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Class Action
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July 21, 2025
Ex-Kellogg Worker Fights To Keep 401(k) Fee Suit Alive
A former Kellogg employee urged a Michigan federal court to reject the company's attempt to dismiss a proposed class action alleging the food manufacturer lost its workers millions of dollars in retirement savings because of excessive recordkeeping fees under the Employee Retirement Income Security Act.
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July 21, 2025
How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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July 21, 2025
Amazon, Amplio Can Arbitrate Drivers' OT Suit, Judge Says
Amazon and Amplio can arbitrate a proposed wage-and-hour class action filed by two former delivery drivers, a California federal judge said Friday, finding the state law barring employers from requiring workers to waive rights for labor code violations as a job condition doesn't preclude the companies from enforcing arbitration agreements.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
HealthOne Faces Class Action From Nurses Over Missed Breaks
A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.
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July 21, 2025
Aetna's Price-Fixing Suit 'Like Forum Shopping,' Judge Says
Aetna Inc.'s lawsuit alleging 23 pharmaceutical companies fixed prices for generic drugs seems like an attempt to work around a pause in similar Pennsylvania litigation, a Connecticut state judge said Monday, appearing sympathetic to the defendants' argument for dismissal or a stay.
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July 21, 2025
11th Circ Says. Experian Not Liable For Credit Dispute Costs
The Eleventh Circuit upheld a win for Experian PLC when it held that a consumer's attempts to correct inaccurate information in a credit report can't constitute an injury without evidence that the data was published to a third party or some other actual or imminent harm.
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July 21, 2025
Amazon's Aldi Subpoena Curbed In COVID Price-Gouging Suit
A Washington federal judge has ordered Aldi to hand over certain pricing information tied to Amazon's defense in a proposed class action over alleged pandemic-era price-gouging, while ruling that the budget grocery chain and other Amazon competitors won't have to disclose "highly confidential data regarding costs and margins."
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July 21, 2025
Xerox Strikes $9.1M Deal To End 13-Year-Long Wage Case
Xerox agreed to pay $9.1 million to end a 13-year-long wage lawsuit that went to the Ninth Circuit and the Washington Supreme Court, according to a federal court filing by more than 5,700 call center workers who accused the company of violating the Evergreen State's minimum wage law.
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July 21, 2025
CME Group, NYMEX Dodge Carbon Futures Suit
A New York federal judge has tossed a suit brought by three investment funds against CME Group Inc. and the New York Mercantile Exchange, alleging they improperly interpreted and failed to enforce rules governing carbon offset futures contracts, finding the plaintiffs do not have statutory standing to bring a private right of action under the Commodity Exchange Act.
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July 21, 2025
Mismanagement Cost Nokia 401(k) Plan $100M, Suit Alleges
Two former Nokia workers have hit their ex-employer with a proposed Employee Retirement Income Security Act class action in New Jersey federal court, accusing the company of mismanaging its 401(k) plan.
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July 21, 2025
2nd Circ. Backs Union Win Over Concrete Cos. In CBA Fight
The Second Circuit on Monday refused to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, affirming a lower court's decision to hand the union an early win that was partially based on the companies' failure to respond to discovery requests.
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July 21, 2025
Judge Won't Recuse Over Past Work With DraftKings Counsel
A California federal judge presiding over a proposed class action against DraftKings regarding its fantasy sports games offerings rejected a request from the plaintiffs to recuse himself over concerns that an attorney for the defense has ties to the court.
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July 21, 2025
Top 4 Texas Cases To Watch: A Midyear Report
Several major cases are taking shape in the Lone Star State, including the Southwest Airlines Pilots Association's suit seeking to hold Boeing accountable for lost revenue after the 737 Max was grounded, as well as the continuing fallout of a former Houston judge's romance scandal that could cost a Texas firm millions of dollars. Here's a look at the top cases to watch in Texas through the rest of the year.
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July 21, 2025
Archer Aviation Can't Ditch Suit Over $1.7B SPAC Merger
Most claims moved toward trial Monday in a Delaware Court of Chancery suit accusing principals of a blank-check company that took vertical takeoff-and-landing aircraft venture Archer Aviation Inc. public of overhyping its strength and outlook, breaching their fiduciary duties and unjustly enriching themselves.
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July 21, 2025
Travelers Unit, NC Door Maker Settle Excess Insurance Fight
A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.
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July 21, 2025
Capital One Board Ignored Account Scheme Risks, Suit Says
The board and executives at Capital One left the bank exposed to legal and regulatory problems when it hid high-yield savings accounts from legacy customers to boost profits, an investor has alleged in a derivative lawsuit brought in Virginia federal court.
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July 21, 2025
NY Cleaners Seek $30K In Atty Fees, Costs In Wage Suit Deal
Cleaners who reached a $75,000 deal to end their suit accusing a real estate investment company and its subsidiary of unpaid wages told a New York federal court their attorneys should receive nearly $30,000 in fees and expenses.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Kaiser's $11M Class Meal Break Deal Gets Final OK In Wash.
A Washington state judge gave the final green light on Friday to a nearly $11 million class deal to end claims that Kaiser Permanente shortchanged Evergreen State employees who worked through their meal breaks, while also awarding class counsel $3.6 million in legal fees from the settlement fund.
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July 18, 2025
Judge Says She'd Block Birthright Order For Nationwide Class
A Maryland federal judge has said she can't rule on a bid to block President Donald Trump's birthright citizenship executive order for a proposed nationwide class since another preliminary injunction is on appeal, but that she would grant the request if the Fourth Circuit remanded to let her do so.
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July 18, 2025
Investor Sues Biotech Capricor After Product's FDA Denial
Biotechnology company Capricor Therapeutics Inc. faces a proposed investor class action alleging it misrepresented its lead product candidate's approval prospects before the U.S. Food and Drug Administration.
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July 18, 2025
Judge Advised Against State AG Intervention In Sandoz Deal
A special master on Friday advised a Pennsylvania federal court to deny a bid by California and other state attorneys general to intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz, finding they lacked standing to represent the interests of consumers.
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July 18, 2025
Stewart Issues Discretion Decisions For 56 More Petitions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
Expert Analysis
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.