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Class Action
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March 14, 2024
Apple Federal Credit Union Can't Shake Overdraft Fee Suit
A Virginia federal judge has declined to toss a proposed class action against Apple Federal Credit Union that challenges the bank's alleged policy of assessing additional overdraft fees on already-authorized transactions, saying the credit union has violated its own contract terms and did not properly disclose the fees to customers.
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March 14, 2024
Barclays Hit With Short-Seller's Suit Over $17B Overissuance
Barclays PLC and a few members of its top brass have been hit with a proposed securities class action in New York federal court over the bank's $17 billion overissuance of securities, which included exchange-traded notes designed to track volatility index futures.
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March 14, 2024
Pharma Co. Misled Investors On Research Methods, Suit Says
Pharmaceutical company Anavex has been hit with a proposed shareholder class action alleging that it misled the public about research methodologies it was using in its clinical studies for neurological treatments.
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March 14, 2024
Domino's Hit With BIPA Suit Over AI Voiceprint Collection
Domino's Pizza customers hit the restaurant chain with a proposed class action in Illinois federal court Wednesday alleging it secretly collects voiceprints through its artificial intelligence ordering system, saying the pizza chain uses the data to enhance the technology and to boost sales.
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March 14, 2024
Publisher Must Face Privacy Claims Over Meta Pixel Tool
An Ohio federal judge has ruled that the publisher of The Toledo Blade and the Pittsburgh Post-Gazette can't duck a proposed privacy class action alleging that the newspapers shared the video-viewing history of their website users with Facebook's parent company, Meta Platforms Inc., without their permission.
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March 14, 2024
Judge Applauds Attys' 'Very Awesome' Use Of Google AI Bot
A California federal judge told counsel Thursday it's "very awesome" that their recently amended putative class action complaint alleging privacy violations against Google used Google's own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers' websites, but he doubted the viability of other pleadings.
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March 14, 2024
Axon, Cities Fight Over Producing Material From FTC Case
Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.
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March 14, 2024
DC Judge Says 2020 Lafayette Square Protestors Can Refile
Protesters suing federal officials over the forcible removal of racial justice demonstrators from Lafayette Square in June 2020 can amend their suits to add claims against the federal government and former President Donald Trump, a D.C. federal judge has ruled.
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March 14, 2024
Tupperware Pans Investor Suit Over 'Small' Accounting Errors
Tupperware wants to dismiss a proposed class action accusing it of damaging investors by knowingly issuing misleading financial reports, arguing the suit fails to show it acted with ill intent when releasing the allegedly inaccurate information to the public, and that its restatements did not actually hurt shareholders.
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March 14, 2024
Norfolk Southern Must Face Most Derailment Suit Claims
Norfolk Southern must face the bulk of the claims in consolidated suits brought over a train derailment and subsequent chemical spill in East Palestine, Ohio, a federal judge ruled in a spate of opinions that also kept intact most of the rail giant's third-party claims against a chemical company and two railcar leasing firms.
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March 14, 2024
Game Developer Seeks Class Cert. In Valve Antitrust Case
Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.
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March 14, 2024
Colorado Truckers Too Few, Too Local For Class Treatment
A group of truck drivers who allege they were denied adequate overtime or meal and rest breaks cannot pursue their claims as a unified class, as a Colorado federal judge ruled that they were too few in number and too easy to contact to justify consolidation.
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March 14, 2024
Ex-Mechanic, Trucking Co. Reach Deal In OT Suit
A former employee and a transportation company told a Georgia federal judge they have reached a deal to end the worker's lawsuit alleging he was misclassified as an independent contractor and shorted overtime wages, saying he will recover all of his missing pay under the settlement.
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March 14, 2024
Food Delivery App Can't Beat Investor Suit Over SPAC Deal
A New York federal judge has trimmed a suit against Grab Holdings Ltd., a company that operates mobile food delivery and ride-hailing services, but retained allegations that several sections of a proxy statement Grab filed with a special-purpose acquisition company were false and misleading.
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March 14, 2024
Security Guards Score $132K Win In Drawn-Out Wage Suit
A Georgia security company must pay nearly $132,000 to four guards for years of unpaid overtime wages and retaliation after the company failed for years to respond to its workers' class action according to a Peach State federal judge's ruling.
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March 14, 2024
Ford Slammed For Bid To 'Sidestep' Faulty Axle-Bolt Suit
Two Washington SUV owners suing Ford for allegedly slacking on safety in newer Explorer models have accused the vehicle maker of trying to "sidestep liability" in their proposed class action by pointing to two recalls that didn't address the design flaw at issue.
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March 14, 2024
8th Circ. Questions Patient Standing In ERISA Claims Dispute
An Eighth Circuit panel appeared skeptical Thursday of reviving a suit from patients insured by UnitedHealth Group alleging a billing practice known as cross-plan offsetting violated federal benefits law, with judges questioning whether the patients sufficiently established injury.
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March 14, 2024
Union Member Sues UNITE HERE Over Massive Data Breach
A Detroit-based UNITE HERE member has sued the union in New York federal court on behalf of a proposed class of current and former members, alleging the union acted negligently and breached an implied contract by failing to prevent a data breach that affected nearly 800,000 people.
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March 14, 2024
Katten Adds Ex-Paul Hastings Securities Litigation Co-Chair
Katten Muchin Rosenman LLP announced Thursday that it has hired a longtime Paul Hastings LLP attorney who was global co-chair of his former firm's securities litigation practice for its New York office.
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March 14, 2024
Health Co. Says Future Harm Risk Falls Short In Breach Suit
New Jersey healthcare provider Capital Health System urged a Garden State federal judge on Wednesday to toss a proposed class action seeking damages as a result of a 2023 data breach, arguing that the plaintiffs failed to allege their personal identifying information was actually misused.
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March 14, 2024
Sidley Product Liability Ace Jumps To Shook Hardy In LA
Shook Hardy & Bacon LLP has brought on a longtime Sidley Austin LLP partner and practice co-chair with expertise in large, high-stakes class action litigation and product liability around pharmaceuticals, medical devices and more to its product liability practice group in Los Angeles.
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March 14, 2024
Chesapeake Investor Challenges $7.4B Southwestern Deal
A shareholder of Chesapeake Energy Corp. sued the company and some of its officers and directors on Wednesday in an attempt to enjoin a proposed $7.4 billion acquisition of Southwestern Energy, saying investors cannot make an informed decision on whether to approve the deal or not based on the incomplete financial information provided.
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March 14, 2024
Lockheed Offloaded Pensions In Risky Deal, Retirees Say
A group of retirees claim aerospace defense company Lockheed Martin committed an "egregious act of disloyalty" when it passed off $9 billion in pension responsibilities for 31,000 beneficiaries to a risky annuity provider, according to a suit filed in Maryland federal court.
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March 14, 2024
Drug Wholesalers Want Preliminary OK On $265M Sandoz Deal
A group of direct purchasers of generic drugs has asked a Pennsylvania federal court for approval of a $265 million settlement with Swiss drugmaker Sandoz over allegations of federal antitrust violations.
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March 14, 2024
2nd Circ. Keeps COVID Furloughs Suit Out Of Arbitration
Three former Four Seasons hotel employees' yearslong COVID-related furloughs don't fall under their employment agreements and are therefore not arbitrable, the Second Circuit ruled, affirming a lower court's decision keeping the workers' suit in court.
Expert Analysis
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Opinion
Activist Short-Sellers Are The Dark Knights Of Wall Street
While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend
The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.
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An Informed Guide To Mastering Retirement Plan Forfeitures
When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.
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Kochava Ruling May Hint At Next Privacy Class Action Wave
The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.