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Class Action
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October 07, 2025
In Latest PacifiCorp Trial, 8 Ore. Fire Victims Seek Damages
The latest PacifiCorp wildfire trial started Tuesday with opening statements describing the fear, displacement and trauma experienced by eight people, including a jewelry maker and a competitive horseback rider.
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October 07, 2025
Alto Neuroscience Execs Sued Over Rosy Drug Claims
An Alto Neuroscience investor claims CEO Amit Etkin and other directors overstated the efficacy of the psychiatric biotech company's lead drug candidate for treating major depressive disorder, according to a lawsuit filed Tuesday in California federal court that alleges the company's stock price plummeted when the truth came out.
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October 07, 2025
Wash. Spam Email Law Is Unconstitutional, Retailers Say
Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.
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October 07, 2025
Ex-Prisoners Push Back On Bid To Decertify Debit Card Class
Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.
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October 07, 2025
Sunbeam Ovens Burn Users, Suit Says
Sunbeam Products Inc. and its parent company, Newell Brands Inc., were hit Tuesday with a proposed class action in federal court over a recalled countertop oven by a New Yorker claiming the appliance burned her and that the company failed to warn about the risks of injury.
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October 07, 2025
Urologist Provider Must Face Data Leak Claims, Panel Says
The Georgia Court of Appeals has largely revived a proposed class action against a urology provider over a 2021 data breach that allegedly compromised the personal information of more than 79,000 patients, ruling Monday that the clinic could be liable for negligence and breach of contract.
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October 07, 2025
9th Circ. Revives Ex-Service Members' Antimalarial Drug Suit
A Ninth Circuit panel on Tuesday breathed new life into a lawsuit by four former U.S. military service members who claim drugmakers Hoffman-La Roche Inc. and Genentech Inc. failed to warn them about permanent psychiatric side effects allegedly caused by the antimalarial drug mefloquine.
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October 07, 2025
Mortgage Giants Shared Data To Fix Rates, Homeowners Say
A proposed class of homeowners has launched a sweeping class action against Rocket Mortgage, Wells Fargo, JPMorgan Chase and more than two dozen other mortgage lenders, accusing them of conspiring through Optimal Blue's pricing software to secretly share sensitive data and fix mortgage rates nationwide, allegedly inflating costs and deepening the U.S. housing affordability crisis.
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October 07, 2025
Emisphere Shareholder Wants Out Of $32M Class Settlement
A major shareholder of Emisphere Technologies has objected to a proposed $32 million settlement in a suit challenging the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, arguing that the terms of the deal are too low and unfairly benefit Emisphere's controlling shareholder.
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October 07, 2025
Unions Seek $1.5M In Fees, Costs In Alcoa Life Insurance Row
A group of retirees and unions that recently won a life insurance benefits class action against Alcoa have asked an Indiana federal judge to compel the aluminum producer to cover their $1.5 million in legal fees, costs and expenses.
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October 07, 2025
Biogen Says Investors Can't Expand Alzheimer's Drug Suit
Biogen Inc. said a class of investors suing over alleged misleading statements in connection with the rollout of the company's Alzheimer's drug should not be allowed to needlessly delay resolution by filing an amended complaint expanding the class period and adding new legal theories and claims.
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October 07, 2025
4 Oral Argument Sessions Benefits Attys Should Watch In Oct.
The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.
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October 07, 2025
6th Circ. OKs Contested Deal In Foreclosure Class Action
The Sixth Circuit on Monday affirmed the approval of a contested settlement to resolve claims that 43 Michigan counties illegally kept the proceeds from the sales of tax-foreclosed properties, although one judge's concurrence said he did so "with the greatest reluctance."
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October 07, 2025
Musk Atty Alex Spiro Faces DQ Bid Ahead Of Twitter Deal Trial
A certified class of former Twitter investors accusing Elon Musk of tanking the social media platform's stock during acquisition negotiations has urged a California federal judge to disqualify Musk's proposed lead trial counsel Alex Spiro before a January trial, arguing he's a "critical first-hand witness" and may testify, according to documents unsealed Monday.
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October 07, 2025
Marijuana Vape Antitrust Actions Consolidated In Calif.
Five proposed antitrust class actions brought by buyers of CCell brand cannabis vape accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme will be consolidated in California federal court, the U.S. Judicial Panel on Multidistrict Litigation has determined.
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October 07, 2025
Graco Can't Nix Warranty Claims Over Car Booster Seat Safety
A Georgia federal judge on Tuesday refused to nix warranty breach claims in a consolidated action alleging Graco misrepresented that its car booster seats would protect occupants in side-impact collisions, ruling a reasonable jury could find Graco's labeling is material and misleading to consumers.
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October 07, 2025
Developer Wants Permit Fee Suit Against Miami Revived
A developer on Tuesday asked a Florida appeals court to revive its claims against the city of Miami for allegedly overcharging builders permit and inspection fees, saying the city's unlawful carrying forward of the excess funds violates a state law limiting these actions.
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October 07, 2025
Northwestern Wants ERISA Health Offering Suit Tossed
Northwestern University asked an Illinois federal judge on Monday to throw out a proposed class action alleging it breached fiduciary duties in offering a higher-cost health plan alongside a cheaper option, arguing the plaintiffs have failed to allege injury because they admit that they received all the benefits to which they were entitled under the more-expensive plan's terms.
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October 07, 2025
Amazon Supplement Buyers Seek Spoliation Penalties
Consumers in a proposed class action accusing Amazon of peddling dietary supplements without making federally required disclosures urged a Washington federal judge on Tuesday to punish the e-commerce giant for allegedly failing to preserve product detail webpages they say are key to the litigation.
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October 07, 2025
EMS Workers Tell 4th Circ. NC County Owes Them Wages
Emergency medical services workers argued that a North Carolina county created a "mathematical impossibility" when it calculated their wages, urging the Fourth Circuit to flip a federal court's ruling that the county didn't owe them anything despite having violated federal law.
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Premera Defends IBS Drug Antitrust Claims Against Takeda
Health insurers and self-insured employers represented by Premera Blue Cross urged a Massachusetts federal judge not to nix a series of state law antitrust claims from the broader certified class action accusing Takeda Pharmaceutical of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza.
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October 07, 2025
Evenflo's Recall Over Choking Hazard Is Inadequate, Suit Says
An Evenflo customer filed a proposed deceptive marketing class action complaint in Massachusetts federal court alleging the company failed to disclose that its Revolve360 Slim child car seats have easily detachable foam headrests that pose potential choking hazards.
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October 07, 2025
3rd Circ. Won't Rehear J&J Investor Cert. Appeal
The U.S. Court of Appeals for the Third Circuit declined Tuesday to reconsider backing a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks.
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October 07, 2025
Siemens Worker Asks 3rd Circ. To Save 401(k) Forfeiture Suit
A Siemens Corp. employee urged the Third Circuit to reopen his lawsuit alleging the company violated federal benefits law by using forfeited retirement funds to cover its own contributions rather than plan expenses, arguing a lower court lost sight of his specific allegations when it tossed the case.
Expert Analysis
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.