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Class Action
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April 24, 2024
FPL Asks Court To Decertify Class Over Irma Power Outages
Florida Power & Light Co. asked an appeals court Wednesday to undo class certification in a multibillion-dollar suit over extended power outages after Hurricane Irma, arguing that a new law enacted last year requires the plaintiffs to bring their claims before the state's Public Service Commission.
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April 24, 2024
Foxtrot, Dom's Kitchen Closures Violate WARN Act, Suit Says
Former employees of Foxtrot Market and Dom's Kitchen & Market hit the stores' parent company with a lawsuit in Illinois federal court Thursday, alleging it failed to give workers 60 days' notice of mass layoffs as required by federal law when all 33 locations abruptly shuttered Tuesday.
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April 24, 2024
Raleigh, NC, Seeks Dismissal Of Ex-Cop's OT Suit
The city of Raleigh, North Carolina, asked a federal judge Wednesday to toss an ex-police officer's lawsuit alleging it illegally compelled officers to accept time off rather than pay overtime premiums, arguing it acted in accordance with federal labor law.
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April 24, 2024
Louis Vuitton Flouted Wage And Hour Laws, Suit Says
Louis Vuitton has been hit with a proposed wage and hour class action in Los Angeles Superior Court by a former employee, alleging the luxury fashion company failed to pay overtime, provide proper meal and break periods and manipulated time cards to show fewer hours than worked during the pay period.
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April 24, 2024
Investors Can't Hit Reset In 737 Max Fraud Suit, Boeing Says
Investors claiming Boeing wiped out billions in stock value by misrepresenting the 737 Max's safety shouldn't be allowed to "effectively hit the reset button" and pursue an amended complaint that relies on statements already deemed inactionable, the aerospace giant argued Wednesday.
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April 24, 2024
Bill O'Reilly Can't Duck Canceled Cruise Suit, Customer Says
Bill O'Reilly cannot use his New York ties to shrug off a proposed class action, a man denied refunds for a canceled cruise has told an Arkansas federal court, arguing the former Fox News host and others gave the court jurisdiction when they launched a nationwide marketing campaign for the trip that reached Arkansas residents.
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April 24, 2024
Pegasystems Cuts $35M Deal To End Investor Suit
Pegasystems Inc. has agreed to pay $35 million to settle a shareholder suit in Massachusetts federal court alleging the software company failed to properly disclose a rival's trade secret litigation that led to a $2 billion verdict.
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April 24, 2024
Investors Say Macquarie No Magic Bullet For Citi In Fraud Suit
Citigroup investors fighting for another chance to sue the bank over allegations that it concealed risk management failures that led to a $400 million regulatory fine told a New York federal judge Tuesday that the U.S. Supreme Court's recent decision to limit corporate disclosure lawsuits is not terminal to their case.
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April 24, 2024
Joe Rogan Brain Health Supplements Don't Work, Suit Claims
A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company's own studies prove false its advertisements claiming the product is "clinically" proven to promote cognitive function.
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April 24, 2024
Boston Pension Doubles Down On Bid To Lead NYCB Suit
Boston's municipal pension plan and its attorneys from Labaton Keller Sucharow LLP stood firm on their bid to lead a proposed securities class action against New York Community Bancorp, saying their chief rival for lead status bought their shares too late and is too sketchy to be a potential plaintiff.
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April 24, 2024
Tesla Must Put Musk's Potential Payday In Trust, Investors Say
Class attorneys for Tesla stockholders have asked Delaware's chancellor to seize or shelter in a trust tens of billions in company stock sidelined by a ruling that struck down CEO Elon Musk's 10-year compensation plan in January, pending a fast-track hearing.
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April 24, 2024
Healthcare Co. Reaches Deal To Exit Pension Plan Suit
A healthcare company struck a deal with a class of retirement plan participants to end their suit accusing it of stacking its $500 million pension plan with costly funds and failing to keep fees low, according to a filing in Massachusetts federal court.
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April 23, 2024
Kerrygold Butter-Maker Can't Nix 'Pure' Label False Ad Suit
A New York federal judge on Tuesday largely denied a bid by Kerrygold Pure Irish Butter's maker to discard a proposed class action alleging its product is misbranded as "pure" though it might contain "forever chemicals," finding the suit plausibly alleges chemicals from the packaging could migrate to the product.
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April 23, 2024
Pool Supply Co. Seeks Exit From Investors' Inflated Sales Suit
Pool supply company Leslie's Inc. is urging the Arizona federal court to drop a suit accusing it of concealing that booming sales during the COVID-19 pandemic were due to an inventory glut, not the company's growth strategies, arguing that its statements were based on information it believed to be true about consumer purchasing behavior.
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April 23, 2024
$12M Chicago Toxic Demolition Settlement Receives Final OK
An Illinois federal judge gave his final blessing to a group of Chicago residents' $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.
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April 23, 2024
Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements
A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.
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April 23, 2024
Citi Says 401(k) Suit No Different From Others That Were Axed
Citigroup Inc. has urged a Connecticut federal judge to permanently toss a proposed class action brought by former employees who claim the company mismanaged their 401(k) plans, arguing that decisions made in other courts dismissing similar challenges support the suit's dismissal.
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April 23, 2024
Realtors, Home Sellers Get OK For $418M Broker Rules Deal
The National Association of Realtors and a nationwide class of home sellers on Tuesday scored a Missouri federal judge's initial approval of their $418 million settlement resolving claims that the trade group's broker commission rules caused home sellers across the country to pay inflated fees.
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April 23, 2024
EV Co.'s SPAC Suit Gets Final OK For $1.9M Settlement
Lightning eMotors Inc., which made electric commercial vehicles and has announced liquidation of its assets, has received final approval for a $1.85 million settlement of shareholder derivative claims against its brass alleging they hid supply chain issues that would keep it from scaling after going public via merger with a special purpose acquisition company.
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April 23, 2024
Juvenile Facility Abuse Suits Will Move To State Court
A trio of plaintiffs who were denied class certification for their civil rights claims against Abraxas Youth and Family Services have agreed to withdraw their federal suit against the juvenile facility operator with an eye toward refiling their remaining claims in state court.
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April 23, 2024
Goosehead Insurance Investor Looks To Pause Chancery Deal
A stockholder of Goosehead Insurance Inc. who struck a settlement last year with the Texas-based company to end his proposed class action over disproportionate insider control asked Delaware's Court of Chancery on Tuesday to put the deal on hold until another case involving investment bank Moelis & Co. plays out.
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April 23, 2024
Hot Spot Co. Investors' Revised $2.4M Deal Gets Initial OK
Investors in mobile hotspot-maker Franklin Wireless Corp. have received an initial green light for their $2.4 million deal to end claims the company knowingly sold devices with defective batteries that could burst into flames after a federal judge rejected an earlier iteration of the proposal.
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April 23, 2024
Ex-Banker Says HSBC Can't Blame Wage Policy On Manager
A former HSBC Bank employee accusing the company of violating the federal wage and hour law by making employees work through lunch told a New York federal court the company's attorneys are trying to offload responsibility for their client's actions to a former manager.
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April 23, 2024
Levi & Korsinsky To Head Combined Paycom Investor Actions
An Oklahoma federal judge selected Levi & Korsinsky LLP to lead a consolidated proposed investor class action against human resources technology company Paycom Software Inc. over the company's alleged failure to disclose that the success of its self-service payroll software was hindering the growth of the company's other services and revenue.
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April 23, 2024
GoodRx Hid Revenue Reliance On Kroger, Suit Claims
GoodRx Holdings Inc. has been hit with a proposed class action alleging it concealed from investors the indispensability of its relationship with Kroger, leading to share declines when GoodRx announced revenue would be severely impacted because the grocery chain would no longer be accepting its discount codes.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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A Review Of 2023's Most Notable Securities Litigation
There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.