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Class Action
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May 10, 2024
Logan Paul Energy Drinks Have Excess Caffeine, Suit Says
A proposed class of energy drink buyers is suing YouTube celebrity Logan Paul's Prime Hydration LLC, alleging the drinks contain significantly more than the 200 milligrams of caffeine they advertise.
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May 10, 2024
Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent
In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.
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May 10, 2024
NJ State Police Settle Suit Over Expungements Backlog
The New Jersey State Police agreed to speed up the processing of expungements to resolve the Office of the Public Defender's proposed class claims over a backlog of judicial orders that numbered 46,000 as of October, Attorney General Matt Platkin and Public Defender Jennifer N. Sellitti said in a joint statement Friday.
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May 10, 2024
Prudential Investor Attys Seek $9M Fees For Settlement
Attorneys representing investors in a settlement with Prudential Financial Inc. over claims that the insurer misrepresented certain trends affecting its life insurance reserves have asked a New Jersey federal judge to grant final approval of the deal and nearly $9 million in fees.
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May 10, 2024
Benefits Groups Urge High Court To Take Up AT&T 401(k) Suit
Several benefits groups urged the U.S. Supreme Court to hear AT&T's request to overturn a Ninth Circuit ruling that upended its win in retirement plan participants' class action accusing it of mismanaging their 401(k), saying allowing the decision to stand would redefine prohibited transactions.
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May 10, 2024
No 'Piecemeal' Fees For Infant Data Win Amid 6th Circ. Appeal
A federal judge said Friday that he wouldn't award attorney fees to children who challenged Michigan's handling of blood samples collected in an infant health screening program until the state's Sixth Circuit appeal is resolved.
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May 10, 2024
Fuzzy Jurisdiction In Web Cases Has 1st Circ. Judge 'Worried'
A First Circuit judge has said uncertainty over how personal jurisdiction rules apply to cases involving the borderless internet may require action from Congress or the U.S. Supreme Court, expressing concern that website operators can "manipulate" the legal requirement in order to avoid accountability.
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May 10, 2024
Nationstar Mortgage Wants To Escape 'Junk Fee' Suit
Nationstar Mortgage LLC has asked a Washington federal judge to toss a proposed class action alleging it illegally charged homeowners a "junk fee" for written payoff quotes, saying the suit's claims fail because expedited payoff fees are not unlawful and do not breach the terms of the relevant loan agreements.
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May 10, 2024
PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed
P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.
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May 10, 2024
Printing Co. To Pay $1.2M To End 401(k) Fee Suit
A class of retirement plan participants asked an Illinois federal judge to grant final approval to a nearly $1.2 million settlement they reached to end their suit accusing a printing company of allowing its $1.3 billion plan to shoulder excessive record-keeping fees.
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May 09, 2024
Amazon Shakes Wash. Suit Premised On Calif. Wiretap Claims
A Washington federal judge has tossed a putative class action accusing Amazon.com Inc. of unlawfully recording chat conversations with consumers, finding that the plaintiff couldn't sustain a suit containing only California claims because the e-commerce giant's usage agreement makes clear that Washington law governs such disputes.
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May 09, 2024
Google Slams Maps Antitrust Suit As 'Cut-And-Paste Job'
Google's counsel urged a California federal judge Thursday to permanently toss a proposed antitrust class action over its Maps product, calling the complaint a "cut-and-paste job" from a 2020 House report and accusing plaintiffs of "trying to gin up an antitrust claim" where one doesn't exist.
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May 09, 2024
SeaWorld Workers Nab Class Cert. In 401(k) Fees Suit
A California federal judge agreed to certify a class of 10,000 current and former workers suing SeaWorld for keeping high-cost funds in their retirement accounts and retaining expensive record-keepers.
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May 09, 2024
Attys Want $102M In Fees In Stock Loan Antitrust Deal
Quinn Emanuel Urquhart & Sullivan LLP and Cohen Milstein Sellers & Toll PLLC attorneys asked for $102 million in fees for settling claims from investors that major banks colluded to avoid modernizing the stock loan market, saying the long and complex nature of the case warrants the payout.
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May 09, 2024
US Bank Sees Unauthorized Account Suit Tossed For Good
A New York federal judge has permanently thrown out a proposed class action against U.S. Bancorp alleging shareholders were harmed after the bank paid a $37.5 million fine to the Consumer Financial Protection Bureau in connection with allegations its bankers secretly opened accounts in customers' names.
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May 09, 2024
Judge 'Tempted' To Transfer MLB Scouts' Colo. Age Bias Suit
A Colorado federal judge said Thursday he was "somewhat tempted" to transfer an age discrimination lawsuit brought by former MLB scouts if he ultimately decides the court doesn't have jurisdiction over out-of-state teams, despite believing they may have a "fairly strong" argument that he can oversee the case against the league itself.
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May 09, 2024
9th Circ. Revives Northrop Retirees' Putative Class Action
The Ninth Circuit on Thursday once again resurrected a proposed class action accusing Northrop Grumman of misinforming retirees about their pension benefits, ruling that the retirees have plausibly alleged that they received inaccurate benefit statements.
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May 09, 2024
Rail Co. Accused Of Retaliation Over FMLA Use
CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.
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May 09, 2024
REIT Says Insurers Must Cover Antitrust Conspiracy Claims
A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.
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May 09, 2024
Gov't Says It's Already Yielded Camp Lejeune Muster Rolls
The federal government on Wednesday told the North Carolina federal court overseeing litigation over water contamination at the Camp Lejeune base that it has already produced muster rolls and that the court should deny the service members' request to produce more records.
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May 09, 2024
Hermes Seeks Exit From Antitrust Suit Over Birkin Bag Sales
Hermès urged a California federal judge on Thursday to toss an antitrust class action accusing the luxury fashion retailer of tying the sale of its iconic Birkin and Kelly handbags to other items, saying the plaintiffs' assertion that the handbags constitute their own market minimizes the "fierce competition" across the luxury goods industry.
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May 09, 2024
6th Circ. Judge Doubts GM Drivers Can Revive Emissions Suit
A Sixth Circuit judge suggested Thursday that drivers are second-guessing a U.S. Environmental Protection Agency stamp of approval with their claims that General Motors marketed its Chevrolet Silverado and GMC Sierra vehicles as more eco-friendly than they really were.
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May 09, 2024
Chicken Farmers Win Cert. Of 24K Class In No-Poach Suit
An Oklahoma federal judge has certified a class of more than 24,000 broiler chicken farmers accusing Pilgrim's Pride of conspiring with others to suppress grower compensation through no-poach agreements, noting the plaintiffs provided direct and circumstantial evidence to show the existence of an antitrust conspiracy affecting all farmers.
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May 09, 2024
FICO Blasts Discovery 'Sideshows' In VantageScore Suit
An Illinois federal judge handling antitrust claims targeting the credit-scoring market should disregard the "sideshows" customers lodged by requesting confidential settlement records and other documents that are too far removed from the case's core issues, Fair Isaac Corp. argued on Wednesday.
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May 09, 2024
Armstrong Teasdale Litigator Joins Dentons In St. Louis
A longtime Armstrong Teasdale litigator who's spent over a decade working on insurance coverage disputes has joined Dentons' St. Louis office as a partner.
Expert Analysis
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Unpacking The Complicated Question Of CIPA's Applicability
As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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Overdraft Opt-In Practices Hold Risks For Banks
A recent Consumer Financial Protection Bureau action against Atlantic Union Bank regarding overdraft opt-in sales practices highlights compliance risks that financial institutions must be aware of, especially when enrolling customers by phone, says Kristen Larson at Ballard Spahr.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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An Overview Of Key Financing Documents In Venture Capital
The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.