raft of recycled complaints" at a pace that "reflects their shoddiness."

  • July 29, 2021

    McKinsey Opioid MDL Has A Need For Speed, Judge Says

    A California federal judge fired a proverbial starting pistol Thursday in multidistrict litigation over consulting giant McKinsey & Co.'s alleged role in the opioid crisis, telling attorneys at the MDL's first hearing to lace up their "track shoes" and expect swift rulings on pivotal threshold issues.

  • July 29, 2021

    Alphabet Investors Tell Judge Board Willfully Ignored COPPA

    Alphabet investors warned a California federal judge Thursday that he would set a "dangerous precedent" if he let Google and YouTube's parent company, Alphabet, and its top brass dodge a derivative action alleging that the tech behemoth knowingly collected children's online data in violation of the Children's Online Privacy Protection Act.

  • July 29, 2021

    Bipartisan Sens. Propose 77 New Fed. Judgeships Nationwide

    A bipartisan pair of senators on Thursday proposed adding 77 federal district court seats across the country, matching the judiciary's recommendations — except for omitted appellate seats — and splitting the new judgeships between 2025 and 2029 to sidestep partisan concerns.

  • July 29, 2021

    Law360's Tort Report: Missouri's Med Mal Cap Stays Put

    A $74 million jury verdict in a suit over a Kentucky motorist's death and a Missouri Supreme Court decision to keep intact the state's cap on certain medical malpractice damages lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • July 29, 2021

    MDL Objections In Big Tech Ad Monopoly Suits Perplex Judge

    A member of the Judicial Panel on Multidistrict Litigation on Thursday rebuked publishers and advertisers objecting to centralizing a Texas-led antitrust suit against Google with a slew of private actions accusing the company of monopolizing the display advertising market, saying their protest "is a little perplexing."

  • July 29, 2021

    Dick's, Best Buy, Tech Co. Sued Over Consumer 'Risk Scores'

    A group of consumers is suing Dick's Sporting Goods, Best Buy and other major retailers in a Pennsylvania federal court for contracting with a consumer reporting agency they claim invaded their privacy and violated state and federal laws.

Expert Analysis

  • 9th Circ. Honey Label Ruling Reflects 'Common Sense' Shift

    Author Photo

    The Ninth Circuit's recent dismissal of Moore v. Trader Joe's, a putative class action over a product labeled "100% New Zealand Manuka Honey," suggests that courts are growing more willing to dismiss labeling challenges that do not pass the reasonable-consumer test, say attorneys at Alston & Bird.

  • Will You Be Ready If Your Class Action Goes To Trial?

    Author Photo

    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Rolling Disclosure Cap Method May Lead To Lower Damages

    Author Photo

    In light of a California federal court's decision in a securities class action against Zoom, consultants at Analysis Group analyze how utilizing rolling disclosure cap methodology affects damage calculations, compared to the Private Securities Litigation Reform Act's more traditional final disclosure cap.

  • Law Firms, Know Who's Responsible For Your Cloud Security

    Author Photo

    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • And Now A Word From The Panel: Closing MDLs

    Author Photo

    While there are no firm rules that the Judicial Panel on Multidistrict Litigation uses to close out MDLs, and the pace has slowed a bit this year, there is a recent pattern as to when the panel will say farewell, says Alan Rothman at Sidley.

  • Benefits For Law Firms Venturing Into New Services

    Author Photo

    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

    Author Photo

    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Next Steps For Employers After Calif. Break Premium Ruling

    Author Photo

    California employers will need to take prompt action to address the logistical complications and potential liability resulting from the California Supreme Court’s recent retroactive decision in Ferra v. Loews Hollywood Hotel, holding that break periods must be compensated at employees’ regular rate of pay, says Penny Chen Fox at K&L Gates.

  • 5 Questions On Standing In The Wake Of TransUnion

    Author Photo

    While the U.S. Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

    Author Photo

    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • A Look At Tribal Involvement In Juul Litigation

    Author Photo

    The vaping epidemic has had a disproportionate impact on Native American tribes, and the ensuing litigation against Juul Labs has many parallels with Big Tobacco suits from the 1990s, but this time around tribes have a seat at the bargaining table, say Geoffrey Strommer and Riley Plumer at Hobbs Straus.

  • TransUnion Ruling Limits Standing But Could Hurt Defendants

    Author Photo

    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez could represent a pyrrhic victory for the defense bar by further shifting class standing from a motion-to-dismiss argument to one that is not ripe until summary judgment, which could present a multibillion-dollar problem for defendants in data privacy litigation, say David Saunders and Peter Scheyer at McDermott.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

    Author Photo

    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Opinion

    Time To Allow More Streamlined Class Action Notice Formats

    Author Photo

    While content requirements for class action notices to potential plaintiffs were updated in 2018 to bring them into the internet era, the accelerating pace of modern life and changing communication trends justify the use of even shorter short-form notices, says Gina Intrepido-Bowden at JND Legal Administration.

  • Awaiting High Court Answer On Post-Cyan Discovery Issue

    Author Photo

    The U.S. Supreme Court’s forthcoming decision in Pivotal Software v. Tran next term may clarify a question begat by the court’s 2018 Cyan decision — whether the Private Securities Litigation Reform Act’s automatic discovery stay provision applies in state courts — and thereby lessen the burden on parties litigating amid the ambiguity, says Liz Cassady at Steptoe & Johnson.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!