Class Action

  • May 13, 2021

    DraftKings Reneged On NHL Game Payout, Mich. Bettor Says

    A Michigan sports gambler hit DraftKings Inc. with a putative class action Wednesday claiming it wrongly refused to pay out his winnings after a National Hockey League favorite was incorrectly listed as an underdog.

  • May 13, 2021

    Cumulus Says Worker's Separation Pact Blocks ERISA Suit

    Cumulus Media urged a Georgia federal judge to deal the final blow to a proposed class action accusing it of mismanaging employees' retirement plan, saying the sole remaining named plaintiff had signed an "unambiguous" separation agreement that blocked him from suing.

  • May 13, 2021

    Raytheon Balks At Hourly Rate In $8.5M ERISA Fee Ask

    Raytheon Co. has urged a Massachusetts federal judge to shrink what it calls a bloated $8.5 million fee request by attorneys who secured a $59 million settlement in a benefits class action, saying Wednesday that amount would equate to a staggering $3,800 hourly rate.

  • May 12, 2021

    Attys 'Wasting Time' In Sluggish Opioid Trial: Calif. Judge

    A bummed-out California judge on Wednesday lambasted loquacious lawyers for handling the nation's second opioid crisis trial at a decidedly West Coast clip, declaring that they've been "wasting time" with irrelevant inquiries during four weeks of increasingly tedious testimony.

  • May 12, 2021

    Gibson Dunn Partner Questioned On 7-Figure Donziger Bills

    A Gibson Dunn partner with a lead role in pursuing financial information from Chevron foe Steven Donziger acknowledged during cross-examination Wednesday that the oil giant was willing to spend millions to pursue an $800,000 judgment and other relief against him.

  • May 12, 2021

    Don't Let Insurer Expand Ruling's Reach In MDL, Court Told

    A group of Society Insurance Co. policyholders urged an Illinois federal judge Wednesday not to let their insurer cite a limited bellwether ruling to pursue dismissal of all civil authority and contamination claims in multidistrict litigation over its COVID-19 coverage refusals.

  • May 12, 2021

    SC Justices: Insurers Can Factor Labor Costs In Loss Values

    The South Carolina Supreme Court said Wednesday a Travelers unit correctly depreciated labor costs for property repair when calculating the cash payment amounts for its policyholders' home damages, answering a certified question from a South Carolina federal court.

  • May 12, 2021

    Trulieve Says Investors' Moldy Pot Suit Doesn't Pass Muster

    Florida's largest medical cannabis company has asked a federal judge to toss a consolidated securities suit once and for all, saying the investors had failed to allege that the company misled anyone about the risks of crop contamination.

  • May 12, 2021

    Private Eyes Want $1.2M Deal OK'd In OT Wages Suit

    Private investigators asked a New York federal magistrate judge to give his initial nod Wednesday to a $1.2 million settlement ending a proposed class action accusing the private investigation firm CoventBridge of stiffing them on overtime wages and travel time pay.

  • May 12, 2021

    FAA Can't Dodge Racial Discrimination Suit Over Hiring

    The U.S. Department of Transportation must face a Civil Rights Act suit over the Federal Aviation Administration's Obama-era changes to its air traffic controller job application process, a D.C. federal judge held Wednesday, denying the department's bid to partially toss the suit.

  • May 12, 2021

    Wawa Gets Employee Pay Claims Trimmed In Data Breach Suit

    Convenience store chain Wawa Inc. can't duck employees' claims that their payment and personal information were stolen in a data breach, but claims the company also shorted them on overtime and made them work off-the-clock were tossed by a Pennsylvania federal judge Wednesday.

  • May 12, 2021

    PureCycle Allegedly Misled Investors Ahead Of SPAC Tie-Up

    A proposed class of investors is accusing Florida plastic recycling company PureCycle of misleading them about its technology and financial projections, as well as its access to raw materials, as it went public through a merger with a blank-check company earlier this year.

  • May 12, 2021

    Black FDNY Workers Lose Cert. Fight In Bias Battle

    A federal judge in Manhattan refused to certify a class of Black employees in a lawsuit accusing the Fire Department of New York of discriminating against Black workers and job seekers, finding Wednesday that the proposed 400-member class doesn't have enough in common.

  • May 12, 2021

    Geico Accused Of Pressuring Workers Out Of Claiming OT

    Insurance giant Geico was hit with a proposed collective and class action in Pennsylvania federal court Wednesday by a longtime employee who claims she and other regional claims adjusters are routinely overworked and underpaid.

  • May 12, 2021

    American Airlines Tries Again To Shake Biometric Class Suit

    American Airlines has told an Illinois federal judge that courts lack jurisdiction over biometric privacy complaints against a unionized airline, saying all state law claims are preempted by collective bargaining agreements under the Railway Labor Act.

  • May 12, 2021

    Ad Agency Wants To Revive Beef With NRA After Ch. 11 Toss

    The National Rifle Association's former advertising agency asked a Texas federal court on Wednesday to lift a stay on its defamation counterclaim against the group, lodging the request one day after a Texas bankruptcy judge tossed the NRA's Chapter 11 case.

  • May 12, 2021

    Calif. Firefighters Secure $100K OT Settlement On 2nd Try

    A Golden State fire district agreed to pay $100,000 to settle a collective action claiming it cheated firefighters out of their full overtime wages by miscalculating their regular rate of pay, according to an order filed in California federal court.

  • May 12, 2021

    Ticketmaster Users' Monopoly Suit Set For Arbitration

    A California federal judge has tentatively ruled that concertgoers must arbitrate claims that Live Nation Entertainment Inc. and its subsidiary, Ticketmaster LLC, are monopolizing ticket sales.

  • May 12, 2021

    Wells Fargo Can't Escape ERISA Self-Dealing Suit

    Wells Fargo must face a proposed class action accusing it of wrongly including proprietary investment options in its employee 401(k) plan and engaging in prohibited party-in-interest and self-dealing transactions, a Minnesota federal judge ruled Wednesday.

  • May 12, 2021

    Chesapeake's Ch. 11 Deal On Royalty Suits Approved In Texas

    A Texas bankruptcy judge approved a deal Tuesday that resolves about $150 million in claims levied against reorganized debtor Chesapeake Energy by landowners who say they were underpaid on royalty obligations owed by the debtors.

  • May 12, 2021

    BMW Germany Can't Duck Emissions Suit, But Bosch Can

    A New Jersey federal judge has kept alive claims against BMW's German parent company in a proposed class action alleging BMW collaborated with car parts maker Bosch to rig certain vehicles with emissions-cheating software but allowed Bosch's German parent company to escape the litigation.

  • May 12, 2021

    Bumble Bee Drops From Tuna MDL, But Attys Can't Buzz Off

    A massive price-fixing litigation against bankrupt tuna giant Bumble Bee has been stayed in California federal court, but the presiding judge said its lawyers can't quit the case because doing so subjects the company to default.

  • May 12, 2021

    Buyback Padded Founders' Pockets, Travel Co. Workers Say

    A proposed class of World Travel Inc. employees has accused Prudent Fiduciary Services and its owner of overpaying for a $200 million stock buyback from the company's founders by saddling the employee ownership plan with "tens of millions" of dollars in debt.

  • May 12, 2021

    Rosen Law Will Lead Walmart Investor Suit In Delaware

    The Rosen Law Firm PA has been appointed to lead a consolidated securities suit in Delaware federal court claiming Walmart misled investors about its part in the opioid epidemic, with Farnan LLP to serve as liaison counsel in the proposed class action.

  • May 12, 2021

    Judge Tosses False Ad Suit Over Topco's Infant Pain Reliever

    An Illinois federal judge on Tuesday dismissed a suit alleging retailer Topco Associates LLC misled consumers by charging substantially higher prices for its infants' pain reliever than the children's version when they contain equal acetaminophen, saying it's preempted by the Food, Drug, and Cosmetic Act.

Expert Analysis

  • Challenging Class Cert. When Plaintiffs Missed 'False' Ad

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    False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Avoiding Biometric Privacy Class Actions After Md., NY Bills

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    Pending biometric privacy laws in Maryland and New York, if passed, could trigger other jurisdictions to follow suit, so businesses should start implementing compliance practices now to stave off a wave of class actions, says David Oberly at Blank Rome.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Series

    Winner's Playbook: Behind The Scenes Of Lamps Plus

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    The U.S. Supreme Court issued a major decision on class arbitration in Lamps Plus v. Varela two years ago. Now, attorneys at Lewis Brisbois and Mayer Brown explain how their work for Lamps Plus developed the law on interpreting arbitration agreements that exclude language expressly addressing class arbitration.

  • How D&O Coverage Fits Into Diversity Claim Mitigation

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    As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

  • Employer Compliance Tips For Calif. Heat Recovery Breaks

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    As the weather warms up, California employers can reinforce worker safety and reduce class action risk by managing state requirements for breaks to prevent heat illness, which are significantly different from regulations for meal and rest breaks, says Michael Nader at Ogletree.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • D&O Insurance Implications From Tesla's Stock Drop Suit

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    A recent shareholder stock drop lawsuit against Tesla showcases the legal perils that can follow companies' social media missteps, and highlights the importance of directors and officers liability insurance in the current age of political polarization, says Tae Andrews at Miller Friel.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Justices Should Clarify Securities Fraud Loss Causation

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    At its May conference, the U.S. Supreme Court should agree to review BofI Securities Litigation, to clear up a circuit split on how to assess loss causation in securities fraud cases, as shareholder class actions increasingly focus on external events that led to a stock drop, says Lyle Roberts at Shearman & Sterling.

  • FDCPA Ruling Has Privacy Implications For Financial Services

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    In Hunstein v. Preferred Collection, the Eleventh Circuit’s recent decision to allow claims against a debt collector who shared customer information with a vendor is concerning for financial services companies in its potential to broaden the Fair Debt Collection Practices Act and other consumer protection laws to include privacy rights, say attorneys at Holland & Knight.

  • How SPACs Can Avoid Failed China Reverse Mergers 2.0

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    As red-hot special purpose acquisition companies hungry for de-SPAC transactions set their sites on Asia, practitioners can look to the failed Chinese reverse mergers of the early 2000s for lessons about regulation, due diligence and misrepresentation, say attorneys at Baker McKenzie.

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